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City Council

May 14, 2024 ·6:30 PM Final ·CLOSED SESSION TIME: 5:00 PM OPEN SESSION TIME: 6:30 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO HOUSING AUTHORITY

Agenda — 70 items

  1. 1 HOW TO REVIEW THE AGENDA. ALL AGENDAS ARE POSTED IN THE CITY HALL ADMINISTRATION BUILDING (150 SOUTH PALM AVENUE, RIALTO) AT LEAST 72 HOURS IN ADVANCE OF THE MEETING. ALL WRITINGS THAT RELATE TO AN OPEN SESSION AGENDA ITEM AT A REGULAR COUNCIL MEETING DISTRIBUTED TO ALL, OR A MAJORITY, OF THE COUNCIL MEMBERS WILL BE MADE AVAILABLE AT THE SAME TIME BUT AT LEAST 72 HOURS BEFORE A REGULAR MEETING, FOR PUBLIC INSPECTION ON THE CITY’S WEBSITE AT www.yourrialto.com AND IN THE OFFICE OF THE CITY CLERK LOCATED AT 290 WEST RIALTO AVENUE, RIALTO, CALIFORNIA (909-820-2519) FROM 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH THURSDAY. ANY PERSON HAVING A QUESTION CONCERNING ANY AGENDA ITEM MAY CALL THE CITY CLERK’S OFFICE TO MAKE INQUIRY CONCERNING THE NATURE OF THE ITEM DESCRIBED ON THE AGENDA. ITEMS ADDED TO THE AGENDA. CONSISTENT WITH THE RALPH M. BROWN ACT, ADDITIONAL ITEMS MAY BE ADDED TO THE AGENDA AND ACTED UPON BY THE CITY COUNCIL ONLY IF IT IS CONSIDERED TO BE A “SUBSEQUENT NEED” OR “EMERGENCY” ITEM AND IS ADDED BY A TWO-THIRDS VOTE. MATTERS RAISED UNDER ORAL COMMUNICATIONS MAY NOT BE ACTED UPON AT THAT MEETING OTHER THAN AS PROVIDED ABOVE. NEED ADA ASSISTANCE? IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE DIRECTOR OF MAINTENANCE & FACILITIES AT (909) 421-7279. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING (28 CAR 35.102-35.104 ADA Title II).
  2. 2 HOW TO ATTEND THE MEETING. (1) Members of the public may attend the meeting in person. (2) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (3) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. HOW TO MAKE A PUBLIC COMMENT. (1) Appear at the meeting and speak during the public comment period. We request that you complete a Public Speaker Form and submit it to the City Clerk before the meeting. There is a 5 minute time limit. (2) You may submit a public comment in writing to the City Clerk by email at CITYCLERK@RIALTOCA.GOV.
  3. 3 Rialto – Entering a Second Century of Progress
  4. 4 Next Ordinance No. 1695 Next Resolution No. 8217
  5. 5 PAGE BREAK
  6. 6 CLOSED SESSION
  7. 1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Number of Matters: One (1) • In re Rialto Bioenergy Facility, LLC US CASB Case No. 23-01467-CL11 24-1417
  8. 2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of Matters: Two (2) • Workers Compensation Disability / Retirement cases • Demand Letter - Martin 24-1418
  9. 3 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957.6 Labor Negotiator: Interim City Manager Michael Milhiser, Assistant City Manager Tanya Williams, Human Resources Director Shama Curian. Employee Organizations: • Executive Management Team • Management Unrepresented Employees • Rialto City Employee’s Association (RCEA) • Teamsters Mid-Management & Confidential Employee’s Union (TMMU) • Rialto Fire Management Association (RFMA) • Rialto Police Benefit Association - Management • Rialto Police Benefit Association - General • Rialto Professional Firefighters of California - Local 3688 • Unrepresented Employees 24-1275
  10. 4 PUBLIC EMPLOYEE PERFORMANCE APPOINTMENT Pursuant to Government Code section 54957(b) One (1) position: Title: Interim City Manager 24-1187
  11. 11 PAGE BREAK
  12. 12 5:00 p.m.
  13. 13 Called to Order By:
  14. 14 ROLL CALL
  15. 15 OPEN SESSION
  16. 16 6:30 p.m.
  17. 17 Called to Order By:
  18. 18 ROLL CALL
  19. 19 PLEDGE OF ALLEGIANCE - Mayor Pro Tem Carrizales
  20. 20 INVOCATION - Pastor Harry Bratton - Greater Faith Grace Bible Church
  21. 21 City Attorney’s Report on Closed Session
  22. 22 PRESENTATIONS AND PROCLAMATIONS
  23. 1 Presentation - In Memoriam of Victor Orihu - Mayor Robertson 24-1279
  24. 2 Proclamation - National Public Works Week - Mayor Robertson 24-1405
  25. 3 Presentation - In Memoriam of Jame Thomas Hallum - Council Member Scott 24-1415
  26. 4 Presentation - Rialto on Wheels Event - Scott McAfee, Don’s Bicycles 24-1404
  27. 5 Presentation - Update on Police Station - Chief Mark Kling 24-1386
  28. 28 ORAL COMMUNICATIONS
  29. 29 City Council to consider removing or continuing any items on the agenda
  30. 30 PAGE BREAK
  31. 31 CONSENT CALENDAR
  32. A. WAIVE FULL READING OF ORDINANCES
  33. B. APPROVAL OF WARRANT RESOLUTIONS
  34. B.1 Warrant Resolution No. 40 24-1407
  35. B.2 Warrant Resolution No. 41 24-1408
  36. B.3 Warrant Resolution No. 42 24-1409
  37. C. APPROVAL OF MINUTES
  38. C.1 Regular City Council Minutes - April 23, 2024 24-1403
  39. D. CLAIMS AGAINST THE CITY
  40. D.1 Brigette Navarro - Damages 24-1421
  41. D.2 Genia Windham - Vehicle Damage 24-1422
  42. D.3 Isabel C. West - Vehicle Damage 24-1423
  43. D.4 Steel-Tech Industrial Corp - Damages 24-1424
  44. D.5 Thomas L. Burns - Damages 24-1426
  45. D.6 Thomas L. Burns 2 - Damages 24-1425
  46. 46 PAGE BREAK
  47. E. SET PUBLIC HEARING
  48. E.1 Request City Council to Set a Public Hearing for May 28th, 2024, to consider Master Case No. 2023-036, Specific Plan Amendment No. 2024-001, a request for a specific plan amendment from Residential-Mixed Use (R-MU) to Commercial Pedestrian within the Foothill Boulevard Specific Plan, Conditional Development Permit No. 2023-0021, Precise Plan of Design No. 2023-0027, and Environmental Assessment Review No. 2023-0035: a request for the use of and to develop a 3,596 square foot Car Wash, drive-thru lane, and vacuum station aisle on 1.20 acres. The property is located at the northeast corner of Foothill Boulevard and Linden Avenue (APN:0128-011-32) in the Foothill Boulevard Specific Plan. 24-1399
  49. F. MISCELLANEOUS
  50. F.1 Request City Council to Authorize the Release of Bids for Fire Station 204 Generator Installation, City Project No. 240202. 24-1390
  51. F.2 Request the City Council Introduce for Second Reading Ordinance No. 1693, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 18.75 (FLOODPLAIN MANAGEMENT ORDINANCE) OF THE RIALTO MUNICIPAL CODE FOR COMPLIANCE WITH 44 CODE OF FEDERAL REGULATIONS PART 60.3(D) OF THE NATIONAL FLOOD INSURANCE PROGRAM”, reading by title only and waiving full reading thereof. 24-1350
  52. F.3 Request City Council to Adopt Resolution No. 8209, Amending the Salary for the Utilities Manager Classification. 24-1419
  53. 53 PAGE BREAK
  54. TAB PUBLIC HEARING
  55. TAB1 Request City Council to: 1) Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; 2) Request City Council to Adopt Resolution No. 8210 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2024/2025; and 3) Request City Council to Adopt Resolution No. 8211 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2024/2025 for said Annexation. POWERPOINT (ACTION) 24-1385
  56. TAB2 Request City Council to Conduct a Public Hearing to consider Adoption of Resolution No. 8201 an Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A. (ACTION) 24-1280
  57. TAB3 Request City Council to Conduct a Public Hearing to consider Adoption of 1) Resolution No. 8212 approving General Plan Amendment No. 2019-0006, a request to change the general plan land use designation of approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue (“Site”) from Residential 2 with an Animal Overlay to Community Commercial (CC), 2) Ordinance No. 1694 approving Zone Change No. 2019-0004, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019-0004 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 1.55 ACRES OF LAND (APN: 0132-021-18) LOCATED AT THE SOUTHEAST CORNER OF RANDALL AVENUE AND LILAC AVENUE FROM AGRICULTURAL (A-1) TO NEIGHBORHOOD COMMERCIAL (C-1)” [Reading by title only and waiving full reading thereof] 3) Resolution No. 8213 approving Precise Plan of Design No. 2022-0019, a request to allow the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building on the Site, and 4) Resolution No. 8214 adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). (ACTION) 24-1395
  58. TAB NEW BUSINESS
  59. TAB4 Request City Council to Adopt Resolution No. 8215, A Resolution of the City Council of the City of Rialto Appointing Mike Milhiser as Interim City Manager and Approve the Corresponding Employment Agreement. (ACTION) 24-1398
  60. TAB5 Request City Council to Receive an Update from Arc Strategies on the 2023-2024 State Legislative Session. (ACTION) 24-1420
  61. TAB6 Request the City Council and Rialto Utility Authority Board to : 1) Adopt Resolution No. 8216 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 2) Adopt RUA Resolution No. 08-33 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 3) Approve the Fourth Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for As-Needed Support Activities for an Amount Not to Exceed $325,750; 4) Appropriate $162,875 from the Unallocated Wastewater Reserve Fund Account No. 5660-0000-30000; and 4) Authorize the Acting City Manager/Executive Director to Execute all Related Documents. (ACTION) 24-1397
  62. TAB7 Request City Council to 1) Award a Construction Contract to Genesis Builders, Inc. in the Amount of $1,336,498.61 for Building 400 Improvements, City Project No. CB2202; 2) Authorize a Contract Change Order Request in the amount of $150,298 with Fountainhead Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Building 400 Improvements, City Project No. CB2202; and 3) Authorize the City Manager or their Designee to Execute all Related Documents. (ACTION) 24-1391
  63. TAB8 Request City Council to 1) Accept the Written Recommendation of the Chief of Police 2) Award a Franchise Agreement for Official Police Towing Services to Pepe’s Towing Service, a California Corporation, for an Initial Term of 25 Months Commencing June 1, 2024, through June 30, 2026, with two Optional Annual Extensions Through June 30, 2028; and 3) Authorize the Acting City Manager, or Designee to Execute all Documents. (ACTION) 24-1416
  64. 64 PAGE BREAK
  65. 65 REPORTS
  66. 66 MAYOR:
  67. 67 COUNCIL MEMBERS:
  68. 68 CITY ATTORNEY:
  69. 69 CITY MANAGER:
  70. 70 ADJOURNMENT