Rialto — 2023-01-24

1 23-092 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED\nLITIGATION\nSignificant exposure to litigation Pursuant to Government Code section\n54956.9(d)(2)\nNumber of maters: Three (3) matters.

2 23-093 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED\nLITIGATION\nDecision whether to Initiate Litigation Pursuant to Government Code\nsection 54956.9(d)(4)\nNumber of maters: One (1) matter.

3 23-094 CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: Ayala Drive/Miro Way; APNs 0264-211-15, 0264-212-12, -17,\n-30, -44, -45, -46, and -54\nCity/Agency Negotiator: Acting City Manager Arron Brown; City Attorney\nEric Vail\nNegotiating Parties: City of Rialto/Successor Agency; unspecified potential\nbuyers\nUnder Negotiation: Price and Terms Sale

4 23-095 CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 136 S. Riverside Drive\nCity Negotiator: Acting City Manager Arron Brown; City Attorney Eric Vail\nNegotiating Parties: City of Rialto; unspecified potential buyers\nUnder Negotiation: Price and Terms Sale

5 23-096 PUBLIC EMPLOYEE EVALUATION\nPursuant to Government Code section 54957(b)\nPosition: Acting City Manager

6 23-097 PUBLIC EMPLOYEE APPOINTMENT\nPursuant to Government Code section 54957(b)\nPositions: Acting City Manager / Interim City Manager and/or City Manager\n6:30 p.m.\nCalled to Order By:

B.1 23-064 Warrant Resolution No.26 (01/12/2023)

B.2 23-065 Warrant Resolution No.27 (01/19/2023)

C.1 23-059 Regular City Council Meeting - January 10, 2023

D.1 23-060 Alize Mariah Valdez - Vehicle Damage

D.2 23-061 Jonathan Basurto - Personal Injury

D.3 23-062 Tesla Insurance (Zi Huang) - Vehicle Damage

D.4 23-063 Patrick L. Sampson Jr. - Vehicle Damage

D.5 23-083 Mercury Insurance (Gerardo Hernandez) - Vehicle Damage

D.6 23-084 Karen Rivera - Vehicle Damage

D.7 23-085 Matilde Jonathan Jimenez - Vehicle Damage

D.8 23-098 Ignacio Penaloza, Janeth Penaloza, Cruz Mayoral - Personal Injury

D.9 23-104 Nyeka Loyd - Vehicle Damage

E.1 22-946 Request City Council Set a Public Hearing for February 14, 2023, to\nConsider and Re-Adopt a Resolution Approving the City of Rialto\n2021-2029 (Sixth Cycle) General Plan Housing Element Update (General\nPlan Amendment No. 2021-0002).

E.2 23-050 Request City Council Set a Public Hearing for February 14, 2023, to\nConsider and Adopt the 2021-2029 (Sixth Cycle) General Plan Housing\nElement Rezone Program

E.3 23-074 Request City Council to Set a Public Hearing for February 28, 2023, to\nConsider the Placement of Liens for Delinquent Refuse Collection\nAccounts for the 3rd Quarter of the 2022 Calendar Year.

F.1 23-051 Request City Council to Adopt by Second Reading ORDINANCE NO.\n1675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nRIALTO, CALIFORNIA AMENDING SECTIONS 2.52.020, 2.52.030, AND\n2.52.050 OF THE RIALTO MUNICIPAL CODE REGARDING THE RIALTO\nCEMETERY

F.2 23-053 Request City Council to 1) Adopt Resolution No. 8034 Amending the\n2022-2023 Fiscal Year Budget; (2) Accept 2022 Justice Assistance Grant\n(JAG) in the Amount of $39,776; (3) Approve the Inter-local Agreement with\nthe County of San Bernardino; and (4) Authorize the City Manager to\nExecute all Documents.

F.3 23-081 Request City Council to Adopt Resolution No. 8037 Authorizing the\nDestruction of Certain Municipal Records of the Finance Department.

F.4 23-076 Request City Council to approve the costs associated with a fuel spill\ncleanup and issue a purchase order to Environmental Logistics, Inc. for\noutstanding invoices in the amount of $210,211.67 for environmental\ncleanup services.

F.5 23-080 Request City Council to: (1) Receive an Update on and Confirm the\nContinued Existence of the Local Emergency Throughout the City of Rialto\nin Response to the COVID-19 Pandemic; (2) Make Findings for Continuing\n“Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further\nDirection in Relation thereto\nTAB PUBLIC HEARING

TAB1 23-069 Request the City Council to Conduct a Public Hearing for the Appeal of the\nPlanning Commission’s Decision on November 9, 2022, Approving\nConditional Development Permit (CDP) No. 2021-0047 and Precise Plan\nof Design (PPD) No. 2021-0061 for the development of a 62,248 square\nfoot industrial warehouse building on 2.84 acres of land (APN:\n1133-081-01 & 1133-081-02) located on the southwest corner of Locust\nAvenue and Stonehurst Drive within General Manufacturing (I-GM) land use\ndistrict of the Rialto Airport Specific Plan and to consider Resolution No.\n8038 denying appellant’s appeal.\nPOWERPOINT\n(ACTION)

TAB2 23-077 Request City Council to: (1) Conduct a Public Hearing Regarding the\nProposed Annexation of Territory to the Rialto Landscaping and Lighting\nMaintenance District No. 2; (2) Request City Council to Adopt Resolution\nNo. 8039 Declaring the Results of the Property Owner Protest Ballot\nProceedings Conducted for the Proposed Levy of Assessments Related to\nthe Annexation of Territory to the Rialto Landscaping and Lighting\nMaintenance District No. 2, Commencing in Fiscal Year 2022/2023; and\n(3) Request City Council to Adopt Resolution No. 8040 Confirming the\nEngineer’s Report Regarding the Annexation of Territory to the Rialto\nLandscaping and Lighting Maintenance District No. 2, the Levy of Annual\nAssessments Described Therein, and the Assessment Diagram\nConnected Therewith, and Ordering the Levy and Collection of\nAssessments Commencing in Fiscal Year 2022/2023 for said Annexation.\nPOWERPOINT\n(ACTION)

TAB3 23-072 Request City Council to Conduct a Public Hearing to Extend Interim\nUrgency Ordinance No. 1674 from December 13, 2022, to\nDecember 9, 2024 by adopting Interim Ordinance No. 1678 entitled\n“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF RIALTO, CALIFORNIA, PROHIBITING THE ESTABLISHMENT\nAND/OR EXPANSION OF OUTDOOR STORAGE USES FOR TRAILERS\nAND/OR TRUCK YARD USES IN THE CITY OF RIALTO EXCEPT AS\nOTHERWISE PROVIDED BY LAW” Reading by Title Only and Declaring\nthe Urgency Thereof.\n(ACTION) 4/5th Vote Required

TAB4 23-068 Request City Council to Conduct a Public Hearing, Consider, and Adopt\nan Interim Urgency Ordinance No. 1677 entitled “AN INTERIM\nURGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nRIALTO, CALIFORNIA, DESIGNATING TRUCK ROUTES WITHIN THE\nCITY OF RIALTO AND ESTABLISHING A MORATORIUM TO PROHIBIT\nTRUCK TRAFFIC ON ALL OTHER STREETS WITHIN THE CITY OF\nRIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by\nTitle Only and Declaring the Urgency Thereof.\nPOWERPOINT\n(ACTION)\nTAB NEW BUSINESS\nTAB5 23-099 Request City Council to consider a Procedure of selecting a\nMayor Pro Tem.\n(ACTION)\nTAB6 23-025 Request City Council to Concur with the Appointment of a Mayor Pro Tem.\n(ACTION)\nTAB7 23-103 Request City Council to consider a procedure for selection of members of\nCity Council to a Committee Assignment.\n(ACTION)\nTAB8 23-091 Request City Council to Select and Confirm the Mayor’s Appointments of\nCouncil Members to Internal and External Committees.\n(ACTION)\nTAB9 23-011 Request City Council to: (1) Delegate Additional Authority for Change\nOrders in the Cumulative Amount of $850,000 to Calmex Engineering Inc.,\na California Corporation for the Street Overlay & Reconstruction Project,\nCity Project No. 180807; (2) Appropriate an additional $550,000 for\nadditional Rialto Police Patrol; (3) Approve the Second Amendment to the\nProfessional Services Agreement with Southstar Engineering and\nConsulting, Inc. in the amount of $297,860 for Construction Management\nServices; (4) Adopt Resolution No. 8041 Amending the 2022-2023\nFiscal Budget Appropriating an additional $500,000 to the Project Budget;\nand (5) Authorize the City Manager to Execute all Related Documents.\n(ACTION)\nTAB10 23-067 Request City Council to: (1) Adopt Resolution No. 8042 Amending the\n2022-2023 Fiscal Budget and Appropriating $3.2 Million from the RSP/EIR\nFair Share Agreement Fund 301 for the “SR-210/Alder Avenue\nInterchange Improvement Project, City Project No. 200808”; (2) Award a\nConstruction Contract to Ortiz Enterprises, Inc. in the Amount of\n$5,767,076.25; and (3) Authorize the City Manager to Execute all\nDocuments.\n(ACTION)\nTAB11 23-090 Request City Council to (1) Authorize a Contract in the Amount of\n$217,870.28 for an Enterprise Backup Solution to Nth Generation\nComputing, Inc., a California Corporation, for a Rubrik Backup appliance\nand Data Archive Cloud Services, (2) Authorize the City Manager or\nDesignee to Execute All Documents.\n(ACTION)\nREPORTS\nMAYOR:\nCOUNCIL MEMBERS:\nCITY ATTORNEY:\nCITY MANAGER: