Rialto — 2023-07-25

1 23-677 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED\nLITIGATION\nSignificant exposure to litigation Pursuant to Government Code section\n54956.9(d)(2)\nNumber of matters: Seven (7).\n· Workers Compensation Claim - James Bender\n· Workers Compensation Claim - Jose Munoz\n· Workers Compensation Claim - Eric Bluff-Hop\n· Industrial Disability Retirement - Donna Crow\n· Potential Litigation Item - Cactus Basin\n· Claim - Deborah Robertson\n· Initiative Measure

2 23-678 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nPursuant to Government Code section 54956.9(d)(1)\nTwo (2) matters:\n(1) Brandyberry_v. City of Rialto et al.,\nSBSC Case No. CIV SB 2209443\n(2) Angulo v. City of Rialto et al.,\nSBSC Case No. CIV SB 2218619

3 23-679 CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nPursuant to Government Code section 54956.8\nProperty: APN: 0264-211-15 & 17; and 0264-211-44, 45, 46, & 54\nAgency Negotiator: Acting City Manager Arron Brown; Assistant City\nAttorney Robert Messinger\nNegotiating Parties: City of Rialto, City of Rialto as Successor Agency; TE\nNewland Investment LLC.\nUnder Negotiation: Price and Terms Sale

4 23-680 CONFERENCE WITH LABOR NEGOTIATOR\nPursuant to Government Code section 54957.6\nLabor Negotiator: Arron Brown and Al Ford\nEmployee Organizations:\n· Executive Management Team\n· Management Unrepresented Employees\n· Rialto City Employee’s Association (RCEA)\n· Rialto Mid-Management & Confidential Employee’s Association\n(RMMA)\n· Rialto Fire Management Association (RFMA)\n· Rialto Police Benefit Association - Management\n· Rialto Police Benefit Association - General\n· Rialto Professional Firefighters of California - Local 3688\n· Unrepresented Employees

5 23-681 PUBLIC EMPLOYEE PERFORMANCE EVALUATION\nPursuant to Government Code section 54957\nTitle: City Attorney\n6:30 p.m.\nCalled to Order By:

B.1 23-672 Warrant Resolution No.49

B.2 23-673 Warrant Resolution No. 49a

B.3 23-674 Warrant Resolution No.50

C.1 23-644 Regular City Council Meeting - June 27, 2023

D.1 23-620 Maria Benitez (Guardian)

D.2 23-662 Jocelyn Navarette - Vehicle Damage

D.3 23-663 Clifford Moss Jr. - Vehicle Damage

D.4 23-664 Lidia Herrera - Vehicle Damage

D.5 23-665 Mercury Insurance (Omar Alanis) - Vehicle Damage

E.1 23-656 Request City Council to Set a Public Hearing for August 8, 2023 to\nconsider (1) Specific Plan Amendment No. 2022-0001, a request to\nchange the land use designation on a 1.67-acre parcel of land (APN:\n0130-013-02) located on the east side of Cactus Avenue approximately\n360 feet south of Foothill Boulevard from Commercial - Mixed Use (C-MU)\nto Residential - High Density (R-HD), (2) Precise Plan of Design No.\n2022-0025, a request to allow the development of a 21-unit apartment\ncomplex with 5 Accessory Dwelling Units consisting of eight (8) two-story\nbuildings and associated paving, landscaping, lighting and drainage\nimprovements, and (3) an Addendum to the Foothill Boulevard Specific\nPlan Mitigated Negative Declaration (Environmental Assessment\nReview No. 2022-0037) prepared for the project, in accordance with the\nCalifornia Environmental Quality Act (CEQA).

E.2 23-647 Request City Council to Set a Public Hearing for August 22, 2023, to\nConsider the Placement of Liens for Delinquent Refuse Collection\nAccounts for the 1st Quarter of the 2023 Calendar Year.

E.3 23-669 Request City Council to Set a Public Hearing for August 22, 2023 to\nconsider (1) Tentative Parcel Map No. 2020-0001 (TPM 20195), a\nrequest to subdivide a 31.61 gross acre parcel of land into two (2) new\nparcels of land, (2) Conditional Development Permit No. 2020-0002, a\nrequest to allow the development and use of two (2) new industrial\nwarehouse buildings, (3) Precise Plan of Design No. 2020-0012, a\nrequest for site and architectural review of a proposal consisting of one (1)\n430,581 square foot industrial warehouse building and one (1) 249,026\nsquare foot industrial warehouse building on 31.61 gross acres of land,\nand (4) an Environmental Impact Report (Environmental Assessment\nReview No. 2020-0003) prepared for the project, in accordance with the\nCalifornia Environmental Quality Act (CEQA). The project site is located\non the north side of Baseline Road approximately 350 feet east of\nFitzgerald Avenue.

F.1 23-639 Request City Council to (1) Approve the Purchase of Upgraded Digital\nAnalysis Hardware and an Annual Software Subscription in the Amount of\n$128,836.18 with Cellebrite, Inc.; and (2) Authorize the Acting City\nManager or his Designee to Execute all Documents.

F.2 23-648 Request City Council Receive and File the 2022 Consumer Confidence\nDrinking Water Report.\n(RECEIVE AND FILE)

F.3 23-661 Request City Council to Approve Renewal of Professional Consulting\nAgreement for Federal Legislative Advocacy Services with David Turch\nand Associates in the Amount Not to Exceed $78,000 per year ($156,000)\nfor a Two-Year Term Commencing on August 1, 2023.

F.4 23-668 Request City Council to (1) accept a donation valued at $43,893 from\nCanvus for Park Furniture made from retired Materials at no cost to the\ncity; (2) Approve the Acting City Manager to execute all necessary\ndocuments to accept the donation.

F.5 23-667 Request City Council to: (1) Approve a grant application for Window 1\nMobility Project Voucher (MPV) under the Clean Mobility Options (CMO)\nProgram; (2) Authorize the Acting City Manager to sign all necessary\ndocuments to complete the grant submission

F.6 23-671 Request City Council to Adopt Resolution No. 8111 Setting the Fiscal\nYear 2023/2024 Tax Rate for PERS Retirement Cost at $0 (zero).\nTAB PUBLIC HEARING

1 23-676 In Memoriam for Genetha Thompson

2 23-643 Congressional Recognition Detective Watson received from\nCongressman Pete Aguilar - Presented by Curt Lewis

3 23-642 Proclamation - Never Give Up Day

4 23-641 Proclamation - US Conference of Mayors Playball Program

TAB1 23-645 Request City Council to: (1) Conduct a Public Hearing to Consider the\nPlacement of Solid Waste Handling Service Charges on the Property Tax\nRoll; and (2) Adopt Resolution No. 8112 Authorizing the Placement of\nSolid Waste Handling Service Charges and Fees on the Property Tax Roll.\n(ACTION)

TAB10 23-670 Request City Council to Adopt the Following Resolutions Setting the Fiscal\nYear 2023-24 Special Tax Levies for Community Facilities Districts\n2006-1, 2016-1, 87-1, 87-2, 2019-2, and 2020-1:\n(1) Resolution No. 8119 of The City Council of the City of Rialto, State of\nCalifornia, Community Facilities District 2006-1 (ELM PARK) Establishing\nAnnual Special Tax for Fiscal Year 2023-24.\n(2) Resolution No. 8120 of The City Council of the City of Rialto, State of\nCalifornia, Community Facilities District 2016-1 (PUBLIC SERVICES)\nEstablishing Annual Special Tax for Fiscal Year 2023-24.\n(3) Resolution No. 8121 of The City Council of the City of Rialto, State of\nCalifornia, Community Facilities District 87-1 (LAS COLINAS)\nEstablishing Annual Special Tax for Fiscal Year 2023-24.\n(4) Resolution No. 8122 of The City Council of the City of Rialto, State of\nCalifornia, Community Facilities District 87-2 (LAS COLINAS)\nEstablishing Annual Special Tax for Fiscal Year 2023-24.\n(5) Resolution No. 8123 of The City Council of the City of Rialto, State of\nCalifornia, Community Facilities District 2019-2 (FOOTHILL/SPRUCE)\nEstablishing Annual Special Tax for Fiscal Year 2023-24.\n(6) Resolution No. 8124 of The City Council of the City of Rialto, State of\nCalifornia, Community Facilities District 2020-1 (EL RANCHO VERDE)\nEstablishing Annual Special Tax for Fiscal Year 2023-24.\n(ACTION)

TAB11 23-601 Request City Council to: (1) Approve a Professional Services Agreement\nwith David Taussig Associates Inc. (DTA) for consulting services for a\ncomprehensive citywide Development Impact Fee Study, User Fee Study\nand Nexus Study Services; and (2) Authorize the Acting City Manager to\nExecute All Documents.\n(ACTION)

TAB12 23-462 Request City Council to approve the Permitting Services One Stop project\nin concept and authorize staff to initiate conceptual architectural, space\nprogramming and floor plan design with BOA Architecture in the amount of\n$18,300.\n(ACTION)

TAB13 23-683 City Council to discuss and consider placing a council ballot initiative on\nthe March 5, 2024 Special Election for registered voters of the City of\nRialto to affirm Resolution No. 8098, adopted on June 13, 2023, that\namended the Pepper Avenue Specific Plan.\n(ACTION)

TAB2 23-640 Request City Council to: (1) Conduct a Public Hearing and Take Public\nComment, and (2) Adopt Resolution No. 8113, Authorizing The\nAnnexation Of Territory To Community Facilities District No. 2016-1\n(Public Services) (Annexation No. 7) And Authorizing The Levy Of A\nSpecial Tax And Submitting The Levy Of Tax To The Qualified Electors; (3)\nAdopt Resolution No. 8114, Calling A Special Election And Submitting\nTo The Voters Of Annexation No. 7 Of City Of Rialto Community Facilities\nDistrict No. 2016-1 (Public Services) Propositions Regarding The Annual\nLevy Of Special Taxes Within Annexation No. 7 To Finance Public\nServices, And The Establishment Of An Appropriations Limit; (4) Hold A\nSpecial Election by Opening Ballots; (5) Following The Election Adopt\nResolution No. 8115 Making Certain Findings, Certifying The Results Of\nThe Election And Adding Property To Community Facilities District No.\n2016-1 (Public Services) (Annexation No. 7).\n(ACTION)

TAB3 23-646 Request City Council to Conduct a Public Hearing to Adopt Resolution\nNo. 8116 (Attachment A) Ratifying Adoption of the City of Rialto\n2021-2029 (Sixth Cycle) General Plan Housing Element Update (General\nPlan Amendment No. 2021-0002).\n(ACTION)

TAB4 23-660 Request City Council to Conduct a Public Hearing to Consider and Adopt\nthe Residential Overlay Program Pursuant to the 2021-2029 (Sixth Cycle)\nGeneral Plan Housing Element Comprised of the following:\n1. To adopt Resolution No. 8043 (Attachment B) approving an\nAddendum to the previously adopted Mitigated Negative\nDeclaration for the 2021-2029 (6th Cycle) General Plan Housing\nElement Update (Environmental Assessment Review No. 2022-\n0083) for the proposed project.\n2. To introduce for the First Reading, Ordinance No.1681\n(Attachment C) that would approve Zoning Code Amendment No.\n2022-0004 to amend the Rialto Municipal Code by adding Chapter\n18.116 (Residential Overlay), modifying Section 18.22.020\n(Permitted Uses), and adding Section 18.56.090 (Affordable\nHousing Projects).\n3. To adopt Resolution No. 8045 (Attachment D) approving Specific\nPlan Amendment No. 2022-0007 to establish a residential overlay\nin the Central Area Specific Plan and to adopt the attached\nResolution No. 8046 (Attachment E) approving Specific Plan\nAmendment No. 2022-0008 to establish a residential overlay in the\nGateway Specific Plan.\n4. To introduce for the First Reading, Ordinance No.1682\n(Attachment F) that would approve Zoning Code Amendment No.\n2022-0004 to amend Section 18.116.020 (Application) of Title 18\n(Zoning) of the Rialto Municipal Code to add a zoning map for Area\nD (Properties Located Near North Riverside Avenue and Easton\nStreet)\n5. To introduce for the First Reading, Ordinance No.1683\n(Attachment G) that would approve Zoning Code Amendment No.\n2022-0004 to amend Section 18.116.020 (Application) of Title 18\n(Zoning) of the Rialto Municipal Code to add a zoning map for Area\nE (Properties Located in the Foothill Boulevard Specific Plan) and\nto adopt the attached Resolution No. 8044 (Attachment H)\napproving Specific Plan Amendment No. 2022-0006 to establish a\nresidential overlay in the Foothill Boulevard Specific Plan.\n(ACTION)\nTAB NEW BUSINESS

TAB5 23-666 Recommend the City Council to Adopt Resolution No. 8117, A\nResolution of the City Council of the City of Rialto, California, Appointing\nHenry Garcia as Interim City Manager and Approve Corresponding\nEmployment Agreement.\n(ACTION)

TAB6 23-521 Request City Council to: (1) Approve a one-year Agreement for\nProfessional Services with Social Work Action Group; (2) Approve a\nPurchase Order for $708,712 for Fiscal Year 2023/2024; (3) Authorize the\nActing City Manager, or his Designee, to Execute All Documents.\n(ACTION)

TAB7 23-637 Request City Council to: (1) Delegate Additional Authority for Change\nOrders in the Cumulative Amount of $500,000 to Calmex Engineering Inc.,\na California Corporation for the Street Overlay & Reconstruction Project\nRiverside Avenue from I-10 to the Southern City Boundary, City Project No.\n180807; and (2) Authorize the Acting City Manager to Execute all Related\nDocuments.\n(ACTION)

TAB8 23-636 Request City Council to 1) Award a Construction Contract to Baker Electric\nInc. in the Amount of $609,162 for the Willow Avenue and San Bernardino\nAvenue Traffic Signal and Lighting Improvements Project, City Project No.\n230805; and 2) Authorize the Acting City Manager to Execute all Related\nDocuments.\n(ACTION)

TAB9 23-336 Request City Council to: (1) Adopt Budget Resolution No. 8118\nAmending the 2023-2024 Fiscal Year Budget to Accept Additional HSIP\nGrant funds in the Amount of $577,710 and Appropriate $265,028 from the\nLocal Measure I Fund; (2) Award a Construction Contract to I E General\nEngineering Inc., a California Corporation in the amount of $1,391,338.00\nfor the Base Bid Schedule for the Baseline Road Median Project, City\nProject No. 170812, Federal Project No. HSIP 5205-027; (3) Award\nProfessional Services Agreement to Transtech Engineers, Inc. in the\namount of $136,200 for Construction Management, Inspection and\nMaterials Testing Services for the Baseline Road Median Project, City\nProject No. 170812; Federal Project No. HSIP 5205-027; (4) Delegate\nAuthority to the City Manager to Approve Contract Change Orders in the\nCumulative Amount of $200,000; and (4) Authorize the Acting City\nManager to Execute all Related Documents.\n(ACTION)