Minutes — Rialto City Council, April 12, 2022

REGULAR MEETING
of the

CITY OF RIALTO

CITY COUNCIL
City of Rialto, acting as Successor Agency to the
Redevelopment Agency

MINUTES
April 12, 2022

A regular meeting of the City Council of the City of Rialto was held in the City Council Chambers located at 150 South Palm Avenue, Rialto, California 92376 on Tuesday, April 12, 2022
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This meeting was called by the presiding officer of the Rialto City Council in accordance with the provisions of Government Code §54956 of the State of California.
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CALL TO ORDER Mayor Deborah Robertson called the meeting to order at 5:02 p.m. 0o0
The roll was called, and the following were present: Mayor Debor ah Robertson, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, and Council Member Karla Perez . Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.

Council Member Rafael Trujillo was absent.

City Treasurer Edward Carrillo was absent.
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1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 3.058 acres north of State Route 210, south of Casmalia and east of Sierra Avenue
Agency Negotiator:

City Manager Marcus Fuller; City Attorney Eric Vail
Negotiating Parties:

City of Rialto; California Department of Transportation Under Negotiation: Price and Terms Sale

2. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Three (3)

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Title: City Manager
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Motion by Council Member Perez , second by Council Member Carrizales and carried by a 4-0 vote to go into Closed Session at 5:04 p.m.

Council Member Trujillo was absent.
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Council Member Trujillo arrived at 5:10 p.m.
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The City Council returned from Closed Session at 6:40 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:48 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Robertson, Mayor Pro Tem Ed Scott, Council Member Rafael Trujillo, Council Member Andy Carrizales and Council Member Karla Perez. Also present were City Manager Marcus Fuller, City Attorney Eric Vail, City Treasurer Edward Carrillo and City Clerk Barbara McGee. 0o0
Pledge of Allegiance and
Invocation
Council Member Trujillo led the pledge of allegiance.
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Pastor Sonny Phillips – St. Paul Family Ministries gave the Invocation.

1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 3.058 acres north of State Route 210, south of Casmalia and east of Sierra Avenue
Agency Negotiator:

City Manager Marcus Fuller; City Attorney Eric Vail
Negotiating Parties:

City of Rialto; California Department of Transportation Under Negotiation: Price and Terms Sale
The City Council was briefed. There was no reportable action.

2. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Three (3)
The City Council was briefed. There was no reportable action.

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford
Employee Organizations:
• Executive Management Team
• Management Unrepresented Employee
• Rialto City Employee’s Association (RCEA)
• Rialto Mid-Management & Confidential Employee’s
Association (RMMA)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association – Management
• Rialto Police Benefit Association – General
• Rialto Professional Firefighters of California –
Local 3688
• Unrepresented Employees
The City Council was briefed. There was no reportable action.

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Title: City Manager
Item not discussed. Item will be discussed at the April 26, 2022, City Council meeting.

PRESENTATION AND

PROCLAMATIONS

1. Proclamation - DMV/Donate Life Month

2. Proclamation- National Public Safety Telecommunicators Week

3. Proclamation- National 9-1-1 Education Month

4. Proclamation - Earth Day April 22, 202
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ORAL COMMUNICATIONS

Brenda Parker, Resident, expressed opposition to the warehouse project development.
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Jason Blackwell expressed opposition to the warehouse project development, global warming, and crime.
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Linda Chapman expressed opposition to the warehouse project development.
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Holly Ba ker expressed opposition to the warehouse project development.
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Sabino Lopez expressed opposition to the warehouse project development.
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Efrain Valenzuela expressed opposition to the warehouse project development.
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Ana Gonzalez expressed opposition to the warehouse project development.
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Joaquin Castillo, community organizer, expressed his opposition to the warehouse project development and suggests more green areas. 0o0
Marven Norman, Policy Specialist, Center of Community Action and Environmental Justice, is in solidarity with the community in opposition with warehouse project developments and hopes the City Council honors the community wishes.
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She also requested that Item E.3 – Treasurer’s Monthly Report for February 2022 be included in future audits.
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Public Comment Lupe Camacho spoke on E.2 and recommends a limit be placed on purchase orders and sent to higher level management before approved for services and establish a detail accounting of Professional Service Agreements, so everything is clear and concise.

She inquired on E.6 and asked which City department will be processing disbursements to Rialto Unified School District.
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Mayor Robertson also expressed her concerns and stated she would like to see the diversity in selection rather than internal staff. She commented external staff gives an added perspective. She requested the rating sheets related to E.4.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 36 (03/24/2022)
B.2 Warrant Resolution No. 37 (03/30/2022)
B.3 Warrant Resolution No. 38 (04/07/2022)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – March 22, 2022

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E. MISCELLANEOUS
E.1 Request City Council to: (1 ) Adopt Resolution No. 7854 Accepting the San Bernardino County Transportation Authority
Transportation Development Act Article 3 Grant Funding in the Amount of $71,497 from the Transit Stop Access Program for the Rialto Bus Stop Improvements Project, City Project No. 220803.

E.2 Request City Council to: (1) Approve a Professional Services Agreement with M. Arthur Gensler & Associates, Inc., a California corporation; (2) Approve a Professional Services Agreement with PBK Architects, Inc., a California corporation; (3) Approve a Professional Services Agreement with STK Architecture, Inc, a California corporation; (4) Approve a Professional Services Agreement with TAIT & Associates, Inc., a California corporation for On-Call Professional Architectural Services, and (5) Authorize the City Manager to Execute All Documents.

E.3 Request City Council to Receive and File Treasurer’s M onthly Reports for the month end of February 2022.

E. 4 Request City Council to: (1) Approve a Professional Services Agreement with Fountainhead Consulting Corporation, a California corporation; (2) Approve a Professional Services Agreement with Onward Engineering, a California corporation; (3) Approve a Professional Services Agreement with Prescience Corporation, a California corporation for On -Call Professional Construction Management, Inspection, and Materials Testing Services, and (4) Authorize the City Manager to Execute All Documents.

E.5 Request City Council to Extend the Rialto Construction Amnesty Program for Unpermitted Construction Until September 30, 2022.

E.6 Request that the City Council: (1 ) Approve an Agreement for Fiscal Agent Services with the Rialto Unified School District related to the State Allocation of $1,000,000 toward development of the International Healing Outdoor Facility; and (2) Authorize the City Manager to Execute All Documents.

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Mayor Robertson abstained from Warrant Resolution No. 36 (03/24/2022) Voucher No. 222677 made out to the National Council of Negro Women for $2,239.51 $3,355.54.

Item E. 2 will be tabled for a future City Council meeting.

Item E.3 – Treasurer’s Monthly Report for February 2022 will be included in future audits.
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PUBLIC HEARING
TAB 1
2022 Weed Abatement Program
Brian Park, Acting Fire Chie f, presented staff report to Request City Council to Conduct a Public Hearing on the 2022 Weed Abatement Program and Consider any Objections to Imposing any Abatement Cost Therefore as a Lien Against Parcels that are not in Compliance with the Ordinance.
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Mayor Robertson asked if anyone wished to come forward to speak. 0o0
Motion by Council Member Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to Close the Public Hearing. 0o0
Mayor Pro Tem Scott asked if there has been an increase in properties that had to be abated versus previous years.
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Acting Fire Chief Park stated City staff is still coordinating with Code Compliance, Facilities and the Police Department to determine how many properties need abatement.
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TAB 1
2022 Weed Abatement Program
Mayor Pro Tem Scott asked if there was an increase in properties that need abatement. He believed the City currently looks terrible. There are businesses and the City as well is not doing their job. Businesses are not taking care of their property. He would like to see an assessment when the report comes in.

Mayor Pro Tem Scott requested a proposal on how to address the matter so property owners start complying with requirements to cleaning their properties.
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Brian Park, Acting Fire Chief, stated he will provide the report. 0o0
Council Member Trujillo also wanted to address the weed s at the City lines and government facilities are taken care of too.

She clarified the number of empty parcels and wants to know when will abatement three times a year begin.
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Acting Fire Chief Park stated he will coordinate with the City Attorney on municipal code changes. There has been a more collaborative effort to address these matters.
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Mayor Robertson emphasized she would like to see more improvement on behalf of the City. She asked how long would it take to make changes in the municipal code.
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City Attorney Vail stated State law only allows liens on property twice a year with regard to weed abatement. Draft changes do not take long.

He will confirm on the number of limitations; and if it can be changed, he will have it amended by May 2022.
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Mayor Robertson asked how much was collected with the 57 parcels abated.
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Acting Fire Chief Park stated $18,000 last fall and expect similar results for this season to be under the cap again.
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Motion by Council Member Trujillo second by Council Member Perez and carried by a 5 -0 vote to continue the 2022 Weed Abatement Program and Consider any Objections to Imposing any Abatement Cost Therefore as a Lien Against Parcels that are not in Compliance with the Ordinance.
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Council Member Carrizales recused himself from TAB 2 due to a conflict of interest with his business at the Renaissance Marketplace.

Council Member Carrizales left the dais at 7:56 p.m.
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DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 9 TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Paul Gonzales, Community Development Manager, presented staff report to Request City Council to Conduct a Public Hearing for the Appeal of the Planning Commission’s Decision on January 26, 2022, Approving Conditional Development Permit (CDP) No. 2021-0002 and Precise Plan of Design (PPD) No. 2021-0002, for the development and operation of a 2,400 square foot fast -food drive-thru restaurant on an approximately 0.64 acres of land (APN: 1133 -591-07). The site is located on the Southeast corner of Cas malia Street and Ayala Drive within the Freeway Incubator (FI) Land Use District of the Renaissance Specific Plan and is Categorically Exempt pursuant to Section 15303 Class 3 (New construction or conversion of small Structures) of the California Environmental Quality Act Guidelines and to Consider Resolution No.7844 denying appellant’s appeal.
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Mayor Robertson asked if there is anyone who wished to speak on this Item.
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Public Comment Lupe Camacho expressed her concerns and the concerns of the of residents in the surrounding area of traffic impacts that this project would create and recommends not moving forward with this project until the City is in compliance with traffic impact analysis guidelines. 0o0
Bilal Milbes, resident and plot owner , expressed his desired plans for the proposed site . He expressed his concerns with the development and believed that the current traffic study is not reliable and further expressed his concerns with street and light improve ments needed at Casmalia and Ayala Street or it may impact his ability to develop the land. The y are currently working on a development proposal to submit to the City.
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Shareef Awad, property owner , expressed his concerns with the proposed projects with size, stacking vehicles, space for delivery truck, and SICA guidelines.
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TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Public Comment

Carmelo Ruffo , homeowner, expressed his concerns with the traffic impact on Casmalia and Ayala considering the size of the lot. 0o0
Jack W ang, resident, emphasized his concerns at the corner of Casmalia and Ayala especially since there is no sidewalk. He believes the development will bring civil litigation due to accidents and a burden to the Police Department. The area is already congested , and it will only get worse. He is not opposed to development, but safety has to be at the top of the priority list.
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DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 10 TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Chris Rodriguez, resident, accounted on his personal experiences with street trash and traffic near Casmalia and Ayala after McDonald’s was established. He expressed his concerns with this project development. 0o0
Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5-0 vote to Close the Public Hearing.
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Community Development Manager Gonzalez commented on the offsite improvements that will be added to the projects such as sidewalks and parkways. The location of the drive-thru is as far east as possible which will allow traffic away from Ayala and Casmalia. There is a minimum of a 10-car stacking distance onsite. There is no standard for stacking .

Seven cars is typical for stacking and there will be more opportunity for more cars.
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David Hammer, City Engineer, addressed Public Speaker comments related to traffic impact analysis and development impact fee program. 0o0
City Manager Fuller stated the Renaissance Specific Plan already did a thorough traffic impact analysis report part of the environmental impact report approved by the City Council that established all the mitigation measures for traffic which is consistent with the zoning and prior analysis adopted by the City.
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Mayor Pro Tem Scott commented on fees. He stated Rialto needs to establish their own fees versus neighboring cities. Rialto needs to be competitive. It is based on socio -economic formulas and sometimes need to be competitive with fees.

He asked about how the number of trips was generated and the basis for it.
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City Engineer Hammer explained how the trip generations were derived from a common manual to estimate the number of trips. There are a lot of variables involved.
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Mayor Pro Tem Scott asked about a specific variable between Del Taco and Starbucks and which fast -food restaurant would generate more traffic.
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City Engineer Hammer stated he would suspect Sta rbucks would generate more traffic.
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DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 11 TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Mayor Pro Tem Scott asked if this formula would comply with the Starbucks.
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City Engineer Hammer stated it is on the average to not hit the peak with these facilities.

This was used for determining whether to do a traffic impact analysis. 0o0
Mayor Pro Tem Scott asked if the site plan design included sidewalks. 0o0
City Engineer Hammer stated yes.
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Mayor Pro Tem Scott asked if there will be a widening of Casmalia Avenue. What does the widening change the street?
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City Engineer Hammer stated the widening will occur on the frontage of the property. It will be consistent with other development east of this site. The project will abide by the Renaissance Specific Plan requirement.
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Mayor Pro Tem Scott asked if that is allowed by two lanes. 0o0
City Engineer Hammer stated he does not believe it will. The Northside that would require future widening.
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Mayor Pro Tem Scott asked how the Northside of the street would anticipate be widened if it is residential.
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City Engineer Hammer stated it would not happen immediately, but it is being abided by the Specific Plan.
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Mayor Pro Tem Scott asked if it was all based on the Specific Plan. 0o0
City Engineer Hammer stated correct. The Plan also requires a raised median, but not likely built due to the additional spacing. 0o0

He also stated Mr. Awad proposes a commercial entity next door. Does staff know what the proposal is of that commercial property? 0o0
Mr. Awad stated the zone was freeway from Day 1. I used to own all the properties from Ayala to Spruce. We changed the zone from 75 to 80 percent of projects to residential to match the neighborhood. A corner space was left to serve for commercial purposes. 0o0
Mayor Pro Tem Scott asked what he is proposing to build. 0o0
Mr. Awad stated a gas station.
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Mayor Pro Tem Scott stated the gas station would generate more traffic than a fast-food restaurant.
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Mr. Awad stated a traffic study will be conducted as well as widening of the street.

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Mayor Pro Tem Scott stated he only wants to discuss what is being proposed for the commercial property next door, a gas station? Thank you, that answers my question. He expressed his concerns and asked why that was not pulled back during the development. He asked if there was a way to widen the road into two lanes.
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Community Development Manager Gonzales stated the parcel that is sticking out. Whenever the property was developed, it is required to dedicate that property.
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Mayor Pro Tem Scott emphasized there is a house and they are not going to develop that land.
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Community Development Manager Paul Gonzales stated it is possible to negotiate with the property owner to take a portion along the frontage to complete the street.
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Mayor Pro Tem Scott asked why it was never done.

He asked City Attorney Vail if there was a justification to deny this project based on what was presented tonight.
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City Attorney Vail stated we can as k Assistant City Attorney Robert Messinger. The reason the Resolution of approval went back to the Planning Commission was because my office and the Planning Department had reviewed and it had met all the standards for the Renaissance Specific Plan which had been adopted by the City Council.

When the Planning Commission makes its decision, it considers the views of the public, but it has to make a decision consistent with policy and zoning documents that the City Council previously approved. This project met all the thresholds.
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Mayor Pro Tem Scott asked if that was explained to the Planning Commission.
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City Attorney Vail stated the City Council may want to consider the appeal itself. The appeal is not filed by community members. The appeal is by Mr. Awad. Mr. Awad does not bring up traffic or any other error or abusive discretion of the Planning Commi ssion. His sole contention is Notice, whether appropriate Notice was given. 0o0
Mayor Pro Tem Scott asked if appropriate Notice given.
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City Attorney Vail stated absolutely. Mr. Messinger will address that also.
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Mayor Robertson brought about the other concern about lighting and signal for this project will be set back. And there are improvements on the sidewalk on the curb area. There would be a need to move part of that traffic light.
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DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 14 TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Mayor Pro Tem Scott stated the current site plan shows the new improvements but not the existing, so it is difficult to tell what is being set back and what is not being set back.
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Robert Messinger, Assistant City Attorney, with Burke, Williams and Sorenson stated City staff prepared resolutions of approval. The project met all of the thresholds and standards. They were presented at the Planning Commission in January 12, 2022. The Planning Commission made a motion and voted 4-0 to deny the project.

At the time, it was requested that the Planning Commission with findings of denial and the Chairman granted that. The meeting on January 12, 2022 was Noticed as a Public Hearing. The Public had an opportunity to speak, and the Applicant. The Public Hearing was closed.

The subsequent meeting at which it was to be brought back, did not require Public Hearing Notice. It only required Brown Act Notice, 72 hours prior to the meeting, which occurred.

At the meeting, rather than adopt a resolution denying the project, one of the Planning Commissions made a motion to reconsider and subsequently voted 4-0 to approve the project.
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Mayor Pro Tem Scott asked what was the reason for denying it in the very beginning.
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Assistant City Attorney Messinger stated the concerns were related to traffic.
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Mayor Pro Tem Scott asked if that is a justifiable reason to deny the project.
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Assistant City Attorney Messinger stated Planning Commissions have wide discretion. That is the reason the resolution and a subsequent meeting was asked. In order to approve a project, you must tie the facts and evidence that’s been presented to your decision. That’s the findings that are made when you approve a project.

My concern was that there was inadequate evidence presented at that meeting for a denial. That was the reason behind my request. 0o0
Mayor Pro Tem Scott asked if this project was denied for traffic, would it be logical that the property to the west would also be denied for traffic especially if it had bigger traffic impacts than this property. 0o0
DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 15 TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Assistant City Attorney Messinger stated that would be a supposition. I would want to rely on the evidence that is presented in connection to that project.
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Mayor Pro Tem Scott asked Mr. Daniel Rosas, Planning Division, who was involved in the process of this Specific Plan for the Renaissance from residential to commercial.
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Mr. Rosas, Planning, stated he was part of City staff but not involved in the project.
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Mayor Pro Tem Scott asked if he is aware of any residents objected to rezoning of this property from residential to commercial. 0o0
Mr. Rosas, Planning, stated he would look further into it. 0o0
Mayor Pro Tem Scott stated he would like that information. 0o0
Council Member Perez expressed her concerns with the school around the corner and asked if it was taken into consideration. 0o0

City Engineer Hammer he stated it generated a small amount of traffic not requiring a traffic impact analysis. It did not meet the threshold to meet the study.
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Mayor Robertson asked Mr. Awad if he had the rights to this property and why had he not proceeded.
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Mr. Awad stated they had attempted to purchase the property several times and contacted the previous owner. The asking price was too high.

Now it is being sold for half of the originally asking price. The previous owner was given an offer, and it was not accepted.
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Mayor Robertson asked if the property on the corner was a residential house.
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Mr. Awad stated correct but from the beginning, it was a commercial zone.

You changed it and brought in residential. She expressed her concerns with the Planning Commission’s vote’s revision. They approved the project based on the fact that the project met all of its qualifications to proceed. Mr. Awad filed an appeal to that. But the first appeal wasn’t about Notice. I thought it was about something else.

Can you clarify that?
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City Attorney Vail stated he is only aware of this one appeal. 0o0

Mayor Robertson stated there was this one appeal. But then we had a confusion in our Noticing as sufficiently on when we were going to hear it.
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City Manager Fuller stated we had to continue it.
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City Attorney Vail stated we had to continue it because it was in between COVID meetings.
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Mayor Robertson stated this is going to be a commercial activity. This is not going to be a residential. Whatever Mr. Awad is planning, will be a spec building or gas station.

We are not here to referee the property rights of who owns the property.

We are here to determine if the project that has been submitted meets the requirements of what is of what the land use is zoned for. I am of the opinion we need to move on.
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There will be a space between the project site and the vacant parcel and the existing house.
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Mayor Pro Tem Scott asked if there will be parking along the southern side of Casmalia Street.
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Community Development Manager Gonzales stated correct. Parking will not be permitted on the street.
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Mayor Pro Tem Scott asked if there was no “left turn” off the project. 0o0

City Engineer Hammer stated there are no restrictions on the turning moments at the driveway. Outbound vehicles may be turning left to get to the freeway.
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Mayor Pro Tem Scott asked why does the plan reflect different. 0o0
City Engineer Hammer stated it ’s simply demonstrating there is room for those turning movements not that those are the only movements 0o0
Mayor Pro Tem Scott asked if there will be a median.
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City Engineer Hammer stated no.
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Mayor Pro Tem Scott asked so our decision tonight is strictly whether or not to approve or deny the appeal based on Notice.
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City Attorney Vail stated that is the subject of the Appeal. 0o0
DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 18 TAB 2
Public Hearing for the Appeal of the
Planning Commission Decision on
January 26, 2022
Mayor Pro Tem Scott emphasized that he does have issues with this but based on the motion that we are required to make which is strictly a motion on the Noticing of this to the Planning Commission, I would make a motion to deny the Appeal.
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Mayor Robertson stated she would second the motion.
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Motion by Mayor Pro Tem Scott, second by Mayor Robertson and carried by a 4-0 voted to Deny the Appeal of the Planning Commission’s Decision on January 26, 2022, Approving Conditional Development Permit (CDP) No. 2021 -0002 and Precise Plan of Design (PPD) No. 2021-0002, for the development and operation of a 2,400 square foot fast-food drive-thru restaurant on an approximately 0.64 acres of land (APN: 1133 -591-07). The site is located on the Southeast corner of Casmalia Street and Ayala Drive within the Freeway Incubator (FI) Land Use District of the Renaissance Specific Plan and is Categorically Exempt pursuant to Section 15303 Class 3 (New construction or conversion of small Structures) of the California Environmental Quality Act Guidelines and to Consider Resolution No.7844 denying appellant’s appeal.

The vote was: AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, Council Member Perez
NOES: None. ASTAIN: None. ABSENT: Council Member Carrizales Council Member recused himself from TAB 2 due to a conflict of interest with his business at the Renaissance Marketplace.
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Council Member Carrizales returned to the dais at 9:11 p.m. 0o0
TAB 3
Public Hearing for naming of the City
Building located at 205 North Riverside
Ave. and consider installation of a
commemorative plaque
Cynthia Alvarado -Crawford, Community Services Director presented staff report to Request City Council to conduct a Public Hearing to review the Recreation and Parks Commission recommendation for naming of the City Building located at 205 North Riverside Ave. and consider installation of a memorial plaque to recognize individuals as recommended by the Historical Society.
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Public Comment Written Comment submitted b y Lynn Hirtz, President of the Historical Society read by Director of Community Services Cynthia Alvarado - Crawford thanking for the City Council for remembering Jean Morgan Randall and offered suggestions for an alternative to the dedication plaque. They would like to offer a larger memorial plaque which names could be added to honor future honorees.
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DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 19 TAB 3
Public Hearing for naming of the City
Building located at 205 North Riverside
Ave. and consider installation of a
commemorative plaque
Richard Burnett, Historical Society member stated the Abacherli family has concurred with a joint plaque. He thanked the City Council for coming up with a plan for honoring these fine people.
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Mayor Pro Tem Scott believed it is a great way to honor these individuals. He is in total support.
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Council Member Carrizales agreed with Mayor Pro Tem Scott. He wants to move forward.
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Mayor Robertson commented that there is reference to a
commemorative plaque and a memorial plaque. A memorial plaque is usually after someone has passed. We need to be clear what are going to call it. Some people have not yet passed.
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Mayor Pro Tem Scott stated believed it should be called a commemorative plaque.
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Council Member Trujillo asked if the missing plaque will be reinstalled. 0o0
Community Services Director Alvarado-Crawford stated the commemorative plaque will take its place.
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Motion by Council Member Perez second by Council Member Trujillo and carried by a 5-0 to close the Public Hearing.

Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 5-0 vote for naming of the City Building located at 205 North Riverside Ave. and commemorative plaque to recognize individuals as recommended by the Historical Society. City staff will coordinate the installation of the commemorative plaque. 0o0

NEW BUSINESS
TAB 4
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Pandemic
Brian Park, Acting Fire Chief, presented staff report to Request City Council to: (1) Receive an Update on and Confirm the Continued Existence of the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) Provide any Further Direction in Relation thereto.
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Mayor Robertson asked about a chart to indicate positive rate among City employees.
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City Manager Fuller stated it is by separate email. There has not been any reports.
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Council Member Trujillo asked if residents are still applying for the CARE Program.
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City Clerk McGee stated the Avante Garde representatives are accepting applications at the Rialto Farmer’s Market. Residents are still submitting applications.
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Council Member Trujillo stated the State has renewed the moratorium.

Should people need assistance, it still available.
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Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 5-0 vote to Continued Existence of the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) Provide any Further Direction in Relation thereto. 0o0
TAB 5
Request for Bids for Landscape
Maintenance Services

Tim Sullivan, Director of Maintenance & Facilities presented staff report to Request City Council to Authorize Issuance of a Request for Bids for Landscape Maintenance Services for Landscape Maintenance District Areas, City Parks, and City Facilities.
0o0
Mayor Robertson clarified landscape is for Second Street Church. She does not believe the landscape includes the Rialto Chamber of Commerce. If it states that, we may have to be changed. 0o0
Mayor Pro Tem Scott commented that his preference is to be taken out for bid. As part of the bid process, include criteria as to what is expected the City to look like and be kept like and the penalties for not following through. I am not satisfied with how our City looks.
0o0
Council Member Trujillo aske d if drought -tolerate landscaping can be included in the services to determine if it would be more cost-effective. 0o0
Council Member Carrizales asked about an informational sheet. 0o0
DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 21 TAB 5
Request for Bids for Landscape
Maintenance Services

Director of Maintenance & Facilities Sullivan stated it is included in the staff report.
0o0
Mayor Robertson mentioned water conservation efforts and emphasized that she would like to see water bills with water reduction.

She is requesting water, energy and carbon footprint credit reports. 0o0
Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5-0 vote for Bids for Landscape Maintenance Services for Landscape Maintenance District Areas, City Parks, and City Facilities. 0o0
Mayor Robertson left the dais at 9:33 p.m.
0o0
TAB 6
Approve Agreement Pothole Repair and
Asphalt Maintenance Services with Hardy
& Harper, Inc.

Tim Sullivan, Director of Maintenance & Facilities presented staff report to Request City Council to: (1) Approve an Agreement for Pothole Repair and Asphalt Maintenance Services with Hardy & Harper, Inc., a California corporation, in the amount not to exc eed of $1,000,000, and (2) Authorize the City Manager to Execute All Documents. 0o0
Public Comment

Lupe Camacho expressed her concerns regarding the City having only received one bid when there are so many out there. She asked how the potholes will be identified. She believes it is not the residents’ job to report potholes. It is the responsibility of the City to scope out the area for potholes. She hopes for a system of methodology to this matter. 0o0
Mayor Pro Tem Scott stated Hardy & Harper is well qualified. They have done work for the City in the past. He has no problem with them being the only bidder.

It is the responsibility of everyone in the city, resident and City staff alike to report potholes. We have a good system.
0o0
Council Member Trujillo requested more City staff surv eillance of City streets after rainstorms and immediately patch up potholes. 0o0
Director of Maintenance & Facilities Sullivan stated there is definitely more potholes and staff is aware.
0o0

Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 4-0 voted to (1) Approved an Agreement for Pothole Repair and Asphalt Maintenance Services with Hardy & Harper, Inc., a California corporation, in the amount not to exceed of $1,000,000, and (2) Authorize the City Manager to Execute All Documents.

Mayor Robertson was absent.
0o0
TAB 7
Award Contract Services Agreement with
St. Francis Electric for Traff ic Signal
Maintenance and Repair Services
Tim Sullivan, Director of Maintenance & Facilities presented staff report Request City Council to: (1) Award a Contract Services Agreement with St. Francis Electric, LLC, for Traffic Signal Maintenance and Repair Services in the amount of $600,000 Annually with a maximum term of 3 years, and (2) Authorize the City Manager to Execute the Agreement and all related Documents.
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Mayor Pro Tem Scott asked if anyone wished to speak.
0o0
No one came forward.
0o0
Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 4-0 voted (1) Awarded a Contract Services Agreement with St. Francis Electric, LLC, for Traffic Signal Maintenance and Repair Services in the amount of $600,000 Annually with a maximum term of 3 years, and (2) Authorize d the City Manager to Execute the Agreement and all related Documents.

Mayor Robertson was absent.
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Mayor Robertson returned to the dais at 9:44 p.m.
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TAB 8
Approve Second Amendment to the
Professional Services Agreement with
Advanced Civil Technologies City Project
No. 210804
David Hammer, City Engineer, presented staff report to Request City Council to: (1) Approve a Second Amendment to the Professional Services Agreement in the Amount of $201,417.74 with Advanced Civil Technologies for 2020/2021 Street Overlay & Reconstruction Project, City Project No. 210804; and (2) Authorize the City Manager to Execute All Documents.
0o0
Public Comment Lupe Camacho expressed her concerns with TAB 8 amendments which include additional fees. She is upset that the City needs to create multiple amendments because of what was not added or included in the projects. Due diligence is not being exhibited. She will continue to remind the City Council as much as needed . She believes nobody on the City Council cares about paying additional fees.
0o0
DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 23 TAB 8
Approve Second Amendment to the
Professional Services Agreement with
Advanced Civil Technologies City Project
No. 210804
Mayor Pro Tem Scott stated I find it pretty appalling for you to make statements like that.

Mr. Fuller, would you like to address Ms. Camacho on the reason for this item which I don’t think has anything to do with anything she got up and stated.
0o0

City Manager Fuller stated in the staff report, I have an exhaustive presentation on January 11, 2022 on pavement management program.

Based on that and our assessment, we identified 52 new streets that based on their pavement condition, we recommended to be rehabilitated and reconstructed. It is a new scope of work and new project. To get this advanced quickly, we decided to negotiate with a consultant who is already underwork with the Riverside projects for the same type of work. It’s a new scope of work adding to the contract. It is not that we changed the scope of work on an existing contract. It’s a list of 52 new streets that were reviewed and approved by the City Council on January 11, 2022.
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Mayor Robertson made reference to the scores on the streets and the need for this pavement rehabilitation.
0o0
Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5-0 vote to (1) Approve a Second Amendment to the Professional Services Agreement in the Amount of $201,417.74 with Advanced Civil Technologies for 2020/2021 Street Overlay & Reconstruction Project, City Project No. 210804; and (2) Authorize the City Manager to Execute All Documents.
0o0
TAB 9
Adopt the Pacific Electric Trail Expansion
Feasibility Study
David Hammer, City Enginee r, and Steven Frieson , Alta Planning Project Manager, Request City Council to Adopt the Pacific Electric Trail Expansion Feasibility Study.
0o0
Mayor Pro Tem Scott commented about the security measures in the area north of the Rialto Police Department and to consider it in the design.

He referenced a letter received from Inland Empire Biking Alliance with trail width recommendations. He concurs with their recommendations. 0o0
Mr. Fr ieson stated agreed with Mayor Pro Tem Scott. Once it is in design, there is an opportunity to make it wider.
0o0
DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 24 TAB 9
Adopt the Pacific Electric Trail Expansion
Feasibility Study
Mayor Pro Tem Scott believed it is a great project for the community. At first, there was public opposition , but we proved it wrong. It’s been a great asset for the community. I am in support of this. 0o0
Public Comment Marvin Norman agreed with extra width of the trail. He is suggesting a formal connection for easier accessibility to the trail. And he also suggests medians for safety. He also suggests a counter to track the number of people using the trail.
0o0

Council Member Perez agrees with the extra width on the trail to assist for safety purposes.

She inquired about exercise equipment.
0o0
Mr. Frieson stated that is something to consider for the design process.

It is currently in the feasibility study. Lighting and crossings are very important as well.
0o0
Council Member Perez how many vehicles will be accommodated in the parking lot
0o0
Mr. Frieson stated approximately 20 vehicles.
0o0
Council Member Trujillo suggested creating a committee along the trail to share ideas. The residents along the trail are excited. 0o0
Council Member Carrizales supports this project and is excited about this project. He asked about a yellow -type sensor for joggers to yield that he witnessed at the trail in Claremont and hoped Rialto can incorporate similar technologies where signals are not available. 0o0
Mayor Robertson thanked Mr. Fri eson’s work study. She echoe d Mr.

Norman’s comments regarding the width. That is the signature piece.

She wants the trail to be wide for multiple mobilities, running jogging, and scooters. Most of our projects are built with financial constraint. Let us think about what we want not what we can build with what we have.

She looks forward to everyone’s input and design.
0o0
Motion by Council Member Carrizales second by Council Member Perez and carried by a 5-0 voted to Adopt the Pacific Electric Trail Expansion Feasibility Study.
0o0
DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 12, 2022 Page 25 TAB 10
First Reading Ordinance No. 1666
Eric Vail, City Attorney, presented staff report to Request that the City Council Introduce for First Reading Ordinance No.1666, Amending Section 2.12.030 of the Rialto Municipal Code to correct a typographical error in Ordinance No. 1661 in setting the salary formula for the position of Mayor.
0o0
Public Comment Lupe Camacho clarified verbiage on Ordinance No. 1666. 0o0
City Clerk McGee read Ordinance No. 1666 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTION 2.12.030, OF CHATER 2.12 OF

THE RIALTO MUNICIPAL CODE TO CORRECT THE SALARY OF
THE MAYOR.
0o0
Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5-0 vote to approve Ordinance No. 1666.

The vote was: AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, Council Member Perez.

NOES: None. ASTAIN: None. ABSENT: None.
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TAB 11
Adopt Resolution No. 7855

Kathy Brann, Economic Development Manager, presented staff report to Request the Successor Agency to the Redevelopment Agency of the City of Rialto to Adopt Resolution No. 7855 Declaring that Certain 17,400 Square Feet situated on the northeast corner of Willow Avenue and Jackson Street Identified by Assessor’s Parcel Numbers 0127-311- 15 and 16 as Surplus Land and Directing the Executive Director to Follow the Procedures Set Forth in the Surplus Land Act, California Government Code Section 54220 et seq., as Amended on January 1, 2020, for the Sale of Surplus Land.
0o0
Motion by Mayor Pro Tem Scott second by Council Member Trujillo and carried by a 5-0 voted to Adopt Resolution No. 7855 Declaring that Certain 17,400 Square Feet situated on the northeast corner of Willow Avenue and Jackson Street Identified by Assessor’s Parcel Numbers 0127-311-15 and 16 as Surplus Land and Directing the Executive Director to Follow the Procedures Set Forth in the Surplus Land Act, California Government Code Section 54220 et seq., as Amended on January 1, 2020, for the Sale of Surplus Land.
0o0

Mayor Robertson stated it has been a long journey. Glad we were able to get this in on time. This is so needed. Glad we are adding the bus portion.
0o0
Council Member Trujillo thanked Ms. Alvarado-Crawford.
0o0
Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 5-0 voted to Authorize the Submission of Grant Application to the 2022 Omnitrans Measure I Regional Mobility Partnership (RMP) Program in the amount of $487,750 that covers Fiscal Year 2023 and 2024, requiring a total local match of $77,350.
0o0
REPORTS The City Council and gave their reports.
0o0
ADJOURNMENT Motion by Council Member Perez, second by Council Membe r Trujillo and carried by a 5 -0 vote, to adjourn the City Council Meeting at 10:51 p.m.
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_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 649279D8-56FE-4543-9095-7CA49BB7D05D

Rialto City CouncilApril 12, 2022

Rialto City Council
April 12, 2022