Minutes — Rialto City Council, November 15, 2022

SPECIAL MEETING - FINAL
of the

CITY OF RIALTO

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

MINUTES
Tuesday, November 15, 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, November 15, 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 Robertson called the meeting to order at 4:05 p.m. 0o0
The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, Council Member Karla Perez. Also present were City Manager Marcus Fuller, Assistant City Attorney Robert Messinger and City Clerk Barbara McGee. Council Member Rafael Trujillo.

City Treasurer Edward Carrillo and City Attorney Eric Vail were absent. 0o0
Council Member Trujillo arrived at 4:06 p.m.
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CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b)
Position Title: City Manager

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Two (2) matters:
(1) S.A.J. through Guardian ad Litem Lawrence Todd v.

City of Rialto et al.,
Case No. USDC 22-CV-00767-SSS-SHK
(2) Bridgette Angulo v. City of Rialto et al.,
SBSC Case No. CIVSVB2218619

3. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: Six (6) matters.

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 130 S Willow Avenue, Rialto;
APNs 0130-211-26 & 30
Negotiating Parties: Marcus Fuller, City Manager,
Robert Messinger, Assistant City Attorney;
Oscar and Blanca Esparza
Under negotiation: Price and Terms

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Portion of APN 0127-023-004
Negotiating Parties: Marcus Fuller, City Manager,
Robert Messinger, Assistant City Attorney: Midland Oil Group, Under negotiation: Price and Terms

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 22.3 acres located along Miro Way located within the City of Rialto, County of Rialto, State of California, identified by the following Assessor Parcel Numbers: 0264-211-15, 0264- 211-20, 0264-212-17 (ptn), 0264-212-44, 0264-212-45, 0264- 212-46, and 0264-212-54, Assessor Parcel Numbers: 0264- 211-15, 0264-211-20, 0264-212-17 (ptn), 0264-212-44,
0264-212-45, 0264-212-46, and 0264-212-54.

Negotiating Parties : Marcus Fuller, City Manager,
Robert Messinger, Assistant City Attorney ; Lewis-Hillwood Rialto Company, Inc.; Unknown
Bidders at Notice Public Auction
Under negotiation: Price and Terms

CLOSED SESSION

Motion by Council Member Carrizales and second by Council Member Trujillo and carried by a 5-0 vote to go into Closed Session at 4:07 p.m. 0o0
The City Council returned from Closed Session at 6:35 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:57 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Deborah 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, Assistant City Attorney Robert Messinger, and City Clerk Barbara McGee.

City Treasurer Edward Carrillo, City Attorney Eric Vail were absent. 0o0
Pledge of Allegiance and
Invocation
Council Member Rafael Trujillo led the pledge of allegiance. 0o0
Pastor Dr. Victor Lopez – Calvary Chapel gave the Invocation. 0o0
City Attorney’s Report on
Closed Session

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Position Title: City Manager

Assistant City Attorney Messinger stated there was no reportable action.

2. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Two (2) matters:
(1) S.A.J. through Guardian ad Litem Lawrence Todd v.

City of Rialto et al.,
Case No. USDC 22-CV-00767-SSS-SHK
(2) Bridgette Angulo v. City of Rialto et al.,
SBSC Case No. CIVSVB2218619
Assistant City Attorney Messinger stated there was no reportable action on the first matter. On the second matter, direction was given to the City Council.

3. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: Six (6) matters.

Direction was given on the matters discussed.

Direction has been given to the negotiators.

Direction was given to the negotiators.

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 22.3 acres located along Miro Way located within the City of Rialto, County of Rialto, State of California, identified by the following Assessor Parcel Numbers: 0264- 211-15, 0264-211-20, 0264-212-17 (ptn), 0264-212-44, 0264- 212-45, 0264-212-46, and 0264-212-54, Assessor Parcel
Numbers: 0264-211-15, 0264-211-20, 0264-212-17 (ptn),
0264-212-44,
0264-212-45, 0264-212-46, and 0264-212-54.

7. 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 Employees
· 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

Direction was given to the negotiators.
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PRESENTATION AND

PROCLAMATIONS

1. Certificate of Appreciation for “Lucky Farms” –
Council Member Rafael Trujillo

2. Certificate of Recognition for RUSD Child Nutrition Summer Program - Mayor Deborah Robertson

3. Proclamation to Alpha Phi Alpha Fraternity, Inc. 45th Anniversary -

4. Mentioning the Certificate of Recognition given to
Hazel Strickland for turning 100 years old –
Mayor Deborah Robertson

5. Rialto Library Study Room Project Check Presentation - Supervisor Joe Baca Jr.

6. Introduction of new employees by Marcus Fuller, City Manager and Shama Curian, Director of Human Resources and Risk
Management
DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 6 ORAL COMMUNICATIONS Mayor Robertson asked to open Oral Communications. 0o0
Lino Martinez requested the racquetball courts at the Rialto Fitness Center reopen and presented the City Council with 50 signatures petitioning to reopen the courts.
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Christina O’Hally and Robert O’Hally spoke on an incident that occurred to their son last year on December 10, 2021 in front of Eisenhower High School. They are requesting bump stops and a street light in front of Eisenhower High School.
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Mayor Robertson stated she had me t with the school district a few months back and discussed midblock pedestrian crosswalk and it is a project that will be constructed soon.
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Frank Guthrie, addressed the City Counci l first to discuss the lack of crowd control and the disorganizatio n outside City Hall during a City Council meeting. He also discussed about the stray cat problem in his neighborhood and absence of animal control in the City. He is requesting the City to provide him traps.
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Jim Luna requested the City Council for road improvements and speed bumps near Eisenhower High School and other roads within the City near Walnut and the 210 Freeway.
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Council Member Carrizales recused himself from Items E.2 and F.18. 0o0
City Council to Consider removing or
continuing any items on the agenda Mayor Robertson abstained from Warrant Resolution No. 17 (10/27/2022) Voucher No. 226793 made out to the National Council of Negro Women for a total of $10,145.46.
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Council Member Trujillo requested to comment on Item F. 8.

He complimented and thanked Police Chief Kling and the Rialto Police Department for their work in addressing traffic enforcement. 0o0

B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 13 (09/29/2022)
B.2 Warrant Resolution No. 14 (10/06/2022)
B.3 Warrant Resolution No. 15(10/13/2022)
B.4 Warrant Resolution No. 16(10/20/2022)
B.5 Warrant Resolution No. 16a(10/20/2022)
B.6 Warrant Resolution No. 17(10/27/2022)
B.7 Warrant Resolution No. 17a(10/27/2022)
B.8 Warrant Resolution No. 18(11/03/2022)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – September 27, 2022

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D. CLAIMS AGAINST THE CITY
D.1 Clifford Moss Jr. - Vehicle Damage
D.2 Stacy Bernadette Reyes - Personal Injury
D.3 Estate of Irene Jamarillo - Damages
D.4 Pricilla Nunez - Vehicle Damage
D.5 Jose Ramirez - Personal Injury

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E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for December 13, 2022, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 2nd Quarter of the 2022
Calendar Year.

The project site is generally located south of the SR-210 Freeway, north of Walnut Avenue, east of Eucalyptus Avenue west of Meridian Avenue.

F. MISCELLANEOUS
F.1 Request City Council to Adopt by Second Reading ORDINANCE NO.1671 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RIALTO, CALIFORNIA AMENDING SECTION 1.14.030
OF CHAPTER 1.14 OF THE RIALTO MUNICIPAL CODE

REGARDING CLAIMS AGAINST THE CITY AND AUTHORITY
OF THE CITY MANAGER.

F.2 Request City Council to: (1) Adopt Resolution No. 7984 Amending the 2022-2023 Fiscal Year Budget; (2) Accept the FY2022 -2023 California Citizens’ Option for Public Safety (COPS) Allocation of $160,556; and (3) Authorize the City Manager or Designee to Execute All Documents.

F.3 Request City Council to: (1) Award Professional Services Agreements with Black O’dowd and Associates, Inc. DBA BOA Architecture and Westgroup Designs Inc. for On-Call Professional Architectural Services, and (2) Authorize the City Manager to Execute All Documents.

F.4 Request City Council to: (1) Award Professional Services Agreements with Mark Thomas & Company, Inc., Michael Baker International, Proactive Engineering Consultants, Inc. and Psomas for On -Call Professional Civil Engineering Serv ices, and (2) Authorize the City Manager to Execute All Documents.

F.5 Request City Council to: (1) Award a Professional Services Agreements with GEI Consultants, Inc. and Terracon Consultants Inc. for On -Call Environmental Services, and (2) Authorize the City Manager to Execute All Documents.

F.6 Request City Council to: (1) Award Professional Services Agreements with Koury Engineering & Testing Inc. and MTGL, Inc. for On -Call Geotechnical Services, and (2) Authorize the City Manager to Execute All Documents.

CONSENT CALENDAR

F.7 Request City Council to: (1) Award Professional Services Agreements with Albert A. Webb Associates and Transtech Engineers for On -Call Traffic Engineering Ser vices, and (2) Authorize the City Manager to Execute All Documents.

F.8 Request City Council to: (1) Adopt Resolution No. 7985 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the California Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement in the Amount of $375,000; and (3) Authorize the City Manager or Designee to Execute All Documents.

F.9 Request City Council to Receive and File for Future Audit the Treasurer’s Monthly Report for the month end of August 2022.

F.10 Request City Council to: (1) Approve an Agreement for the Local Use of Local Allocation of California Opioid Settlement Funds executed between the County of San Bernardino and the City of Rialto; (2) Authorize the City Attorney to Make M inor Changes to the Agreement Related to the Year 1 Settlement Fund
Disbursement to the City of Rialto in the Amount of $40,319.75; (3) Authorize the City Manager to Execute All Documents and Redirect the Year 1 Settlement Fund Disbursement to San Bernardino County.

F.11 Request the City Council to (1) Approve the New Classification Specifications for the positions of Payroll Technician, Payroll Analyst, and Senior Payroll Analyst, and (2) Adopt Resolution No. 7986 updating the Citywide Classification and C ompensation Plan for Full-time and Part-time employees.

F.12 Request City Council to: (1) Adopt Resolution No. 7987 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the California Office of Traffic Safety “Ride to Live” Motorcycle Education Grant Agreement in the Amount of $31,000; and (3) Authorize the City Manager or Designee to Execute All Documents.

F.13 Request City Council to: (1) Approve a Facility License Agreement between the City of Rialto and the Rialto Family Health Services for office space in Room 504 at the Carl Johnson Center for a Term of 8 Months with Two One-Year Extensions; (2) Waive the Pro-Rated Initial Lease Payment of $300; and (3) Authorize the City Manager to Execute All Documents.

F.14 Request City Council to Receive and File the Fiscal Year 2020-2021 Single Audit Report.

F.15 Request City Council to Receive and File the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the Fiscal Year 2022 -2023
Annual Budget.
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F.17 Request City Council to (1) Introduce for First Reading Ordinance No. 1672 AMENDING CHAPTER 15.08 OF THE RIALTO
MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA BUILDING CODES OF THE
CALIFORNIA CODE OF REGULATIONS. TO INCLUDE: 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE, 2022 CALIFORNIA PLUMBING CODE,
2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
ELECTRICAL CODE, 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022
CALIFORNIA HISTORICAL BUILDING CODE, 2022
CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA
REFERENCED STANDARDS CODE AND 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
APPENDICES AND AMENDMENTS; and (2) Set a Public Hearing for December 13th, 2022, to Conduct the Second Reading and Adopt the Ordinance.

F.18Request that the City Council Adopt R esolution No. 798 8 Authorizing Amendments to the Foothill Boulevard Specific Plan, the Central Area Specific Plan, and the Gateway Specific Plan to Implement the Rezone Program Established in the Housing Plan of the City of Rialto 2021 -2029 (Sixth Cycle) H ousing Element Update.

F.19 Request that the City Council to Adopt Resolution No. 7989 Amending Resolution No. 7911 Related to the General Fund State Allocation Grant Funds for the Rialto Unified School District International Healing Garden Project to Program the Use of Funds for Construction Costs.

F.20 Request City Council to (1) Adopt Resolution No. 7990 Approving Amendment #4 to the Long Range Property Management Plan for the Disposition of Real Estate Assets Owned by the
Successor Agency.

F.21 Request the City Council/Rialto Utility Authority Board 1) Adopt Resolution No. 7991 Approving the Santa Ana Watershed Project Authority’s One Water One Watershed Plan Update 2018; and 2) Adopt RUA Resolution No. 08 -22 Approving the Santa An a Watershed Project Authority’s One Water One Watershed Plan Update 2018.

F.22 Request City Council to Adopt Resolution No. 7992 Approving the Industrial Disability Retirement of Justin Leysack.

F.24Request City Council/Rialto Utility Authority Board Adopt Resolution No. 7994 and Rialto Utility Authority Board Adopt RUA Resolution No. 10 -22 Approving an Extraterritor ial Wastewater Service Agreement with ASG Development Advisors, for the property located at 19373 Slover Ave., Bloomington, CA 92316, Assessor’s Parcel Number 0259-071-03, 04, and 39.

F.25Request City Council/Rialto Utility Authority Board Ado pt Resolution No. 7995 and Rialto Utility Authority Board Adopt RUA Resolution No. 11 -22 Approving an Extraterritorial Wastewater Service Agreement with Cherish Gonzales, for the property located at 6268 Apple Avenue, CA, Assessor’s Parcel Number 0264-65-201-0000.

F.26 Request the City Council/Rialto Utility Authority Board 1) Adopt Resolution No. 7996 Authorizing the Grant Application,
Acceptance, and Execution for the Advanced Metering
Infrastructure Implementation Project with the Department of Water Resources of the State of California; and 2) Adopt RUA Resolution No. 12 -22 Authorizing the Grant Application, Acceptance, and Execution for the Advanced Metering
Infrastructure Implementation Project with the Department of Water Resources of the State of California.

F.27 Request City Council to: (1) Adopt Resolution No. 7997 Amending the 2022-2023 Fiscal Year Budget; (2) Approve a Police Services Agreement Between Amazon.com, Inc. and the City of Rialto for the Period November 16, 2022 Through December 31, 2022, at a Fee not to Exceed $310,727.04, and (3) Authorize the
City Manager to Execute All Documents.

F.28 Request City Council to: Adopt Resolution No. 7998 Increasing the FY2022-2023 Community Development Block Grant (CDBG)
Annual Budget to Align with the FY2022 -2023 Approved Annual Action Plan.

F.29 Request Successor Agency to the Redevelopment Agency of the City of Rialto to Adopt Resolution No. 7999 Approving Amendment #5 to the Long Range Property Management Plan for the
Disposition of R eal Estate Assets Owned by the Successor Agency.

F.30 Request City Council to Adopt Resolution No. 8000 for Paying and Reporting Employer Paid Member Contributions (EPMC).
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F.32 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) Make Findings for Continuing “Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further Direction in Relation thereto. 0o0
Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5 -0 vote to adopt the Consent Calendar with the following notations.

Mayor Robertson abstained from Warrant Resolution No. 1 7 (10/27/2022) Voucher No. 226793 made out to the National Council of Negro Women for a total of $10,145.46.

Council Member Carrizales abstained from Item E.2 and F.18 due to a conflict of interest.
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PUBLIC HEARING
TAB 1
Adopt Resolution No. 8003 –
General Plan Amendment No. 2020-0001
Approve Resolution No. 8004 –
Approving Amendment No. 2020-0001
Approve Resolution No. 8005
Variance No. 2020-0001
Approve Resolution No. 8006
Conditional Development Permit No.
2020-0006
Approve Resolution No. 8007-
Precise Plan of Design No. 2020-0012
Approve Resolution No. 8008
Environmental Impact Report

Paul Gonzales, Community Development Manager, and Scott Mulkay with Birtcher Development, presented staff report to Request City Council Conduct a Public Hearing to consider Adoption o f (1) Resolution No. 8003 approving General Plan Amendment No. 2020- 0001, a request to change the general plan land use designation of approximately 8.46 gross acres of land from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, (2) Resolution No. 8004 approving Specific Plan Amendment No. 2020 -0001, a request to change the specific plan zoning designation of approximately 8.46 gross acres of land from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan, (3) Resolution No. 8005 approving Variance No. 2020-0001, a request to increase the maximum allowable building height from 35 feet to 49 feet, (4) Resolution No. 8006 approving Conditional Development Permit No. 2020 -0006, a request to allow the development and operation of a 492,410 square foot industrial commerce building on approximately 22.49 gross acres of land, (5) Resolution No. 8007 approving Precise Plan of Design No. 2020-0012, a request for site and architectural review of a 492,410 square foot industrial commerce building on approximately 22.49 gross acres of land, and (6) Resolution No. 8008 approving an Environmental Impact Report (Environmental Assessment Review No. 2020 -0007) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located at the northwest corner of Valley Boulevard and Willow Avenue. 0o0
DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 13 TAB 1
Adopt Resolution No. 8003 –
General Plan Amendment No. 2020-0001
Approve Resolution No. 8004 –
Approving Amendment No. 2020-0001
Approve Resolution No. 8005
Variance No. 2020-0001
Approve Resolution No. 8006
Conditional Development Permit No.
2020-0006
Approve Resolution No. 8007-
Precise Plan of Design No. 2020-0012
Approve Resolution No. 8008
Environmental Impact Report

Mayor Robertson asked if any member of the public wish to speak. 0o0
City Clerk McGee stated yes.
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Assistant City Attorney stated the developer approached the City Council advocating for the project.
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Mayor Robertson stated this project was reviewed in a subcommittee meeting.
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Mayor Pro Tem Scott stated he and Mayor Robertson met with the developers a few times to review the project to discuss community benefit. The applicant provided informational information either by email or met with each Council Member. He hopes that no City Council Member committed to the project to either support it or not during the meetings. If they did, they need to speak up now.

So he is correcting for the record what was stated because it is not accurate. I never stated my support or opposition to the project. They were specifically told that warehouses developers need to start in the community. He believes vehicle Enforcement officers should be paid by warehouse owners and their tenants. Most warehouse developers agree with it. But that is no indication of support or opposition to the project. I just want that on the record.
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Mayor Robertson stated her concern with community benefits. 0o0
Mayor Pro Tem Scott asked the Assistant City Attorney if any member of the Council should conflict out on voting on this Item. 0o0
Assistant City Attorney Messinger stated no whatsoever. He simply wanted to include on the record that the developer had reached out to the City Council and they were advocating for their project. 0o0
Mayor Robertson stated she had scheduled meetings but chose not to meet any further.
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Mayor Pro Tem Scott stated that would be correct for me. The rest of the City Council can speak for themselves.
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DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 14 TAB 1
Adopt Resolution No. 8003 –
General Plan Amendment No. 2020-0001
Approve Resolution No. 8004 –
Approving Amendment No. 2020-0001
Approve Resolution No. 8005
Variance No. 2020-0001
Approve Resolution No. 8006
Conditional Development Permit No.
2020-0006
Approve Resolution No. 8007-
Precise Plan of Design No. 2020-0012
Approve Resolution No. 8008
Environmental Impact Report

Council Member Carrizales stated he had met with the development team and received the information. He was pleased with the improvements made but there was no commitment on either side for the record.
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Council Member Trujillo stated he met with the developer to discuss proposals, but there was no commitment.
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Council Member Perez stated that she too met with the developer but it was only information and contribution towards traffic control. 0o0
Mayor Pro Tem Scott stated that City Manager Fuller permitted the developer to meet with each Council Member. The City’s policy has been that a developer presents their project at the EDC meeting and subcommittee members make recommendations to the City Council.

Standard policy did not happen on this project.
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Mayor Robertson asked if we want to proceed.
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Assistant City Attorney Messinger asked for the applicant to present first.
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Scott Mulkay with Birtcher Development made presentation before the City Council.
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PUBLIC COMMENT

John Sicily addressed the City Council in support of the project. 0o0
Louie Lopez on behalf of the Ironworkers Local 433 addressed the City Council in support of the project.
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Frankie Jimenez on behalf of Ironworkers Local 416 addressed the City Council in support of the project. He believes is it a huge plus to the community.
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Pastor Zach with Care California addressed the City Council in support of the project. He b elieves warehouse s have a huge impact on the economy of Rialto.
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Nathanial Lopez with Local 909 addressed the City Council in support of the project as a resident.
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Juan Olmedo on behalf of the Carpenters Union addressed the City Council in full support of the Birtcher Development.
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Andres Bujanda Jr. a member of the Carpenters Union addressed the City Council in full support of the Birtcher Development Project. 0o0
Orlando Garcia with the Carpenters Union addressed the City Council in full support of the Birtcher project.
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Alex Zamora Liuna, Laborers’ International Union of North American address the City Council in favor of the Birtcher project and the developers as well.
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Joseph Quezada member of Labors Local 783 address ed the City Council in favor of this project.
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Thomas Ruiz representative and on behalf of Laborers’ Union of North America Local 783 strongly support Birtcher Development and the Willow project.
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Aria Soprano on behalf of Advocates for the Environment addressed the City Council to oppose the approval of Birtcher Logistics Center as it is currently proposed.
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Motion by Council Member Trujillo second by Council Member Perez and carried by a 5-0 vote to close the Public Hearing.
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Council Member Trujillo thanked the development team for organizing this project. He appreciates the benefit agreements being in writing as opposed to just verbal discussion. Appreciated the work within the staging area in the industrial and including that component in the project.

He appreciates with modifications to the traffic matters in the area that could arise.
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Mayor Pro Tem Scott asked City Manager Fuller if Valley Boulevard is a truck route.
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Mayor Robertson stated that it is.
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Mayor Pro Tem Scott expressed his concern with this project as it stands. His concern is with the trucks being required to only use Riverside Avenue versus being allowed to go both ways. We don’t want to burden Riverside Avenue with a lot vehicles moving both ways.

Based that it is an existing truck route, he doesn’t see how there is no requirement to require them not to go west.
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City Manager Fuller stated that an established truck route could be used by any truck going through the City. That will be discussed later in the agenda.
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Mayor Pro Tem Scott also expressed he is very pleased with the labor agreement established. It is good for our community and workers. It’s the right thing to do. He is glad to see the commercial enforcement is included in the benefits agreement. It’s huge problem. With the addition of code compliance officers, it will make a huge difference in Rialto. He hope that Birtcher Organization would include a point of sale operation versus anything else. It is good for the City. It brings a lot of revenue to the City.
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Mayor Robertson appreciates everyone’s comments but expressed about her concerns with the distance of the facility away from the school site being 700 feet and the concern of stacking of the docs on the east.

She asked Mr. Mulkay what is the timeline on t he project to be constructed.
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Mr. Mulkay stated after groundbreaking, 12 months of construction is anticipated.
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Mayor Robertson asked what happens after 12-14 months.
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Mr. Mulkay, the occupant occupies the building and there are tenant improvements.
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Mayor Robertson asked since you will be the owner/landlord of the spec building, she is concerned with the workforce coming in and who will be leasing the property and the type of wages. She asked if Birtcher Development Legacy Real Estates is committed to require tenants to have an onsite HR Department to provide a competitive wage consistent with the logistic industry and not with warehousing that pack boxes. Can you make an agreement with the City that you will have your tenants have an HR department onsite and give an economic, competitive logistic wage?
In addition, the advocate for the environment that we heard from, it’s not the one that you made an agreement with the local environmental justice organization who previously has filed lawsuits. When someone chooses to sue us, whatever the schoo l district has bought into, they’re never part of the lawsuit. The City is held to the lawsuit.

You have an agreement with local environmental organization. Can you speak to the nature of that financial benefit agreement? 0o0
Mr. Mulkay stated he cannot. The organization has requested confidentiality as part of the agreement.
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Mayor Robertson stated that is amazing. This is the environmental group at our meetings making certain they are challenging warehouses on the north end of the City. They gathered over 300 signatures and not all Rialto residents, and they made a community benefit agreement but cannot disclose to what amount of money.
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Mr. Mulkay stated as part of the terms of the agreement, they asked that for confidentiality and not to disclose.
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Mayor Robertson stated they are a non-profit.
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Mr. Mulkay stated that is correct.
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Mayor Robertson stated it is fascinating that the group that’s always here. What is the group name?
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Mr. Mulkay stated he agreed and confidentiality is part of the agreement. 0o0

Mayor Robertson state d the school district has received a 20-year agreement for funding of two crossing guards for the Joe Baca and Ruth Grimes Schools, new air conditioning an d landscape enhancements along Valley Boulevard. They also attempted to restrict the traffic on a truck route which they don’t have jurisdiction. And this is Colton School District. It is not in the Rialto Unified School District. And labor project agreements have been signed. However, the very environmental organization that is local to us has now negotiated an agreement to the tune of substantial money but that is not being disclosed. Where is the transparency here? And you propose voluntary community benefit to the City to provide $440,000 for two commercial code enforcement officers for two years, because it will bring substantial trucks. The City chases a lot of trucks. They don’t stay on the truck routes. That’s only for 2023 and 2024. It is not being funded past the duration of construction. The project will not be constructed until 14 months out and trucks won’t be coming until 14 mo nths out. A better negotiated plan need s to be set with Birtcher Development and the City.

She inquired where the truck scale will be located.
0o0
Mayor Pro Tem Scott stated it is portable.
0o0
Brandon Birtcher, CEO of Birtcher Development stated the truck scale is portable.
0o0
Mayor Robertson stated the City pays a lot of money when being sued by an environmental group in a law firm. If it’s the group I believe, it is amazing they their silence was bought.
0o0
Mr. Birtcher stated he appreciates Mayor Robertson’s comments and she should have concern over such matters.
0o0
Mayor Robertson stated she really does.
0o0
Mr. Birtcher stated they have met with many environmental groups, and I don’t believe it is who you think it is. Unfortunately, we have a confidentiality agreement which we always abide by. Let’s not imply to the public that we know who it is.
0o0

Mayor Robertson stated Birtcher Development should know who the group is.
0o0
Mr. Birtcher stated they know who it is.
0o0
Mayor Robertson stated it is being brought forward to the public side.

She stated Birtcher Development has spoken about the public groups funds have been allotted to, but they are not speaking to the environmental organization that is a local environmenta l justice organization. Environmental organizations sue if the distance is within 1,000 feet. Although Birtcher Development is not disclosing the name, it must a local organization that is concerned about the well being of the citizens of Rialto.

She reite rated if Birtcher Development is committed to require their tenants to have an onsite HR Department and pay a competitive wage to what the industry is.

She informed Mr. Birtcher she had spoken to Ms. Birtcher, the President of the company. They discussed moving the loading docks to the east side. It was something Birtcher Development did not want to entertain. 0o0
Mr. Birtcher stated it was the Rialto Fire Department that informed them that there was a public safety issue being 100 times below the air quality.
0o0
Mayor Robertson stated it concerned her the number of times the Rialto Fire Department may have to answer to a public safety matter. Students are in school nine months out of the year and the air quality is a concern. 0o0
Mr. Birtcher agreed that better air quality needs to be discussed including around the local schools. Birtcher has shown they are 100 times below the actionable requirement on the air quality.

Regarding Birtcher’s ability to require a tenant they have not met and mandate that they hire an HR Department onsite, he would be shocked in today’s work environment that any company doesn’t have a permanent or a hired third party to manage their HR in the State of California.
0o0
Mayor Robertson stated there are private companies that own their own HR Department.
0o0

Mr. Birtcher stated they can outsource their HR Department. 0o0
Mayor Robertson stated Walmart is one of them.
0o0
Mr. Birtcher reiterated they can outsource their HR Department or hire internally. He would imagine their tenant will have an HR relationship with somebody that will oversee that responsibility.

Regarding the wages, the No. 1 issue in Southern California is the lack of labor availability in warehouses. It’s becoming a crisis on availability.

The tenants are having to provide and compete for this labor base by providing amenities on site, competitive wages, training programs, futures or they lose their people.
0o0
Mayor Robertson stated they use temporary employment agencies.

They hire people as they need them for the specific workload and release them. They gather no health benefits and no long term. That’s the situation in this area. The salary is not competitive to what it cost to live in this community or surrounding area. Growing migration is going from the west to the east.

She stated that Birtcher has indicated and negotiated an agreement with a local environmental justice organization.
0o0
Mr. Birtcher stated it is not who Mayor Robertson thinks it is. 0o0
Mayor Robertson stated it doesn’t matter. That organization can turn around and sue the City.
0o0
Mr. Birtcher stated Birtcher Development has a relationship with many organizations and have had discussions about how to be a very involved member in the community and have been recognized by these environmental organizations as “Best of Class” solutions. Birtcher Development works hard to communicate with them. We have differences but we also have wonderful alliances in how to make warehouses a better place to work in a better member of the community. 0o0
Mayor Robertson believed that there is mor e than you can do to help mitigate against the impacts in the air quality. She has to make it publicly known that there are environmental organizations that can cut financial arrangements but won’t come forward to speak and we’re supposed to accept that.
0o0

Mr. Birtcher stated it was a requirement, and it was a shameful one on their part.
0o0
Mayor Robertson stated she heard a number that they managed to negotiate. It is amazing if it is true.
0o0
Mr. Birtcher stated Birtcher believes in the American labor system that the people of Southern California are moving in the right direction with the right types of communication with their employers and with their government representatives and the free enterprise employers. 0o0
Mayor Robertson asked why not give funds to the City in a benevolent fund and allow them to come forward. Truthfully, they cannot file a lawsuit.
0o0
Mr. Birtcher stated he was addressing the labor agreements in having a high paid employee.
0o0
Mayor Robertson stated she is referring to the environmental justice group. They’re not long term. They’re there for 14 to 18 months.

Then they move to another building. She is referring to the workforce after the building is built.
0o0
Mr. Birtcher stated he agreed with Mayor Robertson.
0o0
Mayor Robertson stated if they can regulate, why not just add refrigeration. You took it upon yourself not to restrict the building from not being refrigerated.
0o0
Mr. Birtcher stated yes we did. We’ve taken it off the table because it is an enviro nmentally appropriate thing to do. It’s our step forward.

Voluntary opportunity to take out the table for in-house gases, environmental impacts that we believe that we’re way exceeding what we could have put into this building.

This company is reall y dedicated to being at the front end of these things. Build America’s first solar park before sustainability was a word associated with green development.
0o0
Mayor Robertson stated Rialto has one of the largest refrigerating centers which is Target Distribution.
0o0
DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 22 TAB 1
Adopt Resolution No. 8003 –
General Plan Amendment No. 2020-0001
Approve Resolution No. 8004 –
Approving Amendment No. 2020-0001
Approve Resolution No. 8005
Variance No. 2020-0001
Approve Resolution No. 8006
Conditional Development Permit No.
2020-0006
Approve Resolution No. 8007-
Precise Plan of Design No. 2020-0012
Approve Resolution No. 8008
Environmental Impact Report

Mr. Birtcher stated right.
0o0
Mayor Robertson stated the y were able to meet the environmental impacts they were able to meet them and get by them as well. They might as well have left that in there too because it would support the community stronger.
0o0
Mr. Birtcher stated if the City Council would prefer not to restrict the cold storage element, it will be abided.
0o0
Mayor Robertson stated it has to be climate control.
0o0
Mr. Birtcher stated there’s a lot of interest. A developer today is a very art form of compromise. The greenhouse gas community has a different opinion about this.
0o0
Mayor Pro Tem Scott asked if he’s a liberty to say that the environmental group is CC&J
0o0
Mr. Birtcher stated they are not.
0o0
Mr. Mulkay stated they can say it is not them which is what was thought to be implied.
0o0
Mayor Pro Tem Scott asked if the building was equipped with solar. 0o0
Mr. Mulkay stated the intent is to include solar. The building is designed with solar -ready switch gear. Once the tenant’s demand load is determined, the intent is to include solar.
0o0
Mayor Pro Tem Scott asked if the building is retrofitted to add solar based on need.
0o0
Mr. Mulkay stated that is correct.
0o0

Council Member Carrizales stated he sees the benefits of this project and appreciates all the unions in attendance. Birtcher Development has stepped it up, and he will move for approval.
0o0
Council Member Trujillo seconds the motion.
0o0
Assistant City Attorney Messinger asked if the motion included the approval of the community benefits agreement.
0o0
Council Member Perez pointed out the concern was the traffic traveling in one direction.
0o0
Mayor Pro Tem Scott stated that is not part of the agreement. 0o0
Council Member Carrizales stated his statement is the way it is. 0o0
Mayor Robertson stated the school district cannot restrict traffic. 0o0
Mayor Pro Tem Scott asked the other items are not to be approved as part of it.
0o0
Council Member Carrizales stated yes.
0o0
Mayor Robertson asked including the agreement with local environmental just organization.
0o0
Council Member Carrizales stated yes, correct Madam Mayor. 0o0
Mayor Pro Tem Scott asked for a clarification before voting. All the community benefit s agreements items being approved with the exception to the only requirement to only travel eastbound. 0o0
Assistant City Attorney Messinger he recommended that be made a condition of approval for the CDP. The agreement is with the City. 0o0

Mayor Robertson stated yes, it is. It is not with the school districts. 0o0
Assistant City Attorney Messinger stated there needs to be an official mechanism to approve it. The agreement is not part of any document. 0o0
Mayor Robertson stated these are items agreed upon but there is no written document. It’s conditioned upon them in putting it in writing. 0o0
Assistant City Attorney Messinger stated as a condition of approval then we can get that executed.
0o0
Mayor Roberson stated Council Member Carrizales can amend it. 0o0
Council Member Carrizales stated motion with the amendments that have been stated.
0o0
Assistant City Attorney Messinger stated thank you.
0o0
Mayor Robertson requested a roll call.
0o0
City Clerk McGee asked for clarification of what has been approved.

She asked Council Member Carrizales if motion to approve was the agreement.
0o0
Council Member Carrizales stated the motion included all of it. With all the amendments mentioned.
0o0
City Clerk McGee asked if it included all the Resolutions listed on the staff report – the General Plan Amendment.
0o0
Mayor Robertson stated a motion is being made, but it needs to be contingent upon these agreements being drafted. They are not in writing.
0o0

Assistant City Attorney Messinger stated there are six Resolutions before the City Council. Council Member Carrizales made the motion and Council Member Trujillo second it to approve the Resolutions.

The community benefits agreement discussed that wou ld be with the City be made a condition of approval because that agreement is not part of the package. The intent was to have those benefits discussed in the presentation.
0o0
Council Member Carrizales stated that is correct.
0o0
Mayor Pro Tem Scott asked City Clerk McGee if that is the information she needs.
0o0
City Clerk McGee stated to clarify for the City record what is being approved is the General Plan Amendment.
0o0
Mayor Pro Tem Scott asked Council Member Carrizales to read off the Items as part of his approval.
0o0
Council Member Carrizales began reading his motion.
0o0
Council Member Trujillo continued with second motion and read Resolutions to include the amendments listed with the community benefits agreement.
0o0
Assistant City Attorney Messinger clarified the amendments as follows:

The inclusion of condition of approval in Resolution 2020 -0006 to document the voluntary community benefits of the developer’s presentation Nos. 5, 6 & 7 which include the funding of the code enforcement officers, the truck scale and the deed restriction. 0o0
Mayor Robertson clarified amendments added for the record under the City’s expectation.
0o0
Assistant City Attorney Messinger stated yes.
0o0

It’s out of our jurisdiction.
0o0
Mayor Robertson asked if the City Council is proposing that truck traffic be restricted on Valley Boulevard or was it part of the school district’s requirement.
0o0
Mayor Pro Tem Scott stated that was school district.
0o0
Council Member Carrizales stated we don’t have say over that. 0o0
Mayor Robertson stated we do. A school district cannot dictate what kind of truck route or activity can be done.
0o0

Mr. Mulkay stated that was at the request of the City and not of Colton Unified School District.
0o0
Mayor Robertson asked who made the request. Staff?
0o0
Mr. Mulkay stated it was in the conditions of approval provided by staff. 0o0
City Manager Fuller stated it makes it easier to change that condition. 0o0
Mr. Mulkay stated it would be fine if that condition needed to be changed.
0o0
Mayor Pro Tem Scott stated it cannot be a condition. It’s a truck route. 0o0
Mayor Robertson asked staff to step forward to explain. 0o0
Mr. Gonzales stated the condition placed on the truck route is that they would not be making right -hand turns onto Valley Boulevard. It was discussed at a meeting and determined the concern was the trucks going past the school. It’s a conditional development permit. Conditions can be placed if necessary or remove it.
0o0
Mayor Robertson asked about the school making the request in writing. 0o0
Mr. Gonzales stated the applicant was working with the school district regarding this matter, but it was also requested by the City staff. Should the City Council decide to remove it, it can be done.
0o0
Mayor Pro Tem Scott stated you cannot restrict trucks on a truck route.

The school district should have reconsidered building a school in an industrial area before building it. It’s a brand new school. 0o0
Mayor Pro Tem Scott asked if another motion needs to be made. 0o0
City Manager Fuller stated that it will noted that the motion includes eliminating the specific condition of approval restricting it. 0o0

Council Member Carrizales stated yes.
0o0
Mayor Robertson stated that anytime there is an adjacent frontage road to an interstate, truck traffic cannot be restricted.
0o0
City Clerk McGee asked for clarification on the approval of the resolutions.
0o0
Mayor Pro Tem Scott asked if he can restate the motion. 0o0
Council Member Carrizales stated yes, you can.
0o0
Mayor Pro Tem Scott stated there is a motion on the floor to approve Resolution No. 8003; Resolution No. 8004; Resolution No. 8005 Variance No. 2020 -0001; Resolution No. 8006, Conditional Development Permit No. 2020-0006; Resolution No. 8007, Precise Plan of Design No. 2020-0012; Resolution No. 8008 , Environmental Assessment Review No. 2020 -0007; Including Items on Page 12, a community benefit agreement which is Item No. 4 Project Labor Agreement; Item No. 5, $440,000 to the City of Rialto for c ommercial enforcement two officers for two years 2023-2024; No. 6 $100,000 for a truck scale for the City of Rialto’s commercial code enforcement team and perpetuity to a deed restriction on a land contribute $60,000 per year for top priorities identified by the City and community members.

Funds will not be in the general fund. In addition, the requirement for trucks to only travel from eastbound on Valley Boulevard will be removed from the Conditional Use Permit.
0o0
Council Member Perez recommended for Item No. 5, the $440,000 for commercial code enforcement 2023 -2024 that the start date to begin when the tenants occupy the building.
0o0
Mayor Pro Tem Scott stated he has an objection to that. The purpose is Citywide commercial enforcement not just at this project. It’s for Citywide commercial enforcement.
0o0
Council Member Perez stated she withdraws her recommendation. 0o0

Mayor Robertson recommended five years as opposed to two years for Citywide commercial enforcement. They extended support to the school district for 20 years. We could expect support for five years.

Will my amendment be accepted?
0o0
Council Member Carrizales stated he will accept it so long as it is restated.
0o0
Mayor Robertson stated this is a condition of approval. Either it can be done or not.
0o0
Mr. Birtcher asked Mayor Robertson what was the question. 0o0
Mayor Robertson reiterated her amendment to the motion. Birtcher Development is willing to support two commercial code enforcement officers for the entire city. It needs to be for five years. 0o0
Mr. Birtcher stated they are trying to have the City catch up on a lot of enforcement that the City has not been able to have for other warehouses that have been build in the area.
0o0
Mayor Robertson stated she is not suggesting the start date in 2023-2024.

We have somebody who has made other arrangements that we have no control over. However, jurisdiction is Rialto.

Who is supposed to be the City and community members th at will deal with $60,000 per year. Are we starting another committee? I am in suppo rt of the project labor agreements; people working and being paid wages. I am in support of raising the rate of those w ho will work in the building. Other than that, she will leave it up to the City Council.
0o0
Assistant City Attorney Messinger stated that the appropriate way to would be to vote in approval of all of the Resolutions except for No. 2020-0006 which contains the community benefit agreement if that is where you had some concern.
0o0
Mayor Pro Tem Scott stated that is not what the motion is. 0o0

Mayor Robertson stated let’s take a vote. Roll call please. 0o0
Mayor Pro Tem Scott asked for clarification from the maker of the motion. Are you changing the requirement for the commercial enforcement to be five years instead of two years.
0o0
Council Member Carrizales stated no. That was not part of the motion.

I didn’t make the motion with that added.
0o0
Mayor Robertson stated she withdrew her amendment.
0o0
Assistant City Attorney Messinger stated the motion and second that is on the floor is as read by Mayor Pro Tem Ed Scott.
0o0
Mayor Pro Tem Scott stated all right.
0o0
Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 4 -1 vote to approve Resolution No. 8003; Resolution No. 8004; Resolution No. 8005 Variance No. 2020 -0001; Resolution No. 8006, Conditional Development Permit No. 2020 -0006; Resolution No. 8007, Precise Plan of Design No. 2020-0012; Resolution No. 8008, Environmental Assessment Review No. 2020-0007; Including Items on Page 12, a community benefit agreement which is Item No. 4 Project Labor Agreement; Item No. 5, $440,000 to the City of Rialto for commercial enforcement two officers for two years 2023 -2024; No. 6 $100,000 for a truck scale for the City of Rialto’s commercial code enforcement team and perpetuity to a deed restriction on a land contribute $60,000 per year for top priorities identified by the City and community members. Funds will not be in the general fund. In addition, the requirement for trucks to only travel from eastbound on Valley Boulevard will be removed from the Conditional Use Permit.

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

NOES: Mayor Robertson. ABSTAIN: None. ABSENT: None. 0o0

PUBLIC HEARING
TAB 2
Adopt Resolution No. 8001 and
Adopt Resolution No. 8002

Amy Crow, Administrative Analyst presented staff report to 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. 8001 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Te rritory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2022/2023; and (3) Request City Council to Adopt Resolution No. 8002 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 2022/2023 for said Annexation.
0o0
City Manager Fuller stated this is the continued Public Hearing of the one property that the ballot had not been received on time on Foothill Boulevard.
0o0
City Clerk McGee conducted the special election and read ballots into the record.

LMD 2
PPD 2018-0105: IN SUPPORT
0o0
Motion by Council Member Trujillo second by Council Member Perez and carried by a 5-0 vote to close the Public Hearing.
0o0
Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 5 -0 vote to Adopt Resolution No. 8001 Declaring t he 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 2022/2023; and (3) Request City Council to Adopt Resolution No. 8002 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 2022/2023 for said Annexation. 0o0

Brooks “Barbara Chavez Meeting Room”
Rodney Schmidt, Administrative Analyst presented staff report to Request City Council to (1) Conduct a Public Hearing to consider the Naming of a Meeting Room in the Frances E. Brooks Conference Center located at the Johnson Community Center “Barbara Chavez Meet ing Room”.
0o0
Mayor Robertson asked since when are Public Hearings held to name buildings in the City.
0o0
City Manager Fuller stated it is in the policy.
0o0
Mayor Robertson asked if anyone wished to speak on this Item. 0o0
Public Comment Kareem Gongora s poke in support of the naming of Meeting Room in the Frances E. Brooks Conference Center to “Barbara Chavez Meeting Room.”
0o0
Motion by Mayor Pro Tem Scott second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing.

Mayor Robertson asked what is the action of the board.
0o0
Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 5-0 vote to the Naming of a Meeting Room in the Frances E. Brooks Conference Center located at the Johnson Community Center “Barbara Chavez Meeting Room”.
0o0

NEW BUSINESS
TAB 4
Adopt Resolution No. 8010
Design-Build-Finance-Operate-Maintain a
New Police Station
Pre-Development Agreement
Marcus Fuller, City Manager and Korin Crawford with Griffin Structures presented staff report to Request that the City Council: (1) Adopt Resolution No. 8010 Approving the Selection of Griffin | Swinerton, LLC, a Delaware Limited Liability Company, as the Development Team , Design-Build-Finance-Operate-Maintain a New Police Station ( in Accordance with Government Code Section 5956) Pursuant to Request for Proposals No. 22 -062 Related to Development of a New Police Station on the Site of the Existing Police Station Located at 128 N.

Willow Avenue and Approving a Pre-Development Agreement; and (2) Authorize the City Manager to Execute All Documents.
0o0
Council Member Trujillo inquired on the leasing agreement to own.

Our desire is to start the discussion on City Hall also, and he moves for approval.
0o0
Mayor Robertson stated this starts us on a pathway and that we begin to have a serious conversation about the other needs in this community.

She strongly recommends the City start planning to build a multi - purpose City Hall starting January 2023.
0o0
Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 5-0 vote to : (1) Adopt Resolution No. 8010 Approving the Selection of Griffin | Swinerton, LLC, a Delaware Limited Liability Company , as the Development Team Design -Build-Finance-Operate- Maintain a New Police Station (in Accordance with Government Code Section 5956) Pursuant to Request for Proposals No. 22 -062 Related to Development of a New Police Station on the Site of the Existing Police Station Located at 128 N. Willow Avenue and Approving a Pre - Development Agreement; and (2) Authorize the City Manager to Execute All Documents.
0o0

From those funds, $3.6 million will be allocated towards project. 0o0
Mayor Pro Tem Scott asked if the Sycamore pavement project will be dropped.
0o0
City Manager Fuller stated correct. That street needs repair but the water lines need to be addressed as well.
0o0
Council Member Trujillo asked if the project is being coordinated with the neighboring cities.
0o0
City Manager Fuller stated there are three streets sharing boundaries.

The City of Rialto is working with cities of San Bernardino, Fontana and County of San Bernardino on cooperative agreements to have them pay their fair share.
0o0
Mayor Robertson asked if Meridian Avenue has been assessed from Baseline Avenue to Medrona. What is the condition of the water lines there?
0o0
Mr. Crowley stated he was unaware of the condition of the water lines. It was not part of the list on the asset management that Veolia was assessing, but we can look into it.
0o0
Mayor Robertson is requesting to return and assess it. She expressed concern with some cul-de-sacs that have not been paved. 0o0

City Manager Fuller stated the contract Managed Corporation for all of the street reconstruction work.
0o0
Mayor Robertson asked when the road between Acacia over Sycamore was maintained and Home Street. She has yet to see on the list. There has been no road reconstruction only crack seal.
0o0
DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 36 TAB 5
Construction Contract to Matich
Corporation for the Street Overlay &
Reconstruction Project; Authorize
Purchase Order with Prescience
Corporation
Mayor Pro Tem Scott asked if the resident who spoke knew that his street is listed as need to be paved. It was Lilac Street close to the 210 Freeway.
0o0
City Staff stated they were provided with contact information and will be following up with the resident.
0o0
Council Member Trujillo asked if this project is in coordination with the realignment of Merrill Street.
0o0
Mayor Pro Tem Scott stated that is presently under construction by Cactus and Merrill Avenue.
0o0
City Manager Fuller asked if the City Council moves forward with action, he also asks that they authorize up to $3.6 million to proceed with Veolia with costs to be confirmed with bid prices and final construction work authorization to get project underway and scheduled in advance of when Matich Construction will be so that it coordinates with the water line work so there is no overlap.
0o0
Mayor Robertson requested a punch list on all Sycamore construction projects from Foothill Boulevard to Etiwanda Avenue. She asked if th e curbs will be changed to make certain no one parks on the curb. 0o0
City Manager Fuller stated not all rolled curbs will be changed. 0o0
Mayor Robertson requested the roll curbs need to be addressed and residents need to be notified.
0o0

City Manager Fuller stated it includes all the defected curb gutter and sidewalk that’s along those streets.
0o0
Mayor Pro Tem Scott moved to approve TAB Item 5 including the replacement of the water line at $3.6 million and that the City Manager inspect the curb with modifications to the contract.
0o0

They have already built transfer facilities coming off of the 215 Freeway through 5th Street.
0o0
City Manager Fuller asked for clarification on the streets. 0o0
Mayor Robertson emphasized the transfer facility on 5 th Street at Foothill Boulevard.
0o0

Trucks will be free to drive anywhere.
0o0
Mr. Dorado stated one example is trucks are not allowed to go through north of Valley Boulevard to go through downtown Rialto. That is go od for the community not having a truck route on that corridor. 0o0

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

NOES: None. ABSTAIN: Mayor Robertson. ABSENT: None. 0o0

They are parking unpermitted and the residents are tired of it.

He made a motion to reject the item and request that it be returned with what was asked for.
0o0
Mayor Robertson inquired and had concerns with TAB 7 the way it currently reads.
0o0
Mayor Pro Tem Scott asked why trucks would be allowed to park in that area.
0o0
City Manager Fuller stated it is within the business center, industrial uses.
0o0
Mayor Pro Tem Scott emphasized that is the reason for the emergency ordinance to stop and change it.
0o0
Council Member Trujillo stated there needs to be special postings should specific commercial enforcement is required.
0o0
Mayor Robertson stated the Item does not speak to being an emergency ordinance.
0o0
Mayor Pro Tem Scott stated there is no commercial enforcement.

There are several places in the City where there is illegal truck parking, and the City is not enforcing it.
0o0

It’s part of the Gateway Specific Plan. Freeway commercial not parking. 0o0
Mr. Gonzales stated on the second map it is indicated.
0o0
Motion by Mayor Pro Tem Scott second by Mayor Robertson and carried by a 5-0 vote to reject TAB 7 and request staff to return with a presentation related to an emergency ordinance to stop trucks from parking in unpermitted areas.
0o0
TAB 8
Approve Cooperative Agreement with San
Bernardino County Regarding the Cedar
Avenue/Interstate 10 Freeway Interchange
Project
Alberto Paiva, City Engineer, presented staff report to Request City Council to: (1) Approve a Cooperative Agreement with San Bernardino County in the amount of $6,807,568 Regarding the C edar Avenue/Interstate 10 Freeway Interchange Project; and (2) Authoriz e the City Manager to Execute all Documents.
0o0
Motion by Mayor Robertson second by Mayor Pro Tem Scott and carried by a 5 -0 vote to (1) Approve a Cooperative Agreement with San Bernardino County in the amount of $6,807,568 Regarding the Cedar Avenue/Interstate 10 Freeway Interchange Project; and (2) Authoriz e the City Manager to Execute all Documents.
0o0
TAB 9
Approve the Water Replacement Order
Agreement Extending the Agreement
between the City of Rialto and San
Bernardino County for an additional Three
years to authorize County to utilize from
the Rialto Basin
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to Approve the Water Replacement Order Agreement Extending the Agreement Between the City of Rialto and San Bernardino County for an Additional Three Years, Authorizing County to Continue Utilizing Up to 1,600 Acre-Feet of Water of the City of Rialto’s Water Rights from the Rialto Basin, and Authorizing the City Manager to Execute the Agreement and any Related Documents.
0o0
Motion by Mayor Pro Tem Scott second by Council Member Trujillo and carried by a 5-0 vote to Approve the Water Replacement Order Agreement Extending the Agreement Between the City of Rialto and San Bernardino County for an Additional Three Years, Authorizing County to Continue Utilizing Up to 1,600 Acre-Feet of Water of the City of Rialto’s Water Rights from the Rialto Basin, and Authorizing the City Manager to Execute the Agreement and any Related Documents.

DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 44 TAB 10
Adopt Resolution No. 8011 Amending the
Capital Improvement Program to add
“Rialto Library Study Room Project No.
230203 and appropriate Budget of
$700,000; Approve funding agreement
with the County of San Bernardino
related to Rialto Library Study Room
Tim Sullivan, Director of Maintenance and Facilities, presented staff report to Request City Council to: (1) Adopt Resolution No. 8011 Amending the Capital Improvement Program to Add “Rialto Library Study Room Project, City Project No. 230203” and appropriate Budget of $700,000; (2) Approve a Funding Agreement with the County of San Bernardino related to the Rialto Library Study Room Project; and (3) Authorize the City Manager to Execute all Documents.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5 -0 vote to 1) Adopt Resolution No. 8011 Amending the Capital Improvement Program to Add “Rialto Library Study Room Project, City Project No. 230203” and appropriate Budget of $700,000; (2) Approve a Funding Agreement with the County of San Bernardino related to the Rialto Library Study Room Project; and (3) Authorize the City Manager to Execute all Documents.
0o0
TAB 11
Approve an Increase of Funding through
Enterprise FM Trust for Previously
Authorized Police Department Vehicles;
Authorize the Lease-Financing of Two
For Utility Interceptors; Authorize
Adjustment of Total Lease-Finance for
Model Cancellations and Increased
Pricing from Manufacturer for Previously
Approved Replacement Vehicles
Mark Adams, Police Captain, presented staff report to Request City Council to: (1) Approve an Increase of Funding in the Amount of $422,021.24 to the Lease -Financing Program Through Enterprise FM Trust for Previou sly Authorized Police Department Vehicles; (2) Authorize the Lease -Financing of Two Additional 2023 Ford Utility Interceptors in the Amount of $181,300.63; (3) Authorize Adjustment of Total Lease-Finance Amount to Account for Model Cancellations and Increased Pricing from the Manufacturer for Previously Approved Replacement Vehicles; and (4) Authorize the City Manager to Execute All Related Documents.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 5 -0 vote to (1) Approve an Increase of Funding in the Amount of $422,021.24 to the Lease -Financing Program Through Enterprise FM Trust for Previously Authorized Police Department Vehicles; (2) Authorize the Lease -Financing of Two Additional 2023 Ford Utility Interceptors in the Amount of $181,300.63; (3) Authorize Adjustment of Total Lease -Finance Amount to Account for Model Cancellations and Increased Pricing from the Manufacturer for Previously Approved Replacement Vehicles; and (4) Authorize the City Manager to Execute All Related Documents.
0o0
Community Services Council Member Trujillo gave Community Services report. 0o0
REPORTS The City Council gave their reports.
0o0
DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – November 15, 2022 Page 45

ADJOURNMENT

Motion by Council Member Carrizales, second by Council Member Perez and carried by a 5-0 vote to adjourn the City Council Meeting at 11:08 p.m.

The City Council adjourned in memory of:

Angeline “Angie” Consolo
Rialto Resident

Mildred Kling
Rialto Police Chief Mark Kling’s mother

Christopher Ellis
Former City of Rialto Employee

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 649C9C29-2904-4D12-AE50-9C9017EC1CD3

Rialto City CouncilNovember 15, 2022

Rialto City Council
November 15, 2022