Minutes — Rialto City Council, December 13, 2022

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, December 13, 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, December 13, 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 6:40 p.m. 0o0
The roll was called, and the following were present: Mayor Deborah Robertson, Council Member Andy Carrizales and Council Member Trujillo. Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.

Also present was Council Member Elect Joe Baca.

Mayor Pro Tem Ed Scott and Council Member Karla Perez were absent. 0o0
Request City Council to Adopt Resolution No. 8013 Declaring the November 8, 2022 General Election Results.
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Motion by Council Member Trujillo and second by Council Member Carrizales and carried by a 3-0 vote to adopt Resolution No. 8013 Declaring the November 8, 2022 General Election Results. 0o0

SWEAR-IN
of Re-Elected Council Member Ed Scott
and
Newly Elected Council Member Joe Baca
Newly elected Council Member Joe Baca was sworn in by Supervisor Joe Baca Jr.

Mayor Pro Tem Scott was sworn in remotely by Deputy City Clerk Maria Rodriguez.

SWEAR-IN
of Re-Elected Council Member Ed Scott
and
Newly Elected Council Member Joe Baca
Council Member Baca thanked everyone and stated it is a historical moment for the City of Rialto to have a father and son from the City of Rialto who have served as Assemblymen from the same City. And now as a father and son as a City Councilmen.

He looks forward to working with the City Council to work on projects in the best interest to the City to have the City continue to prosper and grow.

He continued to thank all the people who exercised their right to vote. 0o0
City Clerk McGee stated for the record that Mayor Pro Tem Scott has been sworn in as re-elected Ed Scott.
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Pledge of Allegiance and
Invocation
Council Member Rafael Trujillo led the pledge of allegiance. 0o0
Pastor Harry Bratton with Greater Faith Grace Bible Church gave the Invocation.
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PRESENTATION AND

PROCLAMATIONS

1. In Memoriam for Angie Consolo – Mayor Deborah Robertson

2. National Family Caregivers Month –
Council Member Rafael Trujillo

3. Special Presentation by Omnitrans –
Council Member Rafael Trujillo

4. Presentation by Compassion Homeless Outreach Program – Erlinda Patterson, Chair
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Mayor Robertson announced the swearing -in ceremony of
Assemblymember Dr. Corey A. Jackson, a former Rialto Commissioner on the school board and Rialto High School graduate.

She also acknowledged Vernell Johnson’s 70th Birthday.
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Council Member Baca acknowledged former City Attorney
Jimmy Gutierrez in the audience.
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ORAL COMMUNICATIONS Mayor Robertson asked if anyone wished to speak. 0o0
Frank Atry, addressed the City Council and made a correction to his public comments from the prior City Council meeting related to animal control staffing in the City of Rialto. He stated the City of Rialto does not currently have a local ordinance requiring pet cat s to be spayed and neutered.

He expressed his concerns with the Omnitrans routing and schedules.

Mayor Robertson removed herself from the dais and passed the gavel to Sr. Council Member Trujillo to conduct the meeting.
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City Attorney Vail stated she has the right to do so.
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Mayor Robertson stepped away from the dais.

Council Member Trujillo will be conducting the meeting. 0o0
Lelia Deborah Robertson, behind the public comment podium addressed the City Council as a Rialto resident expressing her concerns with the Birtcher project at Valley Boulevard and Willow Avenue.

The developer p resented the community benefit in the project. She expressed her concerns with severe environmental impacts with the project, nearby schools. The developer indicated he had discussions with a local environmental advocacy group in support of the project which could not be disclosed or provide further information.

She stated the environmental advocacy group is not connected with the Rialto community and the developer failed to properly mitigate a project.

If the projects continues and the City does not properly require to make changes to make certain that environmenta l impacts would not affect not only schools. The project is in the City of Rialto, but the schools are in the Colton Unified School District. Both school district s have made written requests for traffic arrangements.

She emphasized her concerns and will attempt to secure her own attorney to file against the project. Just because she is the Mayor does not mean she relinquishes her rights to be concerned.
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Mayor Robertson returns to the dais to continue conducting the meeting. 0o0

There were several points and questions that should have been considered including the environmental impact and safety of the students and community. He believed it should have kept it at retail and commercial that would have brought more funds and tax revenue into the City and not impact taxpayers and instead to provide the needs to Fire Department and law enforcement and other needs.

This matter needed a lot more consideration before passing. 0o0
Council Member Joe Baca returned to dais.
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Patricia Bradford addressed the City Council through Zoom related to Omnitrans busses not stopping for passengers and asked to go wait at the next bus stop where homeless people are loitering at the bus stop.

The busses create an environmental impact especially those with respiratory problems.
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Mayor Robertson stated Council Member Trujillo can follow -up with Omnitrans and request video of the bus activity.
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City Council to Consider removing or
continuing any items on the agenda Mayor Robertson requested TAB 6 to be tabled until January 10, 2023.

She asked what the financial impact would be if the moratorium would be in place for a month.
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Motion by Council Member Baca, second by Council Member Trujillo and carried by a 4-0 vote to table TAB 6 until January 10, 2023.

The vote was AYES: Mayor Robertson, Council Member Carrizales, Council Member Trujillo, Council Member Baca.

NOES: None. ABSTAIN: None. ABSENT: Mayor Pro Tem Scott. 0o0

B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 13A (09/30/2022)
B.2 Warrant Resolution No. 19 (11/10/2022)
B.3 Warrant Resolution No. 20 (11/17/2022)
B.4 Warrant Resolution No. 21 (11/23/2022)
B.5 Warrant Resolution No. 22 (12/01/2022)
B.6 Warrant Resolution No. 22a (12/01/2022)
B.7 Warrant Resolution No. 23 (12/08/2022)

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C. APPROVAL OF MINUTES
C.1 Special City Council Meeting – November 15, 2022

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D. CLAIMS AGAINST THE CITY
D.1 Bianca Valenzuela - Personal Injury
D.2 Francisco Albert Spagna - Vehicle Damage
D.3 Julie Russell - Vehicle Damage
D.4 Mercury Ins. (Sean Harrison) - Vehicle Damage
D.5 Claude Louie Jr. - Vehicle Damage
D.6 Shan Yi Bass - Vehicle Damage
D.7 Kyle Wong - Damages

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E. SET PUBLIC HEARING
E.1 Request City Council to 1) Set a Public Hearing for January 10, 2023, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt Resolution No. 8014 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2022/2023; and to 3) Adopt Resolution No. 8015 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2022/2023.

F.2 Request City Council to Adopt Resolution No. 8016 Declaring that Certain 923 Square Feet Parcel Located on the Northerly Side of the Property Located at 1916 N. Riverside Avenue Identified as a Portion of Assessor Parcel Number 0127-023-04 as Surplus Land and Authorizing the City Manager to Execute a Purchase & Sale Agreement with Midland Oil Group, LLC, a California Limited Liability Company.

F.3 Request City Council to: (1) Approve a Construction and Credit Agreement by and between the City of Rialto and Dedeaux Properties LLC, a California Limited Liability Company, Related to the Construction of a Southbound Right Turn Lane on Riverside Avenue at Slover Avenue; and (2) Authorize the City Manager to Execute All Related Documents.

F.4 Request City Council/Rialto Utility Authority Board to: (1) Approve the Second Amendment to the Professional Services Agreement with Soto Resources to Provide Additional As -Needed Grant Writing Assistance for the Rialto Utility Authority and Utilities Division in an Additional Amount of $100,000, and (2) Authorize the City Manager to Execute All Documents.

F.5 Request City Council to Adopt Resolution No. 8017 Approving Parcel Map 20275 for the Subdivision of Land into 2 Single-Family Lots that is Consistent with the R1 -C (Single-Family Residential) Zone and Approving an Associated Subdivision Improvement Agreement.

F.6 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 th e 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
DocuSign Envelope ID: 2BDE0656-9457-4BAA-907C-E20220BDBA16 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – December 13, 2022, Page 7

CONSENT CALENDAR

F.7 Request City Council to Receive, File, and Make Available to the Public the Development Impact Fee Report for the Fiscal Years Ended June 30, 2022.

F.8 Request the City Council to: (1) Approve Amendment No. 3 to the Services Agreement with 4LEAF, Inc., a California corporation, to increase the contract amount by $180,000 for a total of $1,010,814 for Additional Contract Staff Support Services through June 30, 2023; and (2) Authorize the City Manager to Execute All Documents.

F.9 Request City Council to: (1) Approve the Charge Ready Infrastructure and Rebate Participation Agreement with Southern California Edison; and (2) Authorize the City Manager to execute the Charge Ready Infrastructure and Rebate Participation Agreement and all related documents on behalf of the
City of Rialto.

F.10 Request City Council to: (1) Consider Terminating Rialto’s Participation in the Comprehensive Disposal Site Diversion Program (CDSDP); and (2) Authorize the City Manager to execute a CDSDP Termination Letter on behalf of the City of Rialto.

F.11 Request City Council to: (1) Approve the Purchase of Light Towers from Ahern Rentals, Inc., a Nevada Corporation, in the Amount of $117,980.86; and (2) Authorize the City Manager to Execute All Necessary Documents.

F.12 Request the City Council to (1) Approve the New position and Classification Specifications for the position of Assistant City Manager Reclassifying One Deputy City Manager Position (2) Adopt Resolution No.8018 updating Both the Citywide
Classification and Compensation Plan for Full-time and Part-time Employees, and Allocated Positions Plan.
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Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 4-0 vote to approve the Consent Calendar.

Council Member Baca abstained from the November 15, 2022 City Council minutes due to not having been sworn in at that City Council meeting.

Mayor Pro Tem Scott was absent.
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PUBLIC HEARING
TAB 1
General Plan Amendment No. 2022-0003;
Ordinance No.1676 Zone Change No.
2022-0001 related to the Pepper Avenue
Specific Plan

Daniel Casey, Senior Planner, presented staff report to Request City Council Conduct a Public Hearing related to the original Pepper Avenue Specific Plan that was approved in 2017 for Commercial, Open Space, Public Facilities, and Residential Overlay Land Uses and consider Adoption of (1) Resolution No. 8019 approving General Plan Amendment No. 2022-0003, a request to change the general plan land use design ation of approximately 101.7 acres of land from existing Residential 6 and Business Park to Specifi c Plan with a Specific Plan Overlay and (2) Ordinance No. 1676 approving Zone Change No. 2022- 0001, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2022 - 0001 TO CHANGE THE ZONING DESIGNATION OF
APPROXIMATELY 101.7 ACRES OF LAND (APNs: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) GENERALLY

LOCATED EAST OF EUCALYPTUS AVENUE, SOUTH OF THE SR -
210 FREEWAY, WEST OF MERIDIAN AVENUE, AND NORTH OF

WALNUT AVENUE FROM A MIX OF SINGLE FAMILY RESIDENTIAL
(R-1A) AND COMMERCIAL MANUFACTURING (C -M) TO PEPPER
AVENUE SPECIFIC PLAN [Reading by title only and waiving full reading thereof].
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Mayor Robertson opened the Public Hearing.
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City Attorney Vail stated most speakers present are here to speak against a warehouse project and that topic is not before the City Council tonight on TAB 1.
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Mayor Robertson clarified that this Item is related to zoning not the warehouse project.
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Council Member Baca emphasized the Item is related to zoning.

It is not related to a warehouse.
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City Attorney Vail reiterated the description in Item 1 and the changing of the specific plan. The plan moves away from adding a warehouse.

If a future project changes the plan to allow a warehouse, it will have to come before the City Council and the residents will get notice and have an opportunity to either a support or oppose the warehouse. That is not what is before the City Council tonight.
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City Clerk McGee stated there are a total of 14 public speakers. 0o0

PUBLIC HEARING
TAB 1
General Plan Amendment No. 2022-0003;
Ordinance No.1676 Zone Change No.
2022-0001 related to the Pepper Avenue
Specific Plan

Mayor Robertson stated due to the number of people wishing to speak, the time will be reduced to three minutes per speaker.
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William Jernigan addressed the City Council in support of the project.

He referenced a Rialto document from 2017 that was in favor of th e project. He believes the City Council should move forward with the City Council’s vision from 2017 to ensure the northeastern sector of Rialto stays based on the beautification that the City is about. 0o0
Public Comment Michelle Sanchez addressed the City Council in support of this proposal to continue to have a healthy, beautiful Rialto and places to shop. She and over 600 residents that have been spoken to are not in favor of a warehouse and urge the City Council to agree to this proposition. 0o0
Melanie Jernigan addressed the City Council in support for the general plan amendment 2022 -0003 and zone change 2022 -0001 and described the negative impacts trucks bring to a community such as environmental impact and congestion and safety concerns. 0o0
Sandra Heatley addressed the City Council to address the environmental situation on Berlin side of Rialto by east of Pepper and South of Baseline from the nearby trucking company.

She thanked Council Member Baca comments during his campaign for being in favor of breathing in better air quality.
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Mayor Robert son explained to Ms. Heatley that the area she has referenced is located in San Bernardino. She asked Mr. Healtely to focus on the specific plan.
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Issac Calhoun thanked the Mayor and City Council. He expressed his support for the specific general plan.
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Bob Nunez addressed the City Council in opposition to more warehouses.
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PUBLIC HEARING
TAB 1
General Plan Amendment No. 2022-0003;
Ordinance No.1676 Zone Change No.
2022-0001 related to the Pepper Avenue
Specific Plan

Brenda Parker addressed the City Council through Zoom and thanked them for their consciousness of integrity by making sure that the general plan aligns with the Pepper Specific Plan. The plan was adopted in 2017. She supports all the actions that align the gener al plan with the Pepper Specific Plan 2022-0001 and 2022-0003 and is hopeful that the seated Council will support these actions and uphold their agreement and promise to the City of Rialto and community at-large. 0o0
Mayor Robertson thanked everyone who spoke and reminded everyone to focus on the zone of the specific plan and what was discussed. There are additional matters to discuss on TAB 1 and encouraged the public to stay for TAB 2.
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City Clerk McGee stated there is another person who wishes to speak. 0o0
Reverend Charles Lerell addressed the City Council to introduce himself moving forward with discussions on the Pepper Specific Plan and appreciates the City Council listening to his comments and the efforts moving forward.
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Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 4-0 vote to close the Public Hearing.

Mayor Pro Tem Scott was absent.
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Council Member Trujillo requested an internal audit to make certain all plans are aligned with the general plan previously approved. 0o0
City Manager Fuller stated yes.
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Mayor Robertson stated once the specific plan was adopted, the appropriate action should have been to a mend the general plan until it can be updated. The City needs to make certain that the owner of the land will develop projects consisted to the plan. Otherwise, the plan will need to come forward to the body as an amendment the specific plan and the community will then be heard. This is an adjustment that should have been done procedurally when the specific plan was adopted that should have been in the general plan.
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She wanted to clarify that many who petitioned were not Rialto residents and stated that other people cannot weigh in what decisions will be made in this community. She wants to make certain petitioners are Rialto residents expressing themselves and not someone else pushing an agenda.
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City Clerk McGee read Ordinance No. 1676 into the record. 0o0
ORDINANCE NO. 1676

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2022 -0001 TO
CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 101.7
ACRES OF LAND (APNS: 0264 -191- 02, -04, -13, & -14 AND 0264 - 201-08, -25, -27, -28, -29, -30, & -31) GENERALLY LOCATED EAST OF EUCALYPTUS AVENUE, SOUTH OF THE SR -210 FREEWAY,

WEST OF MERIDIAN AVENUE, AND NORTH OF WA LNUT AVENUE
FROM A MIX OF SINGLE -FAMILY RESIDENTIAL (R -1A) AND

COMMERCIAL MANUFACTURING (C -M) TO PEPPER AVENUE
SPECIFIC PLAN.
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Motion by second by Council Member Trujillo and second by Council Member Carrizales carried by a 4-0 vote to approve Resolution 8019 General Plan Amendment No. 2022 -0003 and Ordinance No. 1676 Zone Change No. 2022-0001.

The vote was AYES: Mayor Robertson, Council Member Carrizales, Council Member Trujillo, Council Member Baca.

NOES: None. ABSTAIN: None. ABSENT: Mayor Pro Tem Scott. 0o0
TAB 2
Adopt Interim Urgency Ordinance
No. 1673 Truck Route Moratorium to
Prohibit truck traffic on all streets within
the City of Rialto
Albert Paiva, City Engineer and John Dorado, presented staff report to Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1673 entitled “AN INTERIM URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO,

CALIFORNIA, DESIGNATING TRUCK ROUTES WITH IN THE CITY

OF RIALTO AND ESTABLISHING A MORATORIUM TO PROHIBIT

TRUCK TRAFFIC ON ALL OTHER STREETS WITHIN THE CITY OF
RIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by
Title Only and Declaring the Urgency Thereof.

DocuSign Envelope ID: 2BDE0656-9457-4BAA-907C-E20220BDBA16 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – December 13, 2022, Page 12 TAB 2
Adopt Interim Urgency Ordinance
No. 1673 Truck Route Moratorium to
Prohibit truck traffic on all streets within
the City of Rialto
Mayor Robertson inquired about a restricted route on Baseline that is not listed.
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Mr. Dorado clarified Baseline Avenue to be removed from Cedar/Ayala to City limits.
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Mayor Robertson asked if east City limits would include the extra piece. 0o0
Mr. Dorado stated upon elimination of these routes, the shortest direct route would be through the City of San Bernardino since no truck routes have been established so any street in San Bernardino can be used as a truck route.
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Mayor Robertson asked if anyone wished to speak on the matter. 0o0
Public Comment Gary Grossich congratulated Council Member Baca and Mayor Pro Tem Scott on their election. He addressed the City Council in support of the Urgency Ordinance that will address the problem on Cactus Avenue between Santa Ana and Juropa with the truck traffic in a restricted truck area. He appreciates the work being done to limit the problem. 0o0
Motion by Council Member Trujillo, and second by Council Member Carrizales and carried by a 4-0 vote to close the Public Hearing Mayor Pro Tem Scott was absent.
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Council Member Trujillo thanked staff for their work in organizing the plan. He asked how the residents will know changes are upcoming.

Is there a data base?
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Mr. Dorado stated they would have to do internal work , but that is the general plan to provide public outreach thr ough social media and City website.
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Council Member Trujillo stated he wants to make certain th at City businesses have an understanding of the truck routes.
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It will only be updated to the navigation aspect. Once enact ed, the educational component related to enforcement and warnings would begin. Appropriate signage will then be updated to proactively enforce new truck routes.
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Council Member Baca asked if there is any impact on the current Item with the action the City Council took on November 15, 2022 related to warehouses on Willow Avenue down to Valley Boulevard not knowing who the occupant of the warehouses will be.
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Sergeant Smith stated there would be minimal impact on the tentative truck route. Willow Avenue will be restricted. Direct path of travel would be on Valley Boulevard off the 10 Freeway exiting Riverside Avenue. 0o0
Mayor Robertson believe d this was not part of the moratorium. It was previously discussed that Valley Boulevard truck traffic could not be restricted from one interchange to another.

She wanted clarification that truck traffic would not be restricted. 0o0
Sergeant Smith stat ed correct. Valley Boulevard would remain an active east/west truck route.
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The vehicle code allows for trucks to use a non-truck route 0o0
Council Member Baca asked if it would affect Willow Avenue. 0o0
City Manager Fuller stated it will. The vehicle code allows for trucks to use a non-truck route so long as it is the most direct route. 0o0
Council Member Baca stated it could impact the residents or schools in the area.
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City Manager stated the project was approved with the access off Willow Avenue and Valley Boulevard.
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Mayor Robertson asked when the moratorium becomes effective. 0o0
City Manager Fuller stated it is effective immediately upon approval.

Legally it can be enforced as soon as truck signs come down. Once approved, signage replacement with correct truck route restricti on will take place. Then the police department can begin citing. Word-of-mouth and other communication mediums will begin outreach so education and awareness become known.
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Council Member Baca asked if there are enough officers to enforce. 0o0

Currently, there are enough officers. Once signs are posted, citing can begin.
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Mayor Robertson wanted to make certain that it would not take six months to become effective.
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Sergeant Smith stated the six months pertains to the electronic outreach with Garmin GPS inside vehicles to reflect the new truck routes. 0o0
Mayor Robertson stated there is no reason for a truck to travel from Baseline Avenue to Foothill Boulevard in a non-commercial corridor.

It’s a negative reflection on the City of Rialto. The majority of that road is in San Bernardino and believe it is a gateway to the Rialto area. 0o0
Council Member Trujillo asked about emergency alternative routes and parking issues. He expressed concern about the commercial trucks parking in residential areas and asked about signage plans related to illegal parking.
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Sergeant Smith stated the signage have begun to be placed at the entrances to the City.
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Council Member Carrizales requested bilingual mail notification in a utility bill to inform the public on new restrictions to increase awareness. 0o0
Mayor Robertson encouraged the public to report anything they witness. 0o0
City Clerk McGee read Interim Urgency Ordinance No. 167 3 into the record.
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INTERIM URGENCY ORDINANCE NO. 1673

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF RIALTO, CALIFORNIA, DESIGNATING TRUCK

ROUTES WITHIN THE CITY OF RIALTO AND ESTABLISHING A

MORATORIUM TO PROHIBIT TRUCK TRAFFIC ON ALL OTHER

STREETS WITHIN THE CITY OF RIALTO EXCEPT AS OTHERWISE
PROVIDED BY LAW.
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The vote was AYES: Mayor Robertson, Council Member Carrizales, Council Member Trujillo, Council Member Baca.

NOES: ABSTAIN: None. ABSENT: Mayor Pro Tem Scott
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TAB 3
Adopting Interim Urgency Ordinance
No. 1674 Prohibiting the Establishment
and/or Expansion of Outdoor Storage
Uses for Trailers and/or Truck Yard Uses
in the City of Rialto.

Paul Gonzales, Community Development Manager, presented staff report to Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1674 entitled “AN INTERIM

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIALTO, CALIFORNIA, PROHIBITING THE ESTABLISHMENT

AND/OR EXPANSION OF OUTDOOR STOR AGE USES FOR

TRAILERS AND/OR TRUCK YARD USES IN THE CITY OF RIALTO
EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by Title Only and Declaring the Urgency Thereof. (ACTION) 4/5th Vote Required. 0o0
Public Comment Gary Grossich addressed the City Council to commend and support the work of the City of Rialto in taking a leadership role on this matter. He suggests surrounding communities look at the direction the City is providing. The work needs to be consistent to avoid it traveling from one City to the ne xt. As a City of Colton Planning Commissioner, he has been following what Rialto has been doing, and it is greatly appreciated. 0o0
Motion by Council Member Baca second by Council Member Trujillo and carried by a 4-0 vote to close the Public Hearing.

Mayor Pro Tem Scott was absent.
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City Clerk McGee read Urgency Ordinance No. 1674 into the record. 0o0
URGENCY ORDINANCE NO. 1674

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF RIALTO, CALIFORNIA, PROHIBITING THE

ESTABLISHMENT AND/OR EXPANSION OF OUTDOOR STORAGE
USES AND/OR TRUCK YARD USES FOR A PERIOD OF 45 DAYS

AND DIRECTING THE CITY MANAGER OR HIS DESIGNEES TO

PREPARE AND ISSUE A WRITTEN REPORT DESCRIBING THE

MEASURES WHICH THE CITY W ILL HAVE TAKEN TO ADDRESS
THE CONDITIONS THAT ARE THE SUBJECT OF THIS ORDINANCE.
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Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 4-0 vote to approve Interim Urgency Ordinance No. 1674.

The vote was AYES: Mayor Robertson, Council Member Carrizales, Council Member Trujillo, Council Member Baca.

NOES: None. ABSTAIN: None. ABSENT: Mayor Pro Tem Scott. 0o0
TAB 4
Adopt Ordinance No. 1672 Amending
Chapter 15.08 of the Rialto Municipal
Code and Adopt Resolution No. 8020
Modifications and Changes to the
California Building Code, California
Code, and California Electrical Code as
amended by the State of California
Jesse Sanchez, Chief Building Official, presented staff report to Request City Council to (1) Conduct the Public Hearing and Adop t on Second 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 CALIFOR NIA EXISTING BUILDING CODE, 2022 CALIFORNIA REFERENCED STANDARDS CODE, AND 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
APPENDICES AND AMENDMENTS; and (2) Adopt Resolution
No. 8020 Setting Forth Findings with Respect to Local Climatic and Geographic Conditions to Allow Certain Modifications and Changes to the California Building Code, California Residential Code, and California Electrical Code as amended by the State of California.
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Motion by Council Member Baca second by Council Member Carrizales and carried by a 4-0 vote to close the Public Hearing.

Mayor Pro Tem Scott was absent.
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City Clerk McGee read Ordinance No. 1672 into the record. 0o0
ORDINANCE NO. 1672

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, 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:

INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
APPENDICES AND AMENDMENTS.
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Motion by Council Member Trujillo second by Council Member Baca and carried by a 4-0 vote to approve Ordinance No. 1672 and Resolution No. 8020.

The vote was AYES: Mayor Robertson, Council Member Carrizales, Council Member Trujillo, Council Member Baca.

NOES: NONE. ABSTAIN: None. ABSENT: Mayor Pro Tem Scott 0o0
TAB 5
Adopt Resolution No. 8026 Authorizing
the Filing of Liens Against Certain
Properties for Delinquent Refuse
Accounts with the San Bernardino
County Assessor-Recorder County Clerk
Amy Crow, Administrative Analyst, presented staff report to Request the City Council to: (1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Second Quarter of 2022; and (2) Adopt Resolution No. 8026 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk.
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Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 4-0 vote to close the Public Hearing.

Mayor Pro Tem Scott was absent.

Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 4-0 vote to Adopt Resolution No. 8026 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor -Recorder- County Clerk.

Mayor Pro Tem Scott was absent.
0o0

NEW BUSINESS
TAB 6
Adopt RUA Resolution No. 13-22
Ending the moratorium on water
disconnections and late penalties for
water and wastewater accounts that are
in arrears
TAB 6 was tabled.

A separate contract for treatment will be created to operate those facilities.
0o0
Mayor Robertson want to make certain that the exploratory treatment process that occurred is not being used it.
0o0
Motion by Council Member Trujillo, second by Council Member Baca and carried by a 4-0 vote to (1) Approve an Agreement with Veolia Water West Operating Services, Inc. for Operation and Maintenance of the Combined Remedy Project and Chino Well 2 Groundwater Treatment Systems in the amount of $929,495.15, (2) Approve the Third Amendment to the Four -Party Implementation Agreement Regarding Cost of Operating and Maintaining the Combined Remedies and (3) Authorize the City Manager to Execute All Related Documents.

Mayor Pro Tem Scott was absent.
0o0

DocuSign Envelope ID: 2BDE0656-9457-4BAA-907C-E20220BDBA16 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – December 13, 2022, Page 20 TAB 8
Adopt Resolution No. 8022 Amend the
Utility Services Water and Wastewater
Budget in Fund 680 and Adopt RUA
Resolution No. 14-22 to Amend the Utility
Services Water and Wastewater Budget
in Fund 680
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to: (1) Ado pt Resolution No. 8022 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (2) Adopt RUA Resolution No. 14-22 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (3) Approve Proposal to Provide Year 2023 As Needed Cons ulting Support, Lake Rialto Supplemental Survey, and Supplemental Effluent Monetization Negotiations Services in an Additional Amount of $732,030, and (4) Authorize the City Manager to Execute All Related Documents. 0o0
Mayor Robertson thanked and commended the team for staying focused and staying the course. This is an award-winning project. IEUA and Rialto will move forward demonstrating what can happen and what can occur.
0o0
Council Member Baca asked for more information on Lake Rialto and its location.
0o0
Mayor Robertson stated it is on the south end of the Cit y. It’s a bold retention basin over 10 acres. It is an opportunity to hold recycled water.

She is asking for a full presentation in January. Financial aid was received at the State and Federal level. Ther e will be opportunities for recreational activities and environmental benefits.
0o0
Council Member Trujillo asked if the smart water center will be there.

There are lot of benefits to an indoor educational component. 0o0
Mr. Crowley stated yes.
0o0
Council Member Carrizales emphasized to keep pushing this project forward. Congressman Pete Aguilar is in support of the project, and he is assisting to secure funds. He, too, is also requesting an update d presentation.
0o0
Council Member Baca suggested a public relations announcement to spread awareness of its development.
0o0
Mayor Robertson stated Council Member Baca will receive a field tour. 0o0

Mayor Pro Tem Scott was absent.
0o0
TAB 9
Approve Final Construction Work
Authorization to Rialto Water Services for
Emergency Repair of City Well 4A and
Rehabilitation of Chino Well 2
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to (1) Approve the Final Construction Work Authorization to Rialto Water Services in the amount of $684,304.89 for the Emergency Repair of City We ll 4A and the Rehabilitation of Chino Well 2 and (2) Authorize the City Manager to Execute All Related Documents.
0o0
Mayor Robertson asked if there is a breach security system at Chino Well.
0o0
Mr. Crowley stated there are security lines on all cabinets that trigger to Veolia Water Services. There is an RFP.
0o0
Deputy City Manager Arron Brown confirmed there is an RFP that has closed and currently in evaluation on a security system which includes intrusion cameras.
0o0
Mayor Robertson asked if there are other sites without security. 0o0
Deputy City Manager Brown stated all of them. The RFP includes all of them. It will be resolved soon.
0o0
Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 4 -0 vote to (1) Approve the Final Construction Work Authorization to Rialto Water Services in the amount of $684,304.89 for the Emergency Repair of City Well 4A and the Rehabilitation of Chino Well 2 and (2) Authorize the City Manager to Execute All Related Documents.

Mayor Pro Tem Scott was absent.
0o0

There needs to be a better way to inform and engage the public.

She requested a current map of census tract for Rialto. 0o0
Council Member Trujillo inquired about the noise element and asked if it relates to a noise ordinance or environmental matters not related to residential.
0o0
Henry Eckold, Planner II, with Dudek stated it is related to the environmental clearance aspect, the CEQA process.
0o0
Council Member Trujillo asked if it relates to a noise ordinance. 0o0
Mr. Eckold stated it would not involve the noise element. 0o0
Council Member Trujillo asked if relates to traffic. He emphasized that it is a new layer added to the housing element to include items listed.

For clarification, items being considered is noise related to activity outside of the normal residential noise usually heard.
0o0
Mr. Eckold stated yeah.
0o0
Mayor Robertson believed this is the noise element that has always been part of the list. The noise ordinance Council Member Trujillo is inquiring about is different.
0o0
Ms. Champion stated the noise element is a required element in the general plan. There are current plans to update the noise element. It may be needed in the future for a comprehensive update
0o0

Mayor Pro Tem Scott was absent.
0o0
TAB 11
Introduce Ordinance No. 1675, Amending
Section 5.04.220 and Section 5.74050 of
Title 5 of the Municipal Code related to
Business Licenses and Regulations
TAB 11 was tabled.
0o0
Council Member Baca asked for clarification if a prospective vendor is licensed elsewhere so that it does not attract vendors without an operating license.
0o0
City Manager Fuller stated all vendors invited to participate will be vetted to make certain they are legal and licensed.
0o0
City Attorney Vail asked if in the ordinance it should include that a vendor have an existing business license in another jurisdiction 0o0
Council Member Baca stated he wants to make certain that the vendors meet all the health requirements.
0o0
Council Member Carrizales emphasized the importance of a health department issued license. Most vendors have a health department license.
0o0

DocuSign Envelope ID: 2BDE0656-9457-4BAA-907C-E20220BDBA16 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – December 13, 2022, Page 24 TAB 11
Introduce Ordinance No. 1675, Amending
Section 5.04.220 and Section 5.74050 of
Title 5 of the Municipal Code related to
Business Licenses and Regulations
Mayor Robertson expressed concern with vendors who don’t require a health department license such as entertainment vendors. Will they be allowed to set up at planned events or those who pop up near business areas and play for donations?
She asked if this was referring to only Rialto City events. 0o0
City Manager Fuller stated this is under Chapter 5.74 special event vendors. It does not address pop vendors, which are illegal. These are specific to events lined up in Chapter 5.74
0o0
City Attorney Vail asked if there was anything additional needed to be included applicable to health department or other permit. 0o0
Council Member Carrizales asked if there was a health department requirement already included for food vendors.
0o0
City Attorney Vail stated it is not in the language, but staff normally checks for.
0o0
City Manager Fuller stated there is a process.
0o0
Council Member Carrizales stated if there is a vetting process in place, that is fine.
0o0
Mayor Robertson clarified that the amendment is specifically for City of Rialto events.
0o0
City Attorney Vail stated the Paragraph D is only for City -sponsored events.
0o0
Mayor Robertson clarified when organizations participate in special events on City property, they will not be required.
0o0
City Attorney Vail stated vendors will not be required to have a single or multi-day City business license.
0o0
City Manager Fuller stated it’s only for City-sponsored events. 0o0

He commented that the last City event had the most vendors he had seen in recent months.
0o0
City Treasurer Carrillo informed the City Council that the City of Rialto does not have business license fee-waiver notification for U.S. veterans in their general business license process who by law are exempt of fees. 0o0
Mayor Robertson stated she will be abstaining from TAB 11. She needs more clarification. Further discussion is needed.
0o0
Director of Community Services Alvarado-Crawford, stated currently vendor requirement must be that they have a business license whether it be a food, merchandise or information vendor. It applies to any vendor participating in events on City property. Food vendors must have public health department license from the County. Certain vendors must also provide insurance. Non -profit organizations at information booths struggle with obtaining a business license to hand out information.

Whether our event or someone holding an event on City property, they must still fulfill all the requirements. Every department is represented at our planning meetings where requirements are discussed including County requirements.
0o0
Council Member Baca asked if this could be brought back before the City Council to obtain more clarification.
0o0
Council Member Trujillo asked if the City selects the vendors. 0o0
Director of Community Services Alvarado -Crawford states when an outside organization plans an event with vendors, the City does not approve the selection of vendors unless it’s questionable, then the team discuses. We inform the organization of the requirements will be. 0o0
City Manager Fuller st ated the difference in this case is an exemption on vendors the City has selected for a City-sponsored event.

Groups that are having an event through our special event planning process, those vendors need to obtain a business license. It was meant to incentivize and attract more vendors exclusively at City events. It’s a disincentive to ask a vendor receiving nominal fees from their selling and pay a $200.00 fee for a one-day event.

According to how the Ordinance is written, yes.
0o0
Mayor Robertson stated that is interesting. We’re only retracting it as it relates to moving people through events that are City sponsored.

But they have to provide a permit should it not be a City sponsored event.
0o0
Council Member Carrizales stated he will retract his motion. 0o0
Mayor Robertson asked if there are any matters between now and January.
0o0
City Manager Fuller stated no. The time can be provided to offer clarification so there is no issue.
0o0
City Attorney Vail stated that if the City Council prefers to move forward with the deletion of Section 5.04.220 related to Certificate of Occupancy.

City Attorney Vail detailed the changes that would need to be made. 0o0

TAB 12
Adopt Resolution No. 8023 Amending
FY 2022-2023 Budget to Increase
Budgeted Revenues for Real Property
Sales and authorize a transfer to the
Water Fund 670 and Appropriation for the
Eucalyptus Avenue Water Line
Replacement Project

Marcus Fuller, City Manager, presented staff report to Request City Council to Adopt Resolution No. 8023 Amending the Fiscal Year 2022- 2023 Budget to Increase Budgeted Revenues in the Amount of $9,500,000 for Real Property Sales and Authorize a Transfer of $3,600,000 to the Water Fund 670 and an Appropriation of $3,600,000 for the Eucalyptus Avenue Water Line Replacement Project. 0o0
Mayor Robertson emphasized now there needs to be an improvement on a project that was not budgeted. It wasn’t identified. 0o0
Council Member Trujillo asked if there were other projects that were not covered in the agreement.
0o0
City Manager Fuller stated that he does not believe this type of water line replacement projects were identified as capital projects in the original concession.
0o0
Mayor Robertson stated no one has gone back to verify.
0o0
City Manager stated he is not aware they were because they would have been on the list of capital projects funded in the concession agreement. 0o0
Mayor Robertson stated after an assessment was done, there were items that were removed.
0o0
City Manager Fuller stated there is an effort being completed with Dopudja & Wells on the master plan updates to the wa ter and wastewater system as well as RWS and its operator Veolia doing an asset management plan that will address these issues that are needed for replacement.

He further explained the need for replacement and the budget matter. 0o0

DocuSign Envelope ID: 2BDE0656-9457-4BAA-907C-E20220BDBA16 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – December 13, 2022, Page 28 TAB 12
Adopt Resolution No. 8023 Amending
FY 2022-2023 Budget to Increase
Budgeted Revenues for Real Property
Sales and authorize a transfer to the
Water Fund 670 and Appropriation for the
Eucalyptus Avenue Water Line
Replacement Project
Council Member Baca asked if there are other developments that may occur, or research or assessment done to be able to act prior to deadlines.
0o0
Council Member Trujillo stated that discoveries seem to occur often. 0o0
Council Member Baca directed staff to do research in advance or determine if there are other areas, we need to address in the future to be brought before the City Council.
0o0
Council Member Trujillo emphasized th ey are not covered by the concession agreement.
0o0
City Manager Fuller stated there is a five -year capital improvement program of various wastewater projects to be brought forward to identify all critical projects recommended financed and completed over the next five years.
0o0
Mayor Robertson asked if it has been determined if the other three main corridors have been assessed, on a capital program and Sycamore may have been missed.
0o0
Mr. Crowley stated there is a list of water line repair projects. Etiwanda is one of them. Acacia has sewer-line capacity issues related to sewer lines to meet master plan requirements. All the components are being identified for the five -year plan. The goal is to determine where the projects are that need to be accounted for future improvements for water lines.
0o0
Mayor Robertson asked if there was a water line running down Acacia. 0o0
Mr. Crowley stated there is water line, but they are not listed on the asset management list as needing replacement.
0o0

Mayor Robertson asked if they were ever checked.
0o0
Mr. Crowley stated due to age and need to repair, it has not shown up on the asset management list for it to be replaced at this time. Etiwanda will need significant waterline improvement.
0o0
Motion by Council Member Baca second by Mayor Robertson and carried by a 4-0 vote to Adopt Resolution No. 8023 Amending the Fiscal Year 2022-2023 Budget to Increase Budgeted Revenues in the Amount of $9,500,000 for Real Property Sales and Authorize a Transfer of $3,600,000 to the Water Fund 670 and an Appropriation of $3,600,000 for the Eucalyptus Avenue Water Line Replacement Project.

Mayor Pro Tem Scott was absent.
0o0
TAB 13
Adopt Resolution No. 8024 Amending the
FY 2022-23
Katherine Stevens, Director of Finance, presented staff report to Request City Council to: (1) Receive a Presentation Providing an Overview of the Preliminary General Fund Ending Fiscal Year 221 -22; (2) Adopt Resolution No. 8024 Amending the Fiscal Year 2022 -23 Budget; and (3) Provide Direction to Staff as Appropriate. 0o0
Council Member Trujillo asked about the balance related to the unfunded liability, and if there were gains to the pension from 130 to 98.8.
0o0
Director of Finance Stevens stated that for FY 2021 CalPERS declared investment return at 21.3 percent . An all -time high. For 21 -22, it is expected negative return of 6.1 percent. That is the reason the plan is funded as is.
0o0
Council Member Trujillo asked about the difference in paying CalPERS directly versus the 155 Trust.
0o0
Director of Finance Stevens stated when CalPERS is paid directly, immediate relief is seen rather than a 115 Trust to see growth over long term.

The current interest rate for 2021 for CalPERS plan is good. 0o0
City Manager Fuller stated that a 115 Trust is a long-term, medium-risk investment. The concern is losing value in the near term based on the state of the market.

It is apparent that a direct payment to CalPERS as opposed to the 115 Trust is a better option at the moment. That was the recommendation based on the analysis.
0o0
Council Member Carrizales stated he agrees with paying down the CalPERS.
0o0
Mayor Robertson asked about the growth with the 115 Trust. 0o0
Director of Finance Stevens stated only the normal incremental growth.

The funds from the OPEC trust have been transferred into the shares trust for the PARS 115.
0o0
Mayor Robertson expressed her concern with the $84 mill ion dollar deficit. She inquired what is the action the City Council will take besides addressing the deficit.
0o0
Director of Finance Stevens stated the deficit is for that fiscal year.

The additional appropriations that were rolled over from prior year fund balance are posted in FY 21 -22. The general work fund balance summary, the numbers roll. Forty million dollars of unrestricted revenue is covering those amounts.
0o0
Mayor Robertson emphasized if there was any concern for alarm. 0o0

She made the motion to move forward.
0o0
Council Member Trujillo stated he seconds the motion.

He asked if there are budget projections beyond 2023.
0o0
Director of Finance Stevens stated their contractor is HDL, and they provide annual projections. City budgets 85 percent of it. 0o0
City Manager Fuller stated they do not forecast beyond a year. Despite recession possibilities, there is growth in sales tax from last year to this year.
0o0
Council Member Trujillo asked if there has been growth in our sales tax revenue.
0o0
City Manager Fuller stated no. The last quarter showed modest growth in sales tax revenue. The City holding on to the budgeted revenue for sales tax in the event of a sales tax decline.
0o0
Motion by Mayor Robertson, second by Council Member Trujillo and carried by a 4-0 vote to (1) Receive a Presentation Providing an Overview of the Preliminary General Fund Ending Fiscal Year 221 -22; (2) Adopt Resolution No. 8024 Amending the Fiscal Year 2022 -23 Budget; and (3) Provide Direction to Staff as Appropriate.

Mayor Pro Tem Scott was absent.
0o0
TAB 14
Adopt Resolution No. 8025 Amending the
City’s Investment Policy
Marcus Fuller, City Manager, presented staff report to Request City Council to Adopt Resolution No. 8025 Amending the City’s Investment Policy.
0o0
Council Member Trujillo asked if this would bring an RFP for approval. 0o0
City Manager Fuller stated currently there is no RRP. It will be issued in the first quarter next year to make a permanent selection for advisor. 0o0

The agreement can be canceled within 30 days. It’s meant to be a temporary bridge while the City prepares for the RFP process. 0o0

Motion by Mayor Robertson, second by Council Member Trujillo and carried by a 4-0 vote to Adopt Resolution No. 8025 Amending the City’s Investment Policy.
0o0
Community Services Events Mayor Robertson gave a report. 0o0
REPORTS The City Council and gave their reports.
0o0

ADJOURNMENT

Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 4-0 vote to adjourn the City Council Meeting at 11:29 p.m.

Mayor Pro Tem Scott was absent.

The City Council adjourned in memory of:

Josefa Salinas ,
Radio Personality and City of Rialto Collaborator

Clarence Guillard, Jr.

Actor and Rialto Resident

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 2BDE0656-9457-4BAA-907C-E20220BDBA16

Rialto City CouncilDecember 13, 2022

Rialto City Council
December 13, 2022