Minutes — Rialto City Council, February 14, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, February 14, 2023

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, February 14, 2023.
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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 Pro Tem Carrizales called the meeting to order at 5:02 p.m. 0o0
The roll was called, and the following were present: Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, Council Member Rafael Trujillo, and Council Member Joe Baca. Also, present were Acting City Manager Arron Brown, City Attorney Eric Vail, and City Clerk Barbara McGee.

Mayor Debor ah Robertson and City Treasurer Edw ard Carrillo were absent.
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CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –

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

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager, Interim City Manager,
City Manager
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Motion by Council Member Trujillo and second by Council Member Baca and carried by a 4-0 vote to go into Closed Session at 5:05 p.m.

Mayor Robertson was absent.
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Mayor Robertson arrived at 5:06 p.m.

The City Council returned from Closed Session at 6:32 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:37 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, Council Member Rafael Trujillo , and Council Member Joe Baca.

Also, present were Acting City Manager Arron Brown, City Attorney Eric Vail, City Clerk Barbara McGee, and City Treasurer Edward Carrillo.
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Pledge of Allegiance and
Invocation
Mayor Deborah Robertson led the pledge of allegiance.
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Pastor Sonny Phillips with St. Paul Ministries gave the Invocation. 0o0

1. CONFERENCE WITH LEGAL COUNSEL –

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

The City Council completed both Items. There was no reportable action.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 274 and 290 Jackson: APNs 0127-311-15 and -16 Under Negotiation: Price and Terms Sale
City Negotiator: Acting City Manager Arron Brown,
City Attorney Eric Vail
Negotiating Parties: City of Rialto as Successor Agency; Mark Erickson
Community Housing
Under Negotiation: Price and Terms Sale
There is no reportable action.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager, Interim City Manager,
City Manager

There is no reportable action.
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PRESENTATION AND

PROCLAMATIONS

1. Introduction of new employee by Arron Brown, Acting City Manager:
• Colby Cataldi - Director of Community Development
• Rudy Zepeda - Police Department - Animal Control
Officer
• Christian Garcia - Community Service Department –
Recreation Programmer
• Roberto Solis - City Clerk Department -
Office Specialist:

2. Acknowledgement of “In Memoriam” for Dr. John Kazalunas – Mayor Robertson
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ORAL COMMUNICATIONS

Tobin Brinker, Rialto Education Association President, addressed and introduced himself as the newly elected president and asked how their association can assist the City and the public. The association would like to partner with the City and make an impact on the community.

He thanked Council Member Trujillo and Council Member Baca for attending the Eisenhower High School event and the City Council for their involvement and support throughout the years.
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Council Member Baca stated there will be a school distr ict meeting on February 15, 2023 and looks forward to working on common issues with the City.

The City Council congratulated and thanked Mr. Brinker on his recent win and for his support. They look forward to working with him in the future.
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Vicky Ola addressed the City Council related to the proposed rezoning in her community.
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Mayor Robertson stated the Planning department staff will be assisting with her questions and concerns with the Rialto Housing Element Rezone Program.
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Brenda Perez addressed the City Council related to the septic tanks in her community. She asked when will her community convert to sewer lines. Her septic tanks need replacing and it is a costly effort. 0o0
Mayor Robertson stated Mr. Crowley, Utilities Manager, will be assisting her with her concerns.
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Council Member Baca stated the City should explore the possibility of seeking Federal assistance to augment the cost.
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Mayor Robertson stated there are grants underway for the City and unincorporated areas of Rialto.

She emphasized that Oral Communications is an opportunity to hear public concerns and attempt to direct staff to assist with questions.

The matter may not be on the agenda. The City Council cannot suggest or imply what direction to go. There are grants, but there is a process. 0o0

She asked that the City Council follow procedure. She emphasized that Items on the agenda are not to be discussed. She stated projects in the City need to be move forward, need to be equitable, that every citizen has an opportunity to speak about issues.
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Victor Hernandez representative with Senator Ochoa Bogh’s Office stated that due to redistricting process, State Senator Ochoa Bogh was recently selected to provide representation for Rialto residents until a new State Senator is voted for in 2024. The new district includes the cities of Rancho Cucamonga, Upland, Fontana, San Bernardino, Highland, Bloomington, Redlands, and Colton. Senator Ochoa Bogh intends to provide every service a duly Senator would normally offer.

Rialto residents will be notified and will be encouraged to contact the Senator’s office.
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Mayor Robertson asked if City Attorney Vail wanted to include statements related to the Oral Communications process.
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City Attorney Vail stated that the City Council has not violated the Brown Act. The Brown Act allows City Council Members to ask questions of public speakers or give direction to staff or ask staff a question. Topics or subjects not on the agenda cannot be debated or discussed.

The City Council has operated within the permissible lines. 0o0

A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 28 (01/26/2023)
B.2 Warrant Resolution No. 29 (02/02/2023)
B.3 Warrant Resolution No. 30 (02/09/2023)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – January 24, 2023

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D. CLAIMS AGAINST THE CITY
D.1 Gloria Jean Hernandez - Personal Injury
D.2 Raymundo Alacaraz Jr. - Vehicle Damage
D.3 Yadira N MedinaRivera - Vehicle Damage
D.4 Nancy M Ochoa - Vehicle Damage
D.5 Baby Jane Cyrene D Adan - Vehicle Damage
D.6 Erika Serrano Cruz - Vehicle Damage
D.7 Dennis Elliot Watlandb - Vehicle Damage
D.8 Allstate Ins. Aso Jonathan Garcia
D.9 Kimberly Avelar Alacron - Vehicle Damage
D.10 Julia Loeffert - Vehicle Damage
DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 7

CONSENT CALENDAR

E. SET PUBLIC HEARING
E.1 Request City Council to: (1) Receive an Update on and end the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) End the Local State of Emergency on February 28th, 2023; (3) Establish an Environmental Health Committee.

E.2 Request City Council to (1) Award Professional On -Call Service Agreements with Dudek, Global Urban Strategies, KOA, MNS Engineers, RPPG, Townsend Public Affairs and Villa Civil for On - Call Grant Writing Services to and (2) Authorize the Acting City Manager to Execute All Documents.

E.3 Request City Council to Approve and Authorize the Transfer of Public Funds for Participation in the calendar 2021 Medi-Cal Rate Range Intergovernmental Transfer Program
E. 4 Request City Council to Adopt Resolution No. 8038 Amending the City’s Investment Policy.
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F. SET A PUBLIC HEARING
F.1 Request City Council to Set a Public Hearing for February 28, 2023, to Consider Amending Interim Urgency Ordinance No. 1677 to Restrict Truck Traffic on Certain Segments of City Roadways Proposed to be Decommissioned as Truck Routes.
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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to adopt the Consent Calendar. 0o0

PUBLIC HEARING
TAB 1
Adopt Resolution No. 8039 and Adopt
Resolution 8040
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) Req uest City Council to Adopt Resolution No. 8039 Declaring the 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. 8040 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.
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Mayor Robertson asked if anyone wished to speak.
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DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 8 TAB 1
Adopt Resolution No. 8039 and Adopt
Resolution 8040
City Clerk McGee stated no.
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to close the Public Hearing.

City Clerk McGee read ballots into the record.

Landscaping and Lighting Maintenance District No. 2
PPD2021-0020: IN SUPPORT
PPD2019-0010: IN SUPPORT
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5 -0 vote to Request City Council to Adopt Resolution No. and Resolution No. 8040.
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TAB 2
Adopt the Overlay Program Pursuant to
the 2021-2029 (Sixth Cycle) General Plan
Housing Element:

Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008

Siri Champion, Senior Planner, presented staff report to Request City Council to Conduct a Public Hearing to Consider and Adopt the Overlay Program Pursuant to the 2021-2029 (Sixth Cycle) General Plan Housing Element Comprised of the following:

Zoning Code Amendment No. 2022-0004: A request to amend the Rialto Municipal Code by adding Chapter 18.116 - Residential Overlay establishing a residential overlay and associated regulations over 223 parcels totaling 302 acres distributed throughout the City and modifying Section 18.22.020 Permitted Uses and Section 18.22.030 Development standards.

Specific Plan Amendment No. 2022 -0006: A request to amend the Foothill Boulevard Specific Plan to establish a residential overlay by reference to the proposed Rialto Municipal Code Chapte r 18.116 - Residential Overlay over approximately 159 acres distributed along Foothill Boulevard.

Specific Plan Amendment No. 2022 -0007: A request to amend the Central Area Specific Plan to establish a residential overlay by reference to the proposed Rialto Municipal Code Chapter 18.116 – Residential Overlay over approximately fourteen (14) acres distributed throughout the Central Area Specific Plan.

Specific Plan Amendment No. 2022 -0008: A request to amend the Gateway Specific Plan to establish a residential overlay by reference to the proposed Rialto Municipal Code Chapter 18.116 – Residential Overlay over approximately twenty (20) acres located generally southeast of the intersection of Riverside Avenue and San Bernardino Avenue.
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Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
Mayor Robertson asked if anyone wish to speak.
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Maria Delgado with Inland Counties Legal Services addressed the City Council related to the comment letter submitted to the City Clerk. She stated that the Housing and Community Development’s review of the City’s fair housing analysis was incomplete in th e draft sixth cycle housing element. She stated the revisions have not been submitted to each city for review and each city has not approved the housing element yet. The Inland Counties Legal Services is requesting – as the City considers site locations – that it is relative to its duty to affirmatively further fair housing.
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Gabriela Mendoza Center for Community Action Environmental Justice, CCAEJ, addressed the City Council requesting to table the Item until further conversations take place related to the housing overlays.

She will forward a letter from the CCAEJ tha t addresses their in -depth concerns for the City Council’s consideration.
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to close the Public Hearing. 0o0
Council Member Baca asked about the residents on Easton Street between Sycamore Avenue and Riverside Avenue and inquired if it would preclude the owners of that property to build a park versus housing.
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Ms. Champion stated it would not preclude them from building a park or anything else. The residential overlay goes over the top of the underlying zoning.
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Council Member Baca stated that many residents would be impacted if housing was completed for safety reasons – potential fire hazards with additional housing.
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Mayor Robertson stated it is an overlay, but it does not preclude a park being built.
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Council Member Trujillo asked if this zone incentivizes the owners of these properties to build housing.
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Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008

Ms. Champion stated there are no special incentives proposed as part of the overlay.
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Council Member Trujillo asked if it would provide some opportunity for property owners to lean toward housing.
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Ms. Champion stated the intent is to identify sufficient land throughout the City to accommodate future housing needs. It does not require anyone to build residential, but should they choose, this will allow it. 0o0
Council Member Trujillo asked if there were tax incentives. 0o0
Ms. Champion stated aside from the City, there may be State programs she’s unaware.
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Council Member Trujillo asked if this would have to be included in the general plan in the future. He asked if all plans need to be incorporated into a bigger plan.
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Ms. Champion stated they need to be combined.
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Council Member Scott asked of City Attorney Vail if any Council Member resides or owns property within a specific distance of the overlays, would they be precluded from voting or participating in the discussion. 0o0

City Attorney Vail stated that if their individual residence is within one of the zoning areas, and it’s less than 25 percent of the population, then there could be a conflict. If it’s an existence house that is not subject of being up zoned, there would not be a conflict. The specific circumstances need to be known to determine if there was a conflict. 0o0
Council Member Scott asked about a Council Member owning business property.
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City Attorney Vail stated that if it is an existing business property within an overlay and there is no contemplation that it will be in an existing commercial area and used as an existing commercial business, it is unlikely that it will have any effect on the value of that business or of that revenue.
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Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
Council Member Scott asked if a property is changed from commercial to a commercial/residential overlay with the permissibility of building five stories, that changes the value of that property.
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City Attorney stated it would depend on how the value of the property is viewed.
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Council Member Scott asked if the City Attorney ’s office performed a review to determine if any Council Member had a potential violation. 0o0
City Attorney Vail stated no. There was no specific situation reviewed related to any Council Member.
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Council Member Scott suggested City Attorney’s office and City staff examine the matter. He would not like for a Council Member to vote on an item and result in a conflict of interest. He has not heard discussions with the Council of potential conflicts.

He asked what the required RHNA number is under the (Sixth Cycle). 0o0
Ms. Champion stated under the (Sixth Cycle) RHNA allocation, there is 8,272 required units.
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Council Member Scott asked if an individual owns a commercial property and decides to only build commercial, the y can; so the residential would not be built in that case.
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Ms. Champion stated correct.
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Council Member Scott asked how one complies with RHNA and how are the residential units in the commercial area moved somewhere else. 0o0
Ms. Champion stated the approach is to plan for a number exceeding the RHNA allocation. Sufficient properties have been identified to accommodate over 16,000 units. Land that is available for development needs to be reviewed at different income levels.
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Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
Council Member Scott asked for clarification on existing commercial zoning -- there are no changes or requirements that have been implemented on commercial buildings as part of this proposed approval. 0o0
Ms. Champion stated that is correct.
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Council Member Scott asked if the commercial zoning had been reviewed on the properties to determine if adjustments were needed. 0o0
Ms. Champion stated they were reviewed. The Foothill Essential Specific Plan update is being worked on to address some issues that have occurred.
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Council Member Scott asked if it will go before the City Council for recommendations for adjustments to commercial zoning.
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Ms. Champion stated correct. It will be done through the Foothill Essential Specific Plan.
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Council Member Scott asked if it can be accomplished even after it has been adopted.
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Council Member Baca asked City Attorney Vail if a Council Member residing near the overlay be in conflict of interest. He lives near the project area and does not want to be in conflict.
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City Attorney Vail stated if you reside within a thousand feet of the overlay area and your property will potentially be redeveloped or up zoned, then it could be a conflict. Within 500 feet, it is considered a conflict of interest.
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Council Member Baca stated it would be more than 500 feet by the Easton area overlay between Riverside Avenue and Sycamore Avenue. 0o0
Mayor Robertson referenced the map and asked about the residential mix use.
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Ms. Champion clarified the residential mix use is the existing underlining zoning. The residential overlay would go over the top.

Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
Mayor Robertson asked if it applies although it is a commercial activity. 0o0
Ms. Champion stated yes.
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Mayor Robertson asked for clarification on other commercial/residential properties in the area. She stated it gives the perception that businesses are being excluded.
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Ms. Champion stated when identification of sites was being determined it began with Foothill Boulevard. The State has specific criteria on lot usage which explains the mixture of locations along the boulevard.

The south side of Riverside Avenue and Foothill Boulevard did not meet the State’s criteria for the site’s identification process. 0o0

Mayor Robertson asked about commercial activity on the north side and how it meets the criteria.
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Ms. Champion stated it is not determined by specific uses. It is determined by criteria such as the size of the lot. Properties on the south side could be smaller than the north side. A thorough examination would need to be conducted to determine the specifics of the location. 0o0
Mayor Robertson stated Chase Bank has a larger footprint than the gas station and it is not identified. It does not seem to follow the logic. 0o0
Ms. Champion stated that would not be the only criteria.

More examination is needed to determine specifics.
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Mayor Robertson stated it would help to determine the reason behind it. 0o0
Council Member Scott stated he needs further clarification on the matter.

He re -emphasized his concerns with a potential conflict of interest .

He stated that the City Council had previously asked to have maps prepared displaying each Council Members residential and business properties to indicate a 500 - and 1000-feet circumference so when an Item comes before the City Council, it can be evident if it is a conflict of interest. It needs to get done. It is the City Council’s responsibility to declare when there is a conflict of interest. The maps will be very helpful.

Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008

Acting City Manager Brown stated the City Council will have the maps by Friday.
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Council Member Baca requested the Item be tabled until further clarification is obtained to determine if there is a conflict of interest among any Council Member.
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Mayor Pro Tem Carrizales agreed with Council Member Baca. 0o0
Mayor Robertson agreed to table the Item.
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Council Member Trujillo asked if there are any consequences should Item be tabled.
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Ms. Champion stated the Permanent Local Housing Allocation - PLHA funding deadline is approaching. The deadline if February 28, 2023.

The Zoning Code Amendment requires a first and second reading. 0o0
Mayor Robertson stated the City Council can act o n the matter, but it will still require the Housing and Community Development - HCD append the application and it may still not go forward. 0o0
Ms. Champion stated correct.
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Mayor Robertson asked about the number of questions remaining on the housing element application.
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Ms. Champion stated two substantial areas remain with questions still in negotiation with the HCD.
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Mayor Robertson asked if the numbers increased.
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Ms. Champion stated no. The number has decreased over time. 0o0

Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
Mayor Robertson stated the City of Rialto is not the only City approaching the deadline. Only 11 out of 24 Cities in the County have had their housing element cleared.
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City Attorney Vail stated enough issues have been raised related to property location that have to be reviewed before the City Council acts on the matter.
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Mayor Robertson reiterated on Council Member Baca’s suggestion.

If information is received, a Special Meeting can take place, and still act on the Item for the February 28, 2023, City Council meeting. 0o0
Council Member Trujillo asked if a Zone Code Amendment first reading can take place in a Special Meeting.
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City Attorney Vail stated it requires to be read in a Regular City Council meeting.
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Mayor Robertson stated she would have to challenge and question it. 0o0
Council Member Trujillo asked if it needs to be held at a Regular meeting due to it being specific to this Public Hearing.
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City Attorney Vail stated to adopt an Ordinance, it requires to be adopted at a Regular City Council meeting.
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Acting City Manager Brown stated 87 out of 197 cities in the local region have approved a housing element.
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Mayor Robertson suggested staying the course to determine if the deadline can be met. It will still require a second reading. 0o0

Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
Acting City Manager Brown asked about the possibility of having an Urgency Ordinance that would waive the Second Reading.
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Mayor Robertson stated there have been occasions when the second reading was waived.
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City Attorney Vail stated he is unaware if it will meet the HCD requirements, but the overlay could be adopted as an Interim Emergency Ordinance for 45 days. It will still require coming before the City Council and adopt the formal Ordinance by the two-step process. 0o0
Acting City Manager Brown stated staff will have a meeting with HCD on Friday, February 17, 2023, to determine if that is a possibility. 0o0
Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Table Tab 2.
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Mayor Pro Tem Carrizales stepped away from the dais at 7:58 p.m. 0o0
TAB 3
Continue Public Hearing to the February
28th, 2023, City Council meeting for the
City of Rialto 2021-2029 (Sixth Cycle)
General Housing Element Update
Siri Champion, Senior Planner presented staff report to Request City Council to Continue the Public Hearing to the February 28th, 2023, City Council meeting for the City of Rialto 2021 -2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021- 0002) as Amended Pursuant to Guidance and Direction from the California Department of Housing and Community Development. 0o0
Council Member Trujillo asked if the same consequences apply to Tab 3 as in Tab 2.
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Ms. Champion stated to qualify for the permanent local housing allocation, a certified housing element and adoption of a rezoning program is required.
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Mayor Pro Tem Carrizales was absent.
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Mayor Pro Tem Carrizales returned to the dais at 8:01 p.m. 0o0

NEW BUSINESS
TAB 4
Adopt Resolution No. 8047; Adopt RUA
Resolution No. 02-23 and Approve the
Final Construction Work Authorization to
Rialto Water Services for 60% Design and
Preparation of a Guarantee Maximum
Price for the Biosolids Handling
Equipment and Purchase of Batteries
and Substation Equipment for the
Microgrid Project
Tom Crowley, Utilities Manager, and Megan Matson, with Rialto Water Services, presented staff report to Request City Council/Rialto Utility Authority Board to (1) Adopt Resolution No. 8047 to Amend the Utility Services Wastewater Budget in Fund 660, (2) Adopt RUA Resolution No. 02 -23 to Amend the Utility Services Wastewater Budget in Fund 660, (3) Approve the Final Construction Work Authorization in the Amount of $3,167,063 to Rialto Water Services for 60% Design and Preparation of a Guarantee Maximum Price for the Biosolids Handling Equipment and the Purchase of Batteries and Substation Equipment for the Microgrid Project, and (4) Authorize the Acting City Manager to Execute All Related Documents.
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Council Member Trujillo asked if there are plans to make up for the remaining 17 percent to be fully self-sufficient.
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Ms. Matson stated there were constraints on the footprint and availability on solar. Based on the microgrid design, elements can be added. The goal excluding this GMP is to reach 100 percent. 0o0
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 5-0 vote to (1) Adopt Resolution No. 8047 to Amend the Utility Services Wastewater Budget in Fund 660, (2) Adopt RUA Resolution No. 02-23 to Amend the Utility Services Wastewater Budget in Fund 660, (3) Approve the Final Construction Work Authorization in the Amount of $3,167,063 to Rialto Water Services for 60% Design and Preparation of a Guarant ee Maximum Price for the Biosolids Handling Equipment and the Purchase of Batteries and Substation Equipment for the Microgrid Project, and (4) Authorize the Acting City Manager to Execute All Related Documents.
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TAB 5
Authorize Purchase Order to Harris &
Associates for the Rialto Stormwater
Asset Inventory
Alberto Paiva, Director or Engineering, presented staff report to Request City Council to: (1) Authorize the Issuance of a Purchase Order to Harris & Associates in the Amount of $254,251 for the Development of Rialto’s Stormwater Asset Inventory; and (2) Authorize the Acting City Manager to Execute all Related Documents.
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DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 18 TAB 5
Authorize Purchase Order to Harris &
Associates for the Rialto Stormwater
Asset Inventory
Mayor Robertson referenced the images provided in the staff report and asked if there was anything in place.
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Director of Engineering Paiva stated the asset information is incomplete.

Intakes and outtakes of all the storm drains are not available.

The assessment is needed to determine inventory. There are hundreds of structures that need to be mapped.
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Acting City Manager Brown stated the City does not possess a GIS layer that provides the digital map. That’s why it’s before the City Council. 0o0
Mayor Robertson requested that all the catch basins created onsite north of Foothill Boulevard be captured. She hopes th e inventory accurately depicts whe re water is being added into the channels and diverting it into the storm drain.
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Mr. Nassar stated the inventory will encompass all the City’s infrastructure. It will capture all the basins and pipelines. The City currently possesses paper maps and an Excel database. It will create an electronic GIS, web-based map available to all City staff, operations, planning and design. It will also provide catch basin information such as locations, dimensions, and source of flow.
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Mayor Robertson stated she looks forward to that.
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Council Member Trujillo asked if it would include the catch basins in the new developments and large businesses.
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Director of Engineering Paiva stated that this assessment will include all public, designed and it is being installed. The whole system will be mapped. Once the inventory is available, private designs connected to public systems will help determine if said system has the flow capacity.

Council Member Trujillo asked about catch basin flow capacity for the lines in the north/south direction.
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Director of Engineering Paiva stated once the inventory is available, dimensions and capacity will be determined.

DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 19 TAB 5
Authorize Purchase Order to Harris &
Associates for the Rialto Stormwater
Asset Inventory
Acting City Manager Brown stated a modific ation will be needed to include private or developer-owned catch basins.
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Mayor Robertson stated there is a need to obtain that information. If it will require additional change, it should proceed.
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Council Member Baca stated the storm drains are outdated. This will help determine what needs to be addressed. He is glad the City is moving in the right direction.
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Motion by Mayor Pro Tem Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to (1) Authorize the Issuance of a Purchase Order to Harris & Associates in the Amount of $254,251 for the Development of Rialto’s Stormwater Asset Inventory; and (2) Authorize the Acting City Manager to Execute all Related Documents. 0o0
TAB 6
Authorize Submission Letter of Intent
regarding the San Bernardino Regional
Housing Trust
Kathy Brann, Economic Development Manager and Monique Ar ellano, with San Bernardino Council of Governments, presented staff report to Request City Council (1) Hear a Presentation on the San Bernardino Regional Housing Trust and (2) Authorize the Submission of a Letter of Intent regarding the San Bernardino Regional Housing Trust. 0o0
Council Member Trujillo asked if urban areas receive more projects than rural areas because of population.
0o0
Ms. Arellano stated the funds are determined by the new trust board.

It’s a smaller group who will make those determinations.

The determinations have not been made.

Council Member Trujillo asked if there is a distribution plan in place. 0o0
Ms. Arellano stated not yet. A list or project priorities is being created based on the jurisdictions that have sent letters.
0o0
Mayor Robertson stated the Housing Trust and the SBCTA Board has been very cautious about making decisions. She asked if the City could utilize any partial funds available towards the Housing Trust to help leverage funds that would be available if the City had a project. 0o0
DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 20 TAB 6
Authorize Submission Letter of Intent
regarding the San Bernardino Regional
Housing Trust
Ms. Arellano stated there are two parts. Relating to the project specific dollars, if the sources are identified, then it can be utilized. Related to the cost allocation coming to the City, the SB Council of Government s has not set any parameters on what fund sources ought to be .

The particulars have not been determined.
0o0
Motion by Mayor Robertson, second by Council Member Trujillo and carried by a 5 -0 vote to Authorize the Submission of a Letter of Intent regarding the San Bernardino Regional Housing Trust.
0o0
TAB 7
Adopt Resolution No. 8048 application
for CalHome Program Funds; Consider
and amend Professional Services
Agreement with Avant-Garde, Inc. to
include additional scope of services,
extend term agreement and additional
compensation to administer the CalHome
Program

Kathy Brann, Economic Development Manager Request the City Council to: (1) Adopt Resolution No. 8048 authorizing an application for CalHome Program Funds; authorizing the City Manager, or designee, to enter into, execute, and deliver all other documents required or deemed necessary or appropriate to evidence and secure the CalHome grant funds; and authorizing Avant -Garde, Inc. to act as the City’s Administrative Subcontractor; and (2) Consider and amend a Professional Services Agreement with Ava nt-Garde, Inc. to include additional scope of services, extend the term of the agreement, and include additional compensation to administer the CalHome Program. 0o0
Mayor Robertson asked about the term agreement extension to Avant-Garde. The current agreement is under the CDBG grant program.
0o0
Council Member Scott asked why this did not go through the bid process.
0o0
Ms. Brann stated this had just been posted on January 6, 2023, and there was a very narrow window.
0o0
Council Member Scott asked if the grant would be somewhere between $100,000 to $5 million.
0o0
Ms. Brann stated correct.
0o0
Council Member Scott asked how was the $475,000 established to Avant-Garde.
0o0
Ms. Brann stated it is based on a percentage per application based on calculations.

Council Member Scott asked how much time was allowed to apply for the grant.
0o0
Mayor Robertson asked if January 6 th, 2023, was the day the notice was received.
0o0
Council Member Scott asked if anyone else couldn’t be found to perform this line of work.

The work Avant -Garde has done related to mobile home is a small amount being expended for mobile home repairs compared to this.

Successful work history for Avant-Garde in other cities was not listed in the agenda item.
0o0
Ms. Brann stated the y were informed that Avant-Garde ha d been successful in Moreno Valley. A representative with AGI who is assisting with the application process provided the information. Those questions were initially asked.
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Council Member Scott stated the City Council will also ask questions and asked if it is not believed the City Council should be provided with the information.
0o0
Ms. Brann stated yes.
0o0
Mayor Robertson asked why this Item was not brought to the EDC meeting if announced on January 6th, 2023.
0o0
Council Member Scott asked when the grant application due date is. 0o0
Ms. Brann stated the end of February.
0o0
Mayor Robertson asked if the deadline is February 28, 2023. 0o0
Ms. Brann stated correct. Due to the short notice, there was not enough time to take it before the EDC meeting.
0o0

The City just underwent an extensive process of reviewing grant writers, and a decision was made. She asked who is writing the grant.

She expressed her concerns with Avant -Garde writing the grant and being awarded the grant, if successful, and administering the grant. 0o0
Lizette Montoya with Avant -Garde is assisting the City with preparing the application for submittal to CalHome. Avant -Garde has extensive experience working with several jurisdictions in managing residential rehab programs. Cities include Moreno Valley, South Gate, El Monte, Cudahy, Rosemead, Montebello, Lynwood, and Rialto with CDBG. 0o0
Mayor Robertson asked if the City of Rialto was the only contractor in the San Bernardino County.
0o0

Ms. Montoya stated yes. One of the requirements with the application is that the agency must demonstrate experience in managing these programs. If the City does not have all the experience, it can designate an administrative subcontractor to qualify for that experience. HCD requires the Cities submit a copy of the agreement with the administrative subcontractor that they will be using for the program with its grant application.

Related to the fee, based on the number of rehabs that will be conducted, an estimate was created on how much it would take to complete each rehab. The City will be billed only based on time spent on each rehab completed. If the grant is secured, administration of the program will begin.
0o0
Council Member Scott asked how many employees Avant-Garde has. 0o0
Ms. Montoya stated 25 employees serving 35 agencies.
0o0
Council Member Scott asked how many individuals would be involved with Rialto’s program.
0o0
DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 23 TAB 7
Adopt Resolution No. 8048 application
for CalHome Program Funds; Consider
and amend Professional Services
Agreement with Avant-Garde, Inc. to
include additional scope of services,
extend term agreement and additional
compensation to administer the CalHome
Program
Ms. Montoya stated three, a grant administrator, income qualifications person, and the person doing inspections.
0o0
Council Member Scott asked how subcontractors are found. 0o0
Ms. Montoya stated they outreach to local contractors and put out to bid.

Once work write up is determined and improvements to the home are identified, notice for bids is assembled and sent out to contractors.

The bidding process also ensures contractors have the necessary license and insurance.
0o0
Mayor Robertson asked if the City participated in and administered the program in-house previously.
0o0
Ms. Brann stated yes it did. Four or five years ago. It was very successful.
0o0

Mayor Robertson emphasized that this Item did not go out for bid, but the process will be that the City will administer those who will provide the services and expect them to bid and provide licenses.

She referenced documents in the staff report relating to Avant-Garde’s last contract and expressed her concerns with the extension of contract approval process. She believes contract extension approvals must go before the City Council.

She asked City Attorney Vail to state this to be out of the ordinary. 0o0
City Attorney Vail stated it is often written into the contract where there’s a define set of term extensions in the original agreement. The authority to extend the contract has been delegated to the City Manager. 0o0
Mayor Robertson asked if approved, how does this add to the existing contract.
0o0
City Attorney Vail stated this would extend the term of the original agreement in 2021. It would extend the term of that original scope of work and add this scope of work to that agreement.
0o0
Acting City Manager Brown stated the NOFA was issued on January 20th and not January 6th, 2023.
0o0
DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 24 TAB 7
Adopt Resolution No. 8048 application
for CalHome Program Funds; Consider
and amend Professional Services
Agreement with Avant-Garde, Inc. to
include additional scope of services,
extend term agreement and additional
compensation to administer the CalHome
Program
Mayor Robertson referenced the notification and asked why it would indicate January 6 th rather than January 20 th, 2023. It seems a rather tight deadline to expect a response.
0o0
Ms. Brann stated it was announced on January 6 th and the release of application on January 20th, 2023.
0o0
Mayor Robertson asked if a response was expected by February 28, 2023.
0o0
Ms. Brann stated correct.
0o0
Mayor Robertson asked what would happen if the City acts on it and the City becomes the deliverer of services.
0o0
Ms. Brann stated the City would not quali fy. The City would have had to administer this type of program for the last two years. It is one of the qualifications.
0o0
Mayor Robertson stated the City does want to receive the resources but is very uncomfortable with the way this is moving and acting on it. 0o0
Council Member Scott stated it is a maximum of $5 million dollars. 0o0
Council Member Baca stated he understands the concerns of the members. He stated the City is at a deadline and has the opportunity to gain funds and does not believe in passing up on the opportunity or the City could lose.
0o0
Mayor Robertson emphasized th e matter has been discussed with CHD, and this is another State agency that set this up. She stated this is placed on Cities to act and deviating from what would normally be expected.

She stated there have been concerns with the d elivery with this company and now it is moving forward extending agreements. We need to look at performance.
0o0

Motion by Council Member Baca, second by Council Member Trujillo and carried by a 3-2 vote to (1) Adopt Resolution No. 8048 authorizing an application for CalHome Program Funds; authorizing the City Manager, or designee, to enter into, execute, and deliver all other documents required or deemed necessary or appropriate to evidence and secure the CalHome grant funds; and authorizing Avant-Garde, Inc. to act as the City’s Administrative Subcontractor; and (2) Consider and amend a Professional Services Agreement with Avant -Garde, Inc. to include additional scope of services, extend the term of the agreement, and include additional compensation to administer the CalHome Program.

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

NOES: Mayor Robertson and Council Member Scott. ABSTAIN: None.

ABSENT: None.
0o0
TAB 8
Introduce Ordinance No. 1680, Amending
Section 5.04.220 of Title 5
Jesse Sanchez, Building Official, presented staff report to Request City Council to Introduce Ordi nance No. 1680, Amending Section 5.04.220 of Title 5 of the Rialto Municipal Code Re lating to Business Licenses and Regulations.

Council Member Trujillo asked about shortening the 12-hour inspection for the business community.
0o0
Mr. Sanchez stated they are actively attempting to shorten the inspection timeframe. The goal is next -day inspections for all building inspection requests.
0o0
Council Member Trujillo asked if permit and certificate issuance timeframe improved.
0o0

Council Member Scott stated this will accelerate the inspections that are behind. This will allow inspectors be where needed. This is a good move for the City. He supports it.
0o0
Council Member Baca asked how this Ordinance applies to non -profit organizations who need a license.
0o0
Mr. Sanchez stated this Item only addresses the requirement of certificate of occupancy for business license. He believes non -profit is a separate item.
0o0
Council Member Baca emphasized and wanted assurance that non-profit organizations do not need to comply or there is an exemption for them.
0o0
City Attorney Vail stated this change only deletes the section regarding the conditions of occupancy. It repeals it from the code. It won’t change the existing licensing scheme or any exemptions for non-profits. It will remove the requirement to submit a certificate of occupancy to obtain a business license.
0o0

Motion by Council Member Baca, second by Council Member Scott and carried by a 5-0 vote to Introduce Ordi nance No. 1680, Amending Section 5.04.220 of Title 5 of the Rialto Municipal Code Re lating to Business Licenses and Regulations.
0o0
TAB 9
Adopt Resolution No. 8049; Approve the
Acceptance of San Bernardino County
Board of Supervisor Discretionary Fund
for Purchase of vehicles and motorcycles
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Adopt Resolution No. 8049 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the Acceptance of San Bernardino County Board of Supervisor Discretionary Fund – District Specific Priorities Program in the Amount of $162,334 for the Purchase of Two (2) Can -Am Maverick Vehicles and Two (2) Zero Electric FXP motorcycles; and (3) Authorize the Acting City Manager or His D esignee to Execute All Documents.

DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 27 TAB 9
Adopt Resolution No. 8049; Approve the
Acceptance of San Bernardino County
Board of Supervisor Discretionary Fund
for Purchase of vehicles and motorcycles
Council Member Baca asked how the funds were received.
0o0
Police Chief Kling stated funds were received from Supervisor Joe Baca Jr.’s Office.
0o0
Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to (1) Adopt Resolution No. 8049 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the Acceptance of San Bernardino County Board of Supervisor Discretionary Fund – District Specific Priorities Program in the Amount of $162,334 for the Purchase of Two (2) Can -Am Maverick Vehicles and Two (2) Zero Electric FXP motorcycles; and (3) Authorize the Acting City Manager or His Designee to Execute All Documents.
0o0
TAB 10
Authorize letter and/or Resolution to
Governor Gavin Newsom to appoint a
State Senator to District 29
Barbara McGee, City Clerk, presented staff report to Request City Council to authorize staff to write a letter and/or draft a Resolution to be sent to California Governor Gavin Newsom asking him to appoint a State Senator to District 29.
0o0
Mayor Robertson expressed her concerns in making a request. She is unclear what would be accomplished asking Governor Newso m to appoint a Senator when a Senator has already been selected to represent the District.
0o0
Council Member Baca stated that he believes that the Senator selected cannot represent a District with its population covering the Cities of San Bernardino, Colton, Rialto, Fontana, Bloomington, Rancho Cucamonga, Redlands, Upland and Highland. The City of Rialto would be lacking in representation and funding. It is requesting Governor Newsom to consider appointing a State Senator for the District otherwise the City would lack the representation needed to influence the City on any project or any item coming before the State. It is impossible for one person to cover the whole area.

As a former State Senator it is the reason th e recommendation was made.
0o0
Mayor Robertson stated Victor Hernandez is representative w ith State Senator Ochoa Bogh’s Office.
0o0
Council Member Baca stated one person cannot cover the whole area. 0o0
DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 14, 2023, Page 28 TAB 10
Authorize letter and/or Resolution to
Governor Gavin Newsom to appoint a
State Senator to District 29
Mayor Robertson stated she believed the Senator is not covering the whole jurisdiction. Mr. Hernandez was informing the City Council what Senator Ochoa Bogh’s 29th District was covering.
0o0

Council Member Trujillo stated there is a current Senator for District 29, Senator Josh Newman from the Chino Hills area. It cannot be referred as District 29. District 29 currently exist. It would create a conflict with the current representation in our County.
0o0
Council Member Scott stated that if Rialto or other jurisdiction in the proposed District 29 needed funding, requests could be submitted directly to the Governor.

He is not in support. It should not be an appointed person. It gives them an advantage in the next election. The voters in the District need to choose whom represents us in the proposed 29th District. 0o0
Mayor Robertson stated prior to Mr. Hernandez, she believed there was no representation. It’s more than just Rialto asking for an appointment.

It would also include Rancho Cucamonga, Upland, Colton, San Bernardino, and Fontana.
0o0
Council Member Baca stated perhaps other Cities will follow suit.

The letter is simply recommending not demanding representation. It is bringing it to the Governor’s attention.
0o0
Mayor Robertson stated she would rather have the Governor recognize that he has an obligation to entertain the City’s request for appropriation rather than requesting to appoint a Senator. The allocations available to all Senators and the Assembly based on the perceived deficit has been reduced from $30 million down to $5 million dollars.
0o0
Council Member Baca stated that does not preclude but enhance the request by having someone represent Rialto.

He made a motion in favor of making a request to Governor Newsom to appoint a Senator to District 29.
0o0
Mayor Robertson asked if there is a second to the motion.

Hearing none, motion dies for lack of a second motion.
0o0

ADJOURNMENT

Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to adjourn the City Council Meeting at 9:39 p.m.

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 370F1524-EF81-4BF5-85AB-16BD251AC255

Rialto City CouncilFebruary 14, 2023

Rialto City Council
February 14, 2023