Minutes — Rialto City Council, February 28, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, February 28, 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 28, 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 Robertson called the meeting to order at 5:05 p.m. 0o0
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, and City Clerk Barbara McGee.

City Treasurer Edward Carrillo was 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: (18) matters.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager
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Motion by Mayor Pro Tem Carrizales and second by Council Member Baca and carried by a 5-0 vote to go into Closed Session at 5:07 p.m. 0o0
The City Council returned from Closed Session at 6:47 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:48 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor 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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1. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: (18)
The City Council reviewed all Items and gave direction to Special Counsel. There is no reportable action.

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Under Negotiation: Price and Terms Sale
Labor Negotiator: Acting City Manager Arron Brown,
Assistant City Attorney Al Ford and
Human Resources/Risk Management Director Shama Curian
Employee Organizations:
• Executive Management Team
• Management Unrepresented Employees
• Rialto City Employee’s Association (RCEA)
• Rialto Mid-Management & Confidential Employee’s
Association (RMMA)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association - Management
• Rialto Police Benefit Association - General
• Rialto Professional Firefighters of California –
Local 3688
• Unrepresented Employees
The City Council held a conference with labor negotiator and gave direction. There is no reportable action.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: Acting City Manager
The Item was undertaken and completed. There is no reportable action. 0o0

PRESENTATION AND

PROCLAMATIONS
Mayor Pro Tem Carrizales conducted the meeting.
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1. Recognition of Rialto Resident - Maria Molina Solano Council Member Trujillo
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Mayor Robertson returned to the dais at 7:00 p.m.
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ORAL COMMUNICATIONS Tony addressed the City Council and expressed his concern with the truck traffic on Ayala Drive by 210 freeway impacting the local streets.

He states the community is requesting new pavement of streets in the area.
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Mayor Robertson stated that the information will be forwarded to the traffic division commercial enforcement officers.
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City Council to Consider removing or
continuing any items on the agenda Council Member Scott requested Item F. 7 for a separate discussion and separate vote.
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Council Member Baca requested Item. F.8 pulled for discussion. 0o0
Mayor Robertson abstained from Warrant Resolution No. 3 1 (02/16/2023) Voucher No. 228844 made out to the National Council of Negro Women for $3,688.02.

She stated that she will be abstaining from Item, but will revisit this Item request with legal counsel to determine how long it is required to abstain.
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F.7
Three-year Building Facility Joint Use
Agreement between City of Rialto and RUSD
Council Member Scott believed this Item needs to be discussed and not on the Consent Calendar. He asked if this matter went through a school Committee. He expressed his concern with RUSD and stated that the City has not had a good relationship with RUSD i nvolving joint use facilities. This has forced the City to relocate events. He further expressed his concern allowing RUSD banners posted on City property specifically City parks. He believes RUSD should follow the existing Ordinance related to banners.

There should be discussion related to the building facility joint use agreement. The City is usually locked out of facilities most of the time.
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The City has a responsibility to build better relationships and work jointly with RUSD. Decisions made by RUSD, impact the City. The City has to look towards the future and establish relationships that will make the City grow and enhance City image.

The Item did not go through the subcommittee to make its initial recommendations.
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Mayor Robertson stated it is the belief of the City Council to have good relationships. Past concerns have been raised publicly in working with RUSD. She stated that in the past in promoting events mutually , the disclaimer notice when projects are not being promoted or presented by the school district. She believ es it sends a message of disunity.

If moving forward, she requested assurance that the disclaimers will not be posted on City events. She stated that with the willingness to negotiate to improve relationships in using City facilities, it is reciprocated to have the ability to use RUSD facilities. RUSD has a responsibility to help promote this community as well.

She requested Item F.7 be pulled and hav e a conversation to discuss details.
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Council Member Trujillo agrees with Mayor Robertson that a more specific discussion with the subcommittee is needed. He wants to make certain the mutual agreement coincide with what is being propo sed in the Item along with the third-party agreements.
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Motion by Mayor Robertson second by Council Member Scott and carried by a 5-0 vote to table Item F.7 and return to the March 14, 2023 City Council meeting.
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Acting City Manager Brown asked if the Item needed to go before the subcommittee prior to the City Council meeting.
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Mayor Robertson stated there needs to be a subcommittee meeting before the next City Council meeting on March 14, 2023. 0o0

He stated there needs to be more communication with the City Council related to projects moving forward so that everyone is in agreement. 0o0
Council Member Trujillo stated this Item is one form of funding.

The Grant Subcommittee has another list of prospective projects.

For transparency purposes, he suggests the City Council be made aware of all the projects the City is pursuing funding. 0o0
Mayor Robertson suggested all Council Members be notified when there is an opening for grant application.
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Motion by Council Member Trujillo, second by Council Member Scott and carried by a 5 -0 vote to Approve the Recommended Projects for Community Funding through Federal Funding Appropriation Requests with notification to all Council Members when opening of grant applications becomes available.
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 31 (02/16/2023)
B.2 Warrant Resolution No. 32 (02/23/2023)
B.3 Warrant Resolution No. 32a (02/23/2023)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – February 14, 2023

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D. CLAIMS AGAINST THE CITY
D.1 Quincy Royce Carlisle - Vehicle Damage
D.2 Eddy Castro - Damages
D.3 John Viggiano - Vehicle Damage
D.4 Ignacio Penaloza, Janeth Penaloza, Cruz Mayoral - Damages D.5 Juan Madrigal - Damages

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E. SET PUBLIC HEARING
E.1 Request City Council to Adopt Resolution No. 8050 and Set a Public Hearing for March 14, 2023, to Consider Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A.
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F. MISCELLANEOUS
F.1 Request City Council to Adopt by Second Reading ORDINANCE NO. 1680 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RIALTO, CALIFORNIA AMENDING SECTION 5.04.220
OF CHAPTER 5.04 OF TITLE 5 OF THE RIALTO MUNICIPAL

CODE REGARDING BUSINESS LICENSES AN REGULATIONS
F.2 Request City Council to 1) Adopt Resolution No. 8051 Approv ing Tract Map 20207 for the Subdivision of Land into 77 Single-Family Lots of the Neighborhood II of the Lytle Creek Ranch Specific Plan; 2) Approve an Associated Subdivision Improvement Agreement; and 3) Authorize the Acting City Manager to execute all re quired documents.

CONSENT CALENDAR

F.3 Request that the City Council/Rialto Utility Authority Board Receive and File Moratorium Update.
(RECEIVE AND FILE)
F.4 Request City Council to Adopt Resolution No. 8055 Authorizing the Destruction of Certain Obsolete Documents.

F.5 Requests that the City Council: 1) Approve the submission of the Rialto City Park Buildings Replacement Project and the Birdsall Park Building Replacement project to San Bernardino County for ARPA Funding; 2) Authorize the Acting City Manager to Execute all necessary documents.

F.6 Request City Council to Adopt Resolution No. 8052, Terminating the Existence of a Local Emergency.

F.7 Request the City Council to (1) Approve a Three (3) Year Building and Facility Joint Use Agreement between the City of Rialto and the Rialto Unified School District (RUSD), with an option for two, one-year extensions and (2) authorize the Acting City Manager to execute all documents.

F.8 Request City Council Review and Appro ve the Recommended Projects for Community Funding through Federal Funding Appropriation Requests.

F.9 Request City Council to Approve the Continued Participation in the Ground Emergency Medical Transport Program and the
Appropriation Funding as Adopted un der AB1705 as the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (PP -GEMT IGT) and Authorize the City Manager or designee to Execute Program Documents.
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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 with the exception of Item F.7 and Item F.8.

Mayor Robertson abstained from Warrant Resolution No. 31 (02/16/2023) Voucher No. 228844 made out to the National Council of Negro Women for $3,688.02.
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PUBLIC HEARING
TAB 1
Adopt Resolution No. 8056 Authorizing
the Filing of Liens Against Certain
Properties for Delinquent Refuse
Accounts
Amy Crow, Administrative Analyst, presented staff report to Request City Council to: (1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2022; and (2) Adopt Resolution No. 8056 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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Mayor Robertson asked if anyone wished to speak.
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City Clerk McGee stated no.

Paul Gonzales, Community Development Manager, presented staff report to Request the City Council to Conduct a Public Hearing for the Appeal of the Planning Commission’s Decision on November 9, 2022, Approving Conditional Development Permit (CDP) No. 2021 -0047 and Precise Plan of Design (PPD) No. 2021-0061 for the development of a 62,248 square foot industrial warehouse building on 2.84 acres of land (APN: 1133-081-01 & 1133-081-02) located on the southwest corner of Locust Avenue and Stonehurst Drive within General Manufacturing (I - GM) land use district of the Rialto Airport Specific Plan and to consider Resolution No. 8053 denying appellant’s appeal.
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Mayor Robertson asked if anyone wish to speak.
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Mr. Adam Frankel with Lozeau Drury, LLP on behalf of supporters for Alliance for Environmental Responsibility addressed the City Council through Zoom related to the letter submitted. He clarified that the letter submitted is the same letter with the exception of the one -page cover letter. There is no new information. He stated that pursuant to CDP guidelines, exception is allowed where special evidence shows that the project will not have any significant impact to traffic, noise, air quality or water quality. He stated that the exemption is improper and would violate CEQA, California Environmental Quality Act , and requests that the City Council deny the exemption and direct staff to prepare an initial study for the project to determine the appropriate level of environmental review moving forward.
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Ken Jackson the applicant, addressed the City Council related to TAB 2. He asked the City Council to act on the matter and not delay any further.
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Motion by Coun cil Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to close the Public Hearing. 0o0

He was unaware of the letter received today by City Attorney Vail. 0o0
Council Member Scott asked where did the document received today originate from.
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City Clerk McGee stated through an email.
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City Attorney Vail stated it was received from Adam Frankel, who is the attorney’s firm for the appellant.
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Council Member Scott asked if anyone had reviewed it.
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Mr. Gonzales stated no.
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Council Member Scott asked if there was a reason no one had reviewed it.
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Mr. Gonzales stated he does not recall seeing it.
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Acting City Manager Brown stated it arrived yesterday noontime. 0o0
Council Member Scott made a motion to deny the appeal.
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Mayor Robertson referenced the report and asked about the landscaping around the outer perimeter would serve as a swell. It does not appear to be enough drainage to capture water.

Unless there are documents that indicate endangered species, nothing would be found that is endangered. There is no data to indicate the level of air quality.

She asked the applicant if the building will be a spec building or does it have a tenant.
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Mr. Jackson addressed the stormwater matter. The tenant that will occupy is a family business. They are a distributor o f auto parts with 20-25 employees. It’s an expansion for the m. They will own this building.
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Mayor Robertson asked if frontage will be dedicated to potentially widening Locust Avenue.
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It’s many thousands of square feet of land.

The Planning Department and Planning Commission stated 112 conditions of approval that must be met over and above building permit- related items to satisfy the City’s requirements. It was agreed and it will be performed but cannot afford additional pressures by other parties to do something different.
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Mr. Gonzales referred to the presentation image of the project proposal.

He stated all landscaping will be new improvements by the applicant on Stonehurst Drive and Locust Avenue as part of the project.

The sensitive habitat matter, the 2010 General Plan Update does not designate the area a s sensitive habitat. It is in the center of a heavy industrial area. It is used as a conditional permitted use. It is permitted.

The storm drain is an underground in filtration system on the southside underneath the parking area.
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Council Member Scott stated the motion is to deny the appeal and uphold the Planning Commission’s decision.
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Motion by Council Member Scott, second by Mayor Robertson and carried by a 3 -2 vote to deny the appeal and uphold the Planning Commission’s decision on Appeal of the Planning Commission’s Decision on November 9, 2022, Approving Conditional Development Permit (CDP) No. 2021 -0047 and Precise Plan of Desig n (PPD) No. 2021-0061 for the development of a 62,248 square foot industrial warehouse building on 2.84 acres of land (APN: 1133 -081-01 & 1133- 081-02) located on the southwest corner of Locust Avenue and Stonehurst Drive within General Manufacturing (I -GM) land use district of the Rialto Airport Specific Plan and to consider Resolution No. 8053 denying appellant’s appeal
The vote was AYES: Mayor Robertson, Mayor Pro Tem Carrizales, and Council Member Scott.

NOES: Council Member Trujillo and Council Member Baca.

ABSTAIN: None. ABSENT: None.
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Mayor Robertson stated it does not need to go to a continuation. 0o0
City Attorney Vail stated the recommended staff action has been made and passed. The appeal has been overruled and the project has been approved.
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Mayor Robertson asked if anyone wish to speak.
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Maria Delgado with Inland County Legal Services, addressed the City Council related to the changes made without public participation and urge the City to correct the remaining deficiencies in the draft (6th Cycle) Housing Element before adoption and before resubmission to HCD. 0o0
Eduardo Campos with Southwest Mountain States Regional Council of Carpenters addressed the City Council and asked that the language in the 2021-2029 Housing Element General Plan Amendment 2023 -001 requiring that residential development be built with contractors that will hire locally , pay prevailing wage, and utilize apprentices from State- certified apprenticeship training program and explained its benefits. 0o0
Mike Madrid with Southwest Mountain States Regional Council of Carpenters addressed the City Council and asked that the language in the 2021-2029 Housing Element General Plan Amendment 2023 -001 requiring that residential development be built with contractors that will hire locally, pay prevailing wage, and utilize apprentices from State- certified apprenticeship training program and explained its benefits. 0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing.
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Council Member Scott asked if the document received earlier that evening had been reviewed.
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Ms. Champion stated it was received shortly before the City Council and have not had time to review the document.
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In both cases, the comments from the labor union and the ICSE have been reviewed and considered. The City is not obligated to make further changes to the Housing Element.
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Council Member Baca asked if once the building proposal is set, a labor agreement can be recommended.
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City Attorney Vail stated a program would need to be adopted by Ordinance. That can certainly be explored.
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Mayor Pro Tem Carrizales stated he would move for approval if at a later time, a labor agreement can be adopted.
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Council Member Trujillo second with that condition.
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Mayor Robertson referenced the letter and emphasized should an Ordinance be considered later but that is not part of the existing resolution.
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Motion by Mayor Pro Tem Carrizales, second by Council Member Trujillo and carried by a 4 -1 vote to Adopt Resolution No. 8054 (Attachment B) Adopting 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.

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

NOES: Council Member Scott. ABSTAIN: None. ABSENT: None. 0o0

TAB 4
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

Request City Council to Conduct a Public Hearing to Consider and Adopt the Residential Overlay Program Pursuant to the 2021 -2029 (Sixth Cycle) General Plan Housing Element Comprised of the following:
• To adopt Resolution No. 8043 (Exhibit C) approving an Addendum to the previously adopted Mitigated Negativ e Declaration for the 2021 -2029 (6th Cycle) General Plan Housing Element Update (Environmental Assessment Review No. 2022-0083) for the proposed project.
• To introduce for the First Reading, Ordinance No.1681 (Exhibit D) that would approve Zoning Code Amendment No. 2022-0004 to amend the Rialto Municipal Code by adding
Chapter 18.116 (Residential Overlay), modifying Section

18.22.020 (Permitted Uses), and adding Section 18.56.090 (Affordable Housing Projects).
• To adopt Resolution No. 8045 (Exhibit E) approving Specific Plan Amendment No. 2022-0007 to establish a residential overlay in the Central Area Specific Plan and to adopt the attached Resolution No. 8046 (Exhibit F) approving Specific Plan Amendment No. 2022-0008 to establish a residential overlay in the Gateway Specific Plan.
• To introduce for the First Reading, Ordinance No.1682 (Exhibit G) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area D (Properties Located Near North Riverside Avenue and Easton Street).
• To introduce for the First Reading, Ordinance No.1683 (Exhibit H) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area E (Properties Located in the Foothill Boulevard Specific Plan) and to adopt the attached (Resolution No. 8044 (Exhibit I) approving Specific Plan Amendment No. 2022- 0006 to establish a residential overlay in the Foothill Boulevard Specific Plan.
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Mayor Robertson asked if anyone wish to speak.
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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

Zoning Code Amendment No. 2022-0004
Specific Plan Amendment No. 2022-0006
Specific Plan Amendment No. 2022-0007
Specific Plan Amendment No. 2022-0008
City Attorney Vail stated that at the February 14, 2023 City Council meeting, the Council Members asked questions related to conflict of interest. The Planning Department and City Attorney Vail’s Office identified two Council Members who had potential con flict of interest, Mayor Pro Tem Carrizales and Council Member Baca. The conflict of interest arise from the ownership of property within a certain proximity to one of the map areas of what is being adopted.

In the first three action s, everybody can dis cuss and vote on. On the fourth action, Council Member Baca has a potential conflict of interest due to property ownership within proximity to the area.

When Item 4 is discussed, Council Member Baca will recuse himself and exit the dais. After Item 4 has been discussed and acted on, he will return to the dais.

On the fifth action, Mayor Pro Tem Carrizales has a potential conflict of interest due to property ownership in the vicinity.

When Item 5 is discussed, Mayor Pro Tem Carrizales will recuse himself and exit the dais. After Item has been discussed and acted on, he will return to the dais.
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Council Member Scott asked if State law requires each Council Member to openly declare their conflict.
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City Attorney Vail stated the conflict has to be declared on the record, which has been done.
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Council Member Scott stated State law requires each Council Member to do it.
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Council Member Baca stated that the conflict of interest is in reference to the home he has lived in since 1972.
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Mayor Pro Tem Carrizales stated that he will be recusing himself from Ordinance No. 1683 and Resolution No. 8044 due to a conflict of interest related to his business property on 119 E. Foothill Boulevard. 0o0
Council Member Scott emphasized that rules for different Council Members need to stop.

He stated the map areas do not correlate with the staff report. He asked for clarification on the map identification on each Item. 0o0

The PowerPoint presentation had not been updated.
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Council Member Scott stated those documents should not be viewed. 0o0
Ms. Champion stated correct.
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Mayor Robertson stated she appreciates the hard copy information.

At times it becomes unclear as to which document is needed to reference.

She asked for clarification on how the Council Members with a conflict of interest are required to recuse themselves from the Items. 0o0
City Attorney Vail stated when those Items are reached, they will individually and respectively recuse themselves from the discussion and vote.
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Mayor Robertson stated that if the prior adoptions are part of the agenda, it will be helpful. She stated that there are questions that at one time were identified as overlays on commercial property that are not reflected on the report.

She stated the first page needs to be discussed.
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City Attorney Vail stated that is the area Mayor Pro Tem Carrizales will need to recuse himself from discussion.
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Council Member Scott stated he has the same concerns and questions.

He would like to know how things were changed.
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Mayor Pr o Tem Carrizales recused himself from the Ordinance No. 1683 Item and stepped away from the dais at 8:40 p.m.
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Council Member Scott asked about previous maps that were presented at EDC and City Council meetings indicated that certain areas were in overlay east of Riverside Avenue and south of Foothill Boulevard that at one time showed residential/commercial overlay that no longer indicate that.

The HCD now states that area no longer qualifies. They have been removed. He asked what is the justification for the area no longer qualifying.
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DocuSign Envelope ID: AB904ABF-332D-495D-AC9C-AF56AFEADDCC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 28, 2023 Page 19 TAB 4
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
Mr. Barquest stated that the housing element from the State standpoint, sites require to meet certain criteria that have a propensity to change in the planning period in the next eight years.
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Council Member Scott asked what those features and attributes would be.
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Mr. Barquest stated he could list them.
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Council Member Scott asked about several retail -commercial business along that stretch of the road and stated they are all connected to residential properties behind them. Theoretically, they can be converted to residential. He asked what is the criteria for not qualifying. 0o0
Mr. Barquest stated the sites identified in the housing element that have a likelihood for redevelopment over the planning period. That would be in the policy program based on resolution. The Ordinance portion is defining the overlay. The City Council determine s if the properties will be added to the overlay. It’s not that they don’t qualify, the prospect of the properties transitioning in the next eight years, those then meet the RHNA requirements.
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Council Member Scott asked about two gas stations at the same intersection and what would be the difference one being on the overlay and not the other.
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Mr. Barquest stated in the housing element between each parcel there is an explanation for the rationale.

He stated the Shell gas station has more land area for opportunity when compared to the other area. From the standpoint of viability in the next eight years, it would lend itself for a more feasible option than the other gas station.
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Mayor Robertson agreed with Council Member Scott and asked about other properties along the street to determine overlay justification.

She asked what would happen if properties were chosen to be taken out and remove the overlay.
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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
Mr. Barquest stated it is at the discretion of the City Council if boundaries were changed to the parcels so long as the development potential meets the housing elements policy objectives.
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Council Member Scott asked if there has to be an assumption from the State that eventually housing will be built in these areas. 0o0
Mr. Barquest stated yes that what it says.
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Council Member Scott asked why businesses are told that they have the option of either remain ing a commercial property or adding housing if the State expects housing to be built.
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Mr. Barquest stated assumptions are made that not all sites will redevelop. That is the reason for the buffer in housing element. 0o0
Council Member Scott asked if there will be an assumption from the community that this will become housing versus commercial similar to Pepper Avenue.
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Mr. Barquest stated he could not speculate.
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Council Member Trujillo asked if the county pockets were taken in consideration. Will the County be addressing those areas. 0o0
Ms. Champion stated County areas are addressed through the County’s housing element. They are also working through this process. 0o0
Council Member Trujillo stated that those areas will eventually be annexed into the City and will have to be planned for them. 0o0
Ms. Champion stated that at this point, they are not part of the City’s boundaries. They cannot be considered as potent ial land in order to accommodate housing units. They cannot be counted toward City numbers.
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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 Trujillo stated he shares th e same concerns how certain lots are taken into consideration versus others. He asked if a selection formula exists.
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Ms. Champion stated it not a formula. The State has certain requirements and criteria.
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Council Member Baca asked if these overlay recommendations are to establish eligibility funding in the future should anything different is decided to be done whether residential or commercial.
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Ms. Champion stated it does not have to do exclusively with funding opportunities. This residential overlay is an implementation element of the housing element adopted. The City’s obligation is to identify sites and rezone sites where a shortfall exists.
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Council Member Baca asked if it up to the owner to decide. 0o0
Ms. Champion stated correct.
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Mayor Robertson asked about rezoning.
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Ms. Champion stated it’s a residential overlay. The generic term is a rezone.
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Mayor Robertson expressed her concerns. The statement is “overlay” and is not changing the underlying land zoning, but it keeps stating it is a “rezone”.

She referenced parcels in the report and asked if certain corner areas were owned by the City.
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Ms. Champion stated it is not City -owned property. They are parcels within City boundaries.
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City Attorney Vail stated should the City Council need further information, the Item will need to be continued for an additional meeting. 0o0
Council Member Baca asked if there was a deadline.
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DocuSign Envelope ID: AB904ABF-332D-495D-AC9C-AF56AFEADDCC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 28, 2023 Page 22 TAB 4
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
Ms. Champion stated there is no time constraint. She recommends the Item be acted within a reasonable amount of time to avoid threatening the PLHA eligibility funding – within three months.
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Council Member Scott stated this matter has come before the EDC several times and questions have not been answered.
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Mayor Robertson proposed this Item return to the EDC. She is very concerned moving forward.

She asked if there was any response from any landowner along the corridor.
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Ms. Champion stated 20 responses were received with questions from property owners asking what they are allowed to do once adopted. They mainly asked about adding residential units to their properties. These residences are near the overlay areas.
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Mayor Robertson asked if the responses were listed in the staff report. 0o0
Ms. Champion stated they were previously listed in the last report. 0o0
Mayor Robertson requested they be included in future staff reports. 0o0

Ms. Champion clarified that the maps included for the overlay zone were included in the 2021 -2029 Housing Element Update. They were adopted as part of the site’s inventory last March and with the action tonight. They are the same maps. Nothing changed.
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Mayor Robertson stated she would like to see that. She doesn’t know if they are going far enough back.
0o0
Council Member Scott stated it could be before that.
0o0
Council Member Trujillo requested staff review what is planned for in the County areas in north Rialto. The City has an interest in that as well. 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
Ms. Champion clarified that the distribution of sites have been identified in the Housing Element above the 210 Freeway. Those sites are zoned for residential and were used to demonstrate the ability to meet RHNA numbers with current zoning. The intention is to address the shortfall through this residential overlay.
0o0
Mayor Robertson asked when is the next EDC meeting. Then brought to the City Council in a March or April meeting or hold a workshop to address all five items.
0o0
Acting City Manager Brown asked if the EDC meeting should take place first and then determine if workshop is necessary.

The next EDC meeting will take place on March 8, 2023.
0o0
City Attorney Vail stated the City Council will have to decide when to bring back for full discussion to the City Council. The direction will be to send to the EDC first.
0o0
Mayor Robertson suggested to table Item to the April 11, 2023, City Council Meeting.
0o0
Acting City Manager Brown clarified EDC meeting first with the possibility of a workshop.
0o0

Mayor Robertson stated if the Council will meet on April 11, 2023, a few days will be considered for a full workshop.
0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4 -0 vote to continue TAB 4 at the April 11, 2023, City Council Meeting.

Mayor Pro Tem Carrizales was absent.
0o0
Mayor Pro Tem Carrizales returned to the dais at 9:11 p.m. 0o0

Alberto Paiva, Director of Engineering Services and Justin Schlaefli with TKE Engineering presented staff report to Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1684 entitled “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 PROHIBI T 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.
0o0
Mayor Robertson asked if anyone wish to speak.
0o0
City Clerk McGee stated no one.
0o0
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing.
0o0
Mayor Robertson asked for clarification and asked if everyone was clear. She emphasized that the area is on Riverside Avenue between Ayala Avenue and Locust Avenue would be removed. 0o0

Mr. Schlaefli stated that it was reinstated in December 2022 and restored to moratorium status. He referenced the map illustrating final truck routes.
0o0
Motion by Council Member Trujillo, second by Council Member Baca and carried by a 5-0 vote to Adopt Interim Urgency Ordinance No. 1684.

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

NOES: None. ABSTAIN: None. ABSENT: None.
0o0
INTERIM URGENCY ORDINANCE NO.1684

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING INTERIM URGENCY ORDINANCE NO.
1677 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.
0o0

NEW BUSINESS
TAB 6
Approve 2022 Citywide Engineering and
Traffic Survey (E&TS); Introduce First
Reading Ordinance No. 1685
Alberto Paiva, Director of Engineering Services and Justin Schlaefli with TKE Engineering presented staff report to Request City Council to (1) Approve the 2022 Citywide Engineeri ng and Traffic Survey (E&TS) and (2) Introduce for First Reading Ordinance No.1685 Amending Section 10.32.050 of the Rialto Municipal Co de Establishing Prima Facie Speed Limits.
0o0
Mayor Robertson asked about the interaction with the community.

She asked about the 50 to 55 mph speed limit increase on Pepper Avenue and asked if that is correct.
0o0
Mr. Schlaefli stated it is correct. It is from Baseline Avenue to the 210 Freeway on Pepper Avenue.
0o0
Mayor Robertson questioned the speed limit. She asked about the speed bumps in the area.
0o0
Mr. Schlaefli gave an update on the traffic calming. Traffic control requests were received and considered as part of the traffic survey where residents were concerned. An extensive outreach was conducted with staff, PD, and residents to discuss areas of consistent complaints. Public hearings hav e been conducted. Areas of concern from residents were flagged and considered.
0o0

Mayor Robertson asked if the public hearings were listed. She asked about concerns by Frisbie Park and asked what would be recommended with traffic calming situations.
0o0
Mr. Schlaefli stated it is a combination of changing speed limits and reduce them on areas on Easton Street and Eucalyptus Avenue with the use of street calming devices, request for enforcement, radar feedback devices, speed humps and speed-limit reduction.
0o0
Mayor Robertson asked if Easton Street and Eucalyptus Avenue was a curve.
0o0
Mr. Schlaefli stated part of it is and part is on the edge of the City.

There are a lot of complaints.
0o0

Those provisions will be investigated as soon as they become available and bring back to the City Council.
0o0
Council Member Trujillo emphasized Commissioner Chavez ’ fatal car accident on that strip of Foothill Boulevard and wanted to make certain that area is being addressed.
0o0
Council Member Scott asked if the density of the neighborhood is taken into account in a residential neighborhood or strictly street. 0o0
Mr. Schlaefli stated that the density criteria for a residential neighborhood is one of the new elements of AB 43 waiting to go into effect.
0o0

Council Member Scott asked about the speed limits along Willow Avenue. He asked how will Willow Avenue speed limit be reduced.
0o0
Mr. Schlaefli stated the best means is to designate Willow Avenue as a safety corridor once provisions of AB 43 are in effect. 0o0
Council Member Scott asked why north Foothill Boulevard on Willow Avenue qualify for lower speed limits and south of Foothill Avenue did not.
0o0
Mr. Schlaefli stated that on north of Foothill Boulevard strict criteria were met after measuring the street that allowed for speed reduction. On south of Foothill Boulevard, that criteria did not always apply. On south of Merrill Avenue, it did not meet the criteria.
0o0

The citation correlation was not done.
0o0
Sergeant Smith confirmed no specific correlation related to speeding citations issued.
0o0
Council Member Baca asked if that is something that should be considered. It’s related to public safety and the effects it can have. 0o0
Mr. Schlaefli stated citations are not one of the criteria allowed to use in these engineering and traffic surveys. Safety is high consideration. 0o0
Council Member Baca suggested citations should be taken into consideration when making decision on changes in speed limit in an area.
0o0
Mr. Schlaefli stated many of the former surveys are becoming outdated and at risk of not being abl e to be enforced. As the new provisions are written, options will be brought before the City Council. 0o0
Mayor Robertson asked about midblock crossing traffic safety measures. She asked about the speed limit enforcement hours by school zones.
0o0
Mr. Schlaefli stated all school zones are still in place while children are present.
0o0
Mayor Robertson reviewed the speed changes on the report. 0o0
Mr. Schlaefli reviewed the changes in decreased speed limits by Foothill Boulevard.
0o0

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

NOES: None. ABSTAIN: None. ABSENT: None.
0o0
ORDINANCE NO. 1685

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING SECTION 10.32.050 OF THE RIALTO
MUNICIPAL CODE TO ESTABLISH PRIMA FACIE SPEED LIMITS.
0o0
TAB 7
Receive Update on Recent Traffic
Calming Efforts and Responses to
Resident Requests
Alberto Paiva, Director of Engineering Services and Justin Schlaefli with TKE Engineering presented staff report to Request City Council to (1) Receive an Update on Recent Traffic Calming Efforts and Responses to Resident Requests and (2) Provide Direction as Appropriate.
0o0
Mayor Robertson requested on behalf of a City resident on 1027 E. Madrona to determine when the City responded to them. She described the heavy level of traffic in the area and stated nothing has been given to the resident who made request. She would like to see how the City has responded. She is asking where the signature policy arose from.
0o0

Mr. Schlaefli stated it can be explored.
0o0
Council Member Trujillo expressed citizen concerns with their parked vehicles being struck into on the street. He hopes TKE Engineering can be more responsive and address these matters.
0o0
Mr. Schlaefli stated there are several requests on the log that have been awaiting action and finally able to get it before the City Council.

They will look at the rest of the list and explore all the options. 0o0

Mayor Robertson expressed concerns with plant er boxes by the pedestrian crossing. It is a potential concern that has been brought up to Public Works. She requested to know how many responses have been addressed and been resolved.
0o0
City Treasurer Carrillo agreed with Mayor Robertson and shared his experience with planter boxes while crossing the street. It can be very dangerous. He expressed the effectiveness of illuminating crosswalks. 0o0
Mr. Schlaefli stated that is a very effective option and one being considered at that location.
0o0

DocuSign Envelope ID: AB904ABF-332D-495D-AC9C-AF56AFEADDCC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 28, 2023 Page 30 TAB 7
Receive Update on Recent Traffic
Calming Efforts and Responses to
Resident Requests
Mayor Pro Tem Carrizales stated he appreciated the efforts and the new tools coming on board. He moves for approval.
0o0
Council Member Baca appreciated the action. He stated when resident complaints come in, he wants to make certain he follows the protocol with the City Manager that should be in place.
0o0
Mayor Robertson requested a revised policy in 30 days. She asked what is realistically the timeframe to obtain an updated policy. A policy where the community should know where to go.
0o0
Mr. Schlaefli stated this is the direction they were looking for. The clear goal to be better, more responsive and more concrete feedback to residents and not wondering if something was done. They know who it is to be resolved.
0o0
Mayor Robertson a greed with Council Member Baca. It needs to be directed to the City Manager. We would like to see a revised policy to come before the City Council.
0o0
Mr. Schlaefli stated a revised draft policy can be returned in two months after it is presented to the Transportation Commission first. 0o0
The City Council gave direction on Item TAB 7.
0o0
Mayor Robertson stepped away from the dais at 10:25 p.m. 0o0
Mayor Pro Tem Carrizales conducted the meeting.
0o0
TAB 8
Authorize Purchase Order to Psomas to
their On-Call Agreement for Professional
Civil Engineering Services for Design on
Merrill Avenue Safe Routes to School
Improvement Project
Alberto Paiva, Director of Engineering, presented staff report to Request City Council to; (1) Authorize a Purchase Order in the Amount of $239,120, to Psomas pursuant to their On -Call Agreement for Professional Civil Engineering Services for Design of the Merrill Avenue Safe Routes to School Improvements Project, City Project No. 220801; (2) Authorize the City Manager to Execute All Documents 0o0
Mayor Pro Tem Carrizales asked if anyone wished to speak. 0o0
City Clerk McGee stated no.

Mayor Robertson was absent.
0o0
TAB 9
Authorize the Purchase Order to
Proactive Engineering Consultants to
their On Call Agreement Services for
Design of the Sycamore Avenue Safe
Routes to School Improvements Project
Alberto Paiva, Director of Engin eering Services, presented staff report to Request City Council to (1) Authorize a Purchase Order in the Amount of $135,500, to Proactive Engineering Consultants Pursuant to their On Call Agreement for Professional Civil Engineering Services for Design of the Sycamore Avenue Safe Routes to School Improvements Project, City Project No. 220802; (2) Authorize the Acting City Manager to Execute All Documents.
0o0

Motion by Council Member Scott, second by Council Member Baca and carried by a 4-0 vote to (1) Authorize a Purchase Order in the Amount of $135,500, to Proactive Engineering Consultants Pursuant to their On Call Agreement for Professional Civil Engineering Services for Design of the Sycamore Avenue Safe Routes to School Improvements Project, City Project No. 220802; (2) Authorize the Acting City Manager to Execute All Documents.

Mayor Robertson was absent.
0o0
TAB 10
Presentation on the Conceptual Plan for
the Downtown Parking Lot Improvement
Project
Alberto Paiva, Director of Engineering Services, presented staff report to Request City Council to Hear a Presentation on the Conceptual Plan for the Downtown Parking Lot Improvements (Project 230801) and Provide Direction to Staff.
0o0
City Clerk McGee reminded the City Council of a public comment that was received and included in the staff report packet for their review. 0o0
DocuSign Envelope ID: AB904ABF-332D-495D-AC9C-AF56AFEADDCC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 28, 2023 Page 32 TAB 10
Presentation on the Conceptual Plan for
the Downtown Parking Lot Improvement
Project
Council Member Scott asked if there were funds budgeted for the options.
0o0
Director of Engineering Services Paiva stated there is a shortage of funds. The option is presented to obtain guidance from the City Council. 0o0
Council Member Scott agrees with most of the concepts on the report except for the words “Development Services” on the sign . The real purpose of the parking lot is for th e downtown business es to have additional parking.
0o0
Director of Engineering Services Paiva stated noted.
0o0
Council Member Trujillo suggested a discussion to relocate the Chamber of Commerce message board currently at railroad crossing to the monument at the parking lot. He believes the message boards will be more effective at the parking lot as opposed to the railway. 0o0
Acting City Manager Brown stated that will be an Item at the next City Council meeting.
0o0
Council Member Trujillo suggested having City events announced on the message board rather than banners.
0o0
Council Member Baca opposed to having a parking lot at that location.

He believes it is premature. Downtown is not developed or being utilized considerably. There has not been any input from the Rialto Chamber of Commerce in reference to the parking lot. He believes that this lot could be used for other purposes rather than a parking lot that can be more beneficial to the City rather than a lot that will not produce any income into the City.
0o0
Mayor Pro Tem Carrizales suggested building the parking lot on the empty lot east of the proposed lot on Riverside Avenue. 0o0
Acting City Manager Brown stated this was prior direction from the City Council. It was directed at that time.
0o0

The park at night becomes an area of housing for the homeless.

A balance needs to be found and have been trying to find a balance to accommodate.
0o0
Council Member Baca asked about former restaurant
Cuca’s parking lot as an option.
0o0
Mayor Robertson stated that Cuca’s parking is a public lot but does not service the businesses south of Rialto Avenue and the nighttime activity.

At night, there is not enough parking and that is why the City Council needs to act.

The vacant City -owned space in the rear will be used for possibly additional housing.
0o0
Council Member Scott stated he owned a business in the area six years ago, and there was not enough parking back then. There are more businesses now. The lot in the rear is far from downtown business es and there is not enough lighting. The Cuca parking lot is also too far for businesses south of Rialto Avenue. If Downtown Rialto is expected to grow and develop, the City must provide parking. There is limited street parking. It is a problem especially at night.
0o0
Mayor Robertson added that the area will accommodate
EV charging stations and handicap parking.
0o0
Acting City Manager Brown asked for clarification on the EV parking. 0o0

Director of Engineering Services Paiva stated that the total price for the parking lot i s EV ready for future installation based on how many are installed. It will be equipped for eight capable spaces. 0o0
Mayor Robertson stated that it was understood by Edison that a minimum of four is needed and there are funds available for tha t and more.
0o0

The Chamber of Commerce digital board discussion will be before the City Council at the next meeting and bring a myriad of options. 0o0
Mayor Robertson suggested boards with Lamar Advertising in the future which generate revenue. That option should be explored. 0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4-1 vote to Hear a Presentation on the Conceptual Plan for the Downtown Parking Lot Improvements (Project 230801) and Provide Direction to Staf f to include a pricing on digital board, parking pay station and monument sign.

Council Member Baca voted no.
0o0
TAB 11
Approve First Amendment to Agreement
for Services with Bio-Tox Laboratories,
Inc.; Approve Increase to Purchase Order
2023-0504; Approve Issuance of a
Purchase Order for FY2023/2024 for Final
Year of the Agreement Period
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Approve the First Amendment to Agreement for Services with Bio-Tox Laboratories, Inc; (2) Approve $85,000 Increase to Purchase Order 2023 -0504 from $65,000 to $150,000 for Tes ting Services Through June 2023; (3) Approve the Issuance of a Purchase Order for FY2023/2024 in the Amount of $175,000 for the Final Year of the Agreement Period; and (4) Authorize the Acting City Manager or his Designee to Execute all Documents.
0o0

DocuSign Envelope ID: AB904ABF-332D-495D-AC9C-AF56AFEADDCC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 28, 2023 Page 35 TAB 11
Approve First Amendment to Agreement
for Services with Bio-Tox Laboratories,
Inc.; Approve Increase to Purchase Order
2023-0504; Approve Issuance of a
Purchase Order for FY2023/2024 for Final
Year of the Agreement Period
Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5 -0 vote to (1) Approve the First Amendment to Agreement for Services with Bio -Tox Laboratories, Inc; (2) Approve $85,000 Increase to Purchase Order 2023 -0504 from $65,000 t o $150,000 for Testing Services Through June 2023; (3) Approve the Issuance of a Purchase Order for FY2023/2024 in the Amount of $175,000 for the Final Year of the Agreement Period; and (4) Authorize the Acting City Manager or his Designee to Execute all Documents. 0o0
TAB 12
Approve the First Amendment to Service
Agreement with National Public Safety
Group, LLC, Approve Increase to
Purchase Order 2022-0942 for Project
Management Services of the Police
Department’s CAD/RMS System Upgrade
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Approve the First Amendment to the Service Agreement With National Public Safety Group, LLC, a North Carolina Limited Liability Company; (2) Approve $88,033 Increase to Purchase Order 2022-0942 from $105,640 to $193,673 for Project Management Services of the Police Department’s CAD/RMS System Upgrade Through July of 2023; (3) Authorize the Acting City Manager or City Manager to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and (4) Authorize the Acting City Manager or Designee to Execute All Documents Including Any Changes or Increases in Service. 0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5 -0 vote to (1) Approve the First Amendment to the Service Agreement With National Public Safety Group, LLC, a North Carolina Limited Liability Company; (2) Approve $88,033 Increase to Purchase Order 2022 -0942 from $105,640 to $193,673 for Pr oject Management Services of the Police Department’s CAD/RMS System Upgrade Through July of 2023; (3) Authorize the Acting City Manager or City Manager to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and (4) Authorize the Acting C ity Manager or Designee to Execute All Documents Including Any Changes or Increases in Service.
0o0
Community Services Director of Community Services Alvarado-Crawford gave the report. 0o0
REPORTS The City Council gave their reports.
0o0

ADJOURNMENT

Motion by Council Member Baca, second by Council Member Trujillo and carried by a 5-0 vote to adjourn the City Council Meeting at 11:00 p.m.

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: AB904ABF-332D-495D-AC9C-AF56AFEADDCC

Rialto City CouncilFebruary 28, 2023

Rialto City Council
February 28, 2023