Minutes — Rialto City Council, April 25, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, April 25, 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, April 25, 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 5:01 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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1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Two (2) matters:
(1) Pablo Chavez Ortiz_v. City of Rialto et al.,
SBSC Case No. CIVSB2219806
(2) Brown, et al. v. City of Rialto et al.,
SBSC Case No. CIVSB2218336
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ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: Three (3) Matters

 Litigation threatened by Southern California Edison
 Potential City claim against Engineering firm related to street Project
 Assignment of Conflict Counsel

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
One (1) position:

Title: City Attorney
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CLOSED SESSION Motion by Mayor Pro Tem Carrizales and second by Council Member Trujillo and carried by a 5-0 vote to go into Closed Session at 5:04 p.m. 0o0
The City Council returned from Closed Session at 6:25 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:33 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 Pro Tem Andy Carrizales led the pledge of allegiance. 0o0
Pastor Joel Booker – Inland Lighthouse Church.
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1. CONFERENCE WITH LEGAL COUNSEL –

2. CONFERENCE WITH LEGAL COUNSEL –

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

 Litigation threatened by Southern California Edison
 Potential City claim against Engineering firm related to street Project
 Assignment of Conflict Counsel
There is no reportable action.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
One (1) position:

Title: City Attorney
There is no reportable action.
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PRESENTATION AND

PROCLAMATIONS
None.
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ORAL COMMUNICATIONS Frank Montes with the Hispanic Coalition of Small Businesses addressed the City Council advocating on behalf of small businesses on a related agenda item. Small businesses continue to feel the aftereffects of COVID-19 and need a voice from the community and the elected representatives.
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 39 (04/13/2023)
B.2 Warrant Resolution No. 40 (04/20/2023)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – April 11, 2023

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D. CLAIMS AGAINST THE CITY
D.1 Fernando Dominguez - Damages
D.2 Raymond Raya - Damages
D.3 Mercury Insurance – Shan Bass

E. SET PUBLIC HEARING
E.1 Request City Council set a Public Hearing for May 9, 2023, to approve the Naming of a Meeting Room in the Frances E. Brooks Conference Center located at the Johnson Community Center “Linda J. Goffney Meeting Room”.
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CONSENT CALENDAR

F. MISCELLANEOUS
F.1 Request City Council to Approve a Non -financial Memorandum of Understanding between the Department of Public Health,
Environmental Health Services and the City of Rialto to Partner on Food Recovery Efforts that Meet the Requirements of Senate Bill 1383, Effective from the Date of Execution through December 31, 2025, and Authorize the Acting City Manager to Execute all Related Documents.

F.2 Request City Council to: (1) Adopt Resolution No. 8064 Amending the 2022-2023 Fiscal Year Budget (2) Accept Officer Wellness and Mental Health Grant from the Board of State and Community Corrections as Part of the Statewide Mental Health Training Initiative in the Amount of $78,633.26 and (3) Authorize the City Manager or Designee to Execute All Documents.

F.3 Request City Council to 1) Adopt Resolution No. 8065 Approving Parcel Map 20241 for the consolidation of four (4) parcels of land (APNs: 0240-211-21, 0240-211-23, 0240-211-29 & 0240-211-31), located at the northeast corner of Renaissance Parkway and Laurel Avenue, into one (1) 6.94 net acres parcel of land; and 2) Authorize the Acting City Manager to Execute all Related Documents.

F.4 Request City Council to: (1) Approve a Second Amendment to the Professional Services Agreement with AECOM Technical
Services, Inc., a California Corporation, in the amount of $90,049 for Construction Management, Inspection, and Materials Testing Services for Riverside Avenue from SR-210 to Foothill Boulevard, City Project No. 210807; and (2) Authorize the Acting City Manager to Execute all Related Documents.

F.5 Request City Council Approve an Application for $80,000 in Grant Funding for the implementation of SolarAPP+
F.6 Request City Council to: 1) Award a Construction Contract to Unlimited Environmental Inc., a California Corporation, in the amount of $142,710.28 for J&K Auto Body Demolition, City Project No. 230205; 2) Authorize a Purchase Order in the amount of $83,431.00 with Fountainhead Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for J&K Auto Body Demolition, City Project No. 230205; and 3) Authorize the City Manager to Execute all Related Documents.
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Motion by Council Membe r Trujillo, second by Council Member Carrizales and carried by a 5-0 vote to adopt the Consent Calendar. 0o0

PUBLIC HEARING
TAB 1
Pepper Avenue Specific Plan
Amendment and Industrial Development
Project

Daniel Casey, Senior Planner, presented staff report to Request City Council Conduct a Public Hearing to consider (1) Specific Plan Amendment No. 2020 -0002, a request to amend the Pepper Avenue Specific Plan to allow a new “Light Industrial” land use designation and development standards, divide Planning Area 1 into two (2) Planning Areas - Planning Area 1 (2.63 acres) and Planning Area 10 (11.64 acres), change the land use designations of Planning Areas 2, 3, and 10 from Community Commercial to Light Industrial, add various traffic circulation improvements, and textual and graphical amendments, (2) Conditional Development Permit No. 2020-0008, a request to allow the development and use of a 470,000 square foot industrial warehouse building on approximately 23.82 acres of land within Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, (3) Precise Plan of Design No. 2020-0014, a request for site and architectural review for a proposed 470,000 square foot industrial warehouse building on approximately

23.82 acres of land within Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, and (4) a Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020 -0010) prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
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City Attorney Vail recommends opening up the Public Hearing prior to the Applicant addressing the City Council. He asked that speakers state whether in favor or against the project then provide the Applicant with a 3–5-minute rebuttal.
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Mayor Robertson stated time allowance will be determined based on the number of speakers to either two or three minutes.
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City Attorney Vail stated correct.
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Council Member Scott asked if this Item is an appeal from the Planning Commission decision.
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City Attorney Vail stated it is not an appeal. The Planning Commission cannot approve a legislative action – an amendment to the specific plan.

It must come before the City Council for approval in the first instance. 0o0
Mayor Robertson opened the Public Hearing so the Applicant can speak and asked how many people have expressed desire to speak. 0o0

1. Specific Plan and Project Overview

2. Community Outreach Summary

3. Community Benefits Description
 Real Journey Academics
 National Latina Businesswomen Association
 Commercial Truck Enforcement & Police Station
 Community Infrastructure
 Job Creation
 Sustainability

4. Traffic Reduction

5. Staff Report Clarifications

6. EIR Analysis Overview
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Mayor Robertson asked the public to keep public comments to maximum of three minutes or fewer, so everyone has an opportunity to be heard.
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Mayor Robertson publicly acknowledged written comments received for either support or in opposition of Pepper Avenue Specific Plan Amendment.
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Public Comment Tina Brown addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Tim Curan addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Michelle Sanchez addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Gabriela Valenzuela addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project.
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Efrain Valenzuela addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0

DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 8 TAB 1
Pepper Avenue Specific Plan
Amendment and Industrial Development
Project
Sabino Lopez addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
William Jernigan addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Reverent Charles addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Eduardo Campos addressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
John Peukert addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Anita Peukert addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Farrah addressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project.
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Bob Guiness addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Frank Montes addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Raquel Fuentes addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0

DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 9 TAB 1
Pepper Avenue Specific Plan
Amendment and Industrial Development
Project
Courtney Smith addressed the City Council and expressed her support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Brenda Parker addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Zalen Reed addressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Lupe Camacho addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Andrew King addressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Celia Sarabia addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Mirna Ruiz addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Marvin Norman addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Maria Molina addressed the City Council and expressed her support for the small business community.
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Resident addressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Francisco Boslos addressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Speaker a ddressed the City Council and expressed support to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0

DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 10 TAB 1
Pepper Avenue Specific Plan
Amendment and Industrial Development
Project
Wilda Calhoun addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Mr. Howard, Applicant, gave closing remarks on Pepper Avenue Specific Plan Amendment and Industrial Development Project . He expressed his commitment to the City of Rialto and providing the best quality development possible and his commitment to the community benefit agreement and have one of the most positive significant impacts in the community.
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Motion by Council Member Trujillo , second by Council Member Scott and carried by a 5-0 vote to close the Public Hearing.
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Mayor Pro Tem Carrizales inquired about the specific plan and asked how many times it went before the International Council of Shopping Center (ICSC) with that specific development land.
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Mr. Casey stated that since the specific plan adoption, it has been presented to the International Council of Shopping Center ( ICSC) four times.
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Mayor Pro Tem Carrizales asked why a Target store, grocery store or restaurant been an option. He asked why that development cannot be brought to that specific area.
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Mr. Casey stated no retailer has proposed that type of development. 0o0
Mayor Pro Tem Carrizales asked about smaller business es or tech industry that offer higher wage employment.
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Ms. Casey stated that th e proposal for distribution warehouses specifically the Planning Areas 2,3 and 10. There is retail interest for the west side of the Pepper Avenue Specific Plan in the untouched areas of the amendment that remains a commercial area. There are applications for a gas station and retail pads. That is the extent of the proposals.
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TAB 1
Pepper Avenue Specific Plan
Amendment and Industrial Development
Project
Council Member Scott asked if all the properties were within a fire zone. 0o0
Mr. Casey stated he would have to research to confirm.
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Council Member Scott asked about the earthquake study done and about the slippy twist detection during the depth of the trench. 0o0
Mr. Casey stated that there are no active faults in the location where the warehouse is proposed.
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Council Member Scott asked if this area is a flood plain due to Lytle Creek.
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Mr. Casey stated he would need to obtain confirmation on project site designation. There is the flood watch adjacent.
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Council Member Scott asked for insurance purposes, building houses in any retail there would be an issue to building anything in a flood zone, earthquake zone or fire zone. He asked if there has been housing builders with proposals. He also asked what is the residential zoning on that overlay.
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Mr. Casey stated he is not aware of any specific proposals for residential development in that site. It is community commercial with residential overlay.
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Council Member Scott asked what the zoning of the residential should someone choose to build residential.
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Mr. Casey stated it would indicate Pepper Avenue Specific Plan Community Commercial Residential Overlay.
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Council Member Scott asked if apartments or single-family housing could possibly be.
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The EDC does not direct or have the authority to direct. The Applicant may have been communicated that the process needs to go through the appropriate channels, Planning Commission then before the City Council.
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Mr. Casey stated he agreed.
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Council Member Scott publicly thanked and acknowledged Mr. Casey and for all his years of service, knowledge, and dedication to the City of Rialto. He is a great employee for the City.
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Mr. Howard returned to address the City Council.
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Target Stores have decided to pursue a site in San Bernardino but unsuccessful in Rialto.
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Council Member Scott emphasized that this community wants a Target and the City and developers have attempted but Target will not come here.
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Mr. Howard stated bringing a Target Store to Rialto would have been a great accomplishment, but they were unsuccessful.
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Council Member Scott asked if he is the current owner of PA 2 and PA 3, and how much the property was paid for.
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Mr. Howard stated in the $20-50 million dollar range.
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Council Member Scott asked about the cost for the entitlement process. 0o0
Mr. Howard stated millions of dollars for environmental consultants , engineers, and environmental studies.
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Council Member Scott asked if there was an indication from someone in the City that this project may be supported.
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Mr. Howard stated they had worked collaboratively with the City to attempt to expose this property to different users.
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Council Member Scott asked why the presentation was not able to go before the Planning Commission.
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He asked if the developer has to approve the ag reement before a commercial business enters because they own the property. 0o0
Mr. Casey stated yes. Landlord approval is required in order to file an application with the City.
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Council Member Baca asked if it is possible to have had retail or commercial business but required developer approval was needed first because there are four entities that own that property. 0o0
Mr. Casey stated the City staff would require landlord approval should that be a proposal.
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He asked if the developer is aware on the number of tenants it will occupy.
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Mr. Casey stated correct. The developer has not identified any tenants.

It is speculative.
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Council Member Baca asked if it would impact the environment or the number of trucks that could be using the warehouse.
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Mr. Casey stated tenant information would be required prior to an occupancy permit to identify the number of trucks utilizing the facility. 0o0
Council Member Baca asked if the numbers presented could change. 0o0
Mr. Casey stated the number can vary but there will be a maximum number of trucks established via the conditional development permit. 0o0
Council Member Baca expressed his concern with the safety of the Pepper offramp.

He asked about the congestion in the area and if it would impact the safety of first responder’s access.
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Mr. Casey stated the environmental impact report did not identify significant impact with traffic. Level of service analysis identified a cumulative impact at the intersection of Pepper Avenue and 210 westbound ramps. Remedies have been identified. The Applicant would pay a share on those recommendations.
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Council Member Baca asked if it were a retail or commercial establishment, would it generate a permanent sales tax to the City. 0o0
Mr. Casey stated hypothetically yes, it would generate a significant point of sale taxes.
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DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 20 TAB 1
Pepper Avenue Specific Plan Amendment
and Industrial Development Project
Council Member Baca asked if that would impact the quality of life of the public in the area.
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Mr. Casey stated the environmental impact report adopted identified noise as a significant impact. Mitigation measure s were set in place to reduce the noise. It was the only item identified.
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Council Member Baca asked if the ozone layer could be impacted. 0o0
Mr. Casey stated that the environmental impact report for the project identified a potentially significant and unavoidable impact to the nitrogen oxide emissions not previously identified.
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Council Member Baca asked about the kind of impact warehouses have on the future of the City. He asked if it would improve the City of Rialto or not.
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Mr. Casey stated that the original Pepper Avenue Specific Plan adopted a vision for the area that did not include warehouse development. The plan specifically prohibits them. The Plan presented tonight will alter the vision for a village-like community, pedestrian center for the area. 0o0
Council Member Baca stated that the Planning Commission was thinking ahead in terms of its vision for the City of Rialto. 0o0
Mr. Casey stated he agreed.
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Council Member Baca inquired about the signature collected and asked if the individuals were paid to canvass the area.
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Mr. Howard stated the canvassers were, but the respondents were not. 0o0
Council Member Baca stated that somebody had reported the canvassers not being factual when asked for signatures. He asked if the respondents aware what they were signing for -- either warehouses, industrial or only development.
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Council Member Baca stated that the canvasser had stated that Joe Baca was supporting the Plan. He stated there are two Joe Baca and neither one had made a commitment to the plan at the time. The form he referenced did indicate “industrial”.

He believed that the City should continue with the original plan that the Planning Commission recommended. The Planning Commission was appointed by members of the City Council to make decisions and articulate them and bring them back to the City Council. He stated why does the City Council appoint them if their recommendations are not going to be heard and decide to take a different action.

He believed the City Council has a responsibility to the quality of life and safety in the area and the impact it will have on residents and students. 0o0
Mayor Robertson referenced the earthquake study and its recommendations indicating that there is neither active nor potentially active fault occurring at this proposed development. She asked if this would prevent any other kind of activity from occupying such as the housing overlay either market rate or affordable.
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Mr. Casey stated it does not restrict any type of development either residential, commercial or industrial on the site.
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Mayor Robertson inquired about the Caltrans restriction and asked what the distance restriction from the freeway ramp and asked if that is more restrictive than when the 210 Freeway at Ayala Avenue was built and the restrictions at the time. She asked if the restrictions are greater now. 0o0
Mr. Casey stated the Caltrans restriction extends 300-400 feet south of the eastbound off/on ramp similar to the distance at Renaissance at Ayala Avenue.
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The school district elected to build schools in zones that were industrial. 0o0
Mayor Robertson stated that JB Hunt is in San Bernardino. She asked if the City had been given notice on that project related to truck traffic. 0o0
Mr. Casey stated he is not aware of any notice to the City for that operation.
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Mayor Robertson stated publicly that the City did not have opinion or was given notice from the City of San Bernardino and emphasized that is the primary reason to eliminate truck activity from Meridian Avenue to Sycamore Avenue. That was not a City of Rialto project. 0o0

No disrespect to the labor workers. Employment is not permanent.

Once the construction is complete, other employment will need to be found and it may not be in Rialto.

She asked if the Owner could make a commitment to guarantee to offer a logistic-type wage versus a warehouse wage.
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Mr. Howard stated Mayor Robertson is correct, but the City issues a permit for the end use.
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Mayor Robertson stated yes but does the current owner commit to continue to own the property.
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Mr. Howard stated no.
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He stated that at this point, the Condition al Approval that requires the voluntary Community Benefit elements placed in agreement or would the City Council elect to collaborate with the developer to return with an agreed-upon form of the Community Development agreement when permits are viewed.
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Council Member Scott stated his motion includes for the developer to return with an approved form of community benefits.
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Council Member Baca emphasized he is opposed to this particular motion and the public should be heard. He reiterated his recommendation to bring a grocery store or additional retail to improve the quality of life and improve the City of Rialto.
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NOES: Mayor Robertson and Council Member Baca. ABSTAIN: None.

ABSENT: None.
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Mayor Robertson recused herself and left the dais at 9:57 p.m. 0o0
Mayor Pro Tem Carrizales conducted the proceedings.
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TAB 2
Adopt Resolution No. 8066 approving FY
2023-2024 Annual Action Plan
Cynthia Alvarado -Crawford, Community Services Director , and Ana Marie LeNoue with Avant Garde, presented staff report to Request City Council to: (1) Conduct Public Hearing and solicit public comments from interested citizens; and (2) Consider and adopt Resolution No. 8066 approving the Fiscal Year 2023 -2024 Annual Action Plan (AAP) authorizing the City Manager to submit the AAP to the U.S. Department of Housing and Urban Development (HUD); and (3) Authorize the City Manager to take all actions necessary to implement the programs identified in the AAP.
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Mayor Robertson recused herself due to a conflict of interest. 0o0
Council Member Scott stated he understands Mayor Robertson needs to recuse herself due to conflict of interest from the Item related to NCNW. He requested the TAB Item be separated to give Mayor Robertson an opportunity to vote separately on the remaining items.

It is not right to abstain on the entire TAB Item.

He thanked the Committee for their good choices and wise decisions on the items.

He asked how many more loan payments are there.
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Ms. LeNoue stated it will be fully repaid in 2038 for Bender Park renovation.
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Council Member Scott asked if there is a 108 loan is for the Grace Vargas Senior Center. He would like to know the status on the loan. 0o0
Ms. LeNoue stated she will have to get back to the City Council. 0o0
Council Member Baca stated he does not have a problem with the recommendations. He would like to see more transparency and accountability to make certain all agreed-upon items are fulfilled. 0o0
Ms. LeNoue stated there is an annual required CAPER evaluation.

During the year, we visit all the subrecipients, perform a monitor visit.

On a quarterly basis, they submit requests for reimbursements, activity reports to determine goals are on track and funds are being utilized. 0o0
Council Member Baca asked if there are records on monitorization. 0o0
Ms. LeNoue stated HUD conducts annual on-site monitoring and review files to make certain all steps are followed.

He thanked Avant-Garde for the hard work.
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Mayor Pro Tem Carrizales thanked Council Member Trujillo for his participation on the subcommittee and for focusing on the transparency.

He requested an annual brief presentation, so the community is aware of the program’s services to the City of Rialto.
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Council Member Trujillo stated changes were made and IFHMB was asked for services to return to in-house visits as opposed to virtual services.
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Acting City Manager Brown confirmed that the loan to the Grace Vargas Senior Center is paid off.
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Motion by Council Member Baca, second by Council Member Trujillo and carried by a 4-0 vote to (1) Adopt Resolution No. 8066 approving the Fiscal Year 2023 -2024 Annual Action Plan (AAP) authorizing the City Manager to submit the AAP to the U.S. Department of Housing and Urban Development (HUD); and (3) Authorize the City Manager to take all actions necessary to implement the programs identified in the AAP.

Mayor Robertson recused herself due to a conflict of interest. 0o0
TAB 3
Substantial Amendment No. 6 Revising
Budget Amounts to CDBG-CV Activities
City’s 2020-2021 Annual Action Plan

Cynthia Alvarado -Crawford, Community Services Director , presented staff report to Request City Council to: (1) Continue the Public Hearing regarding Substantial Amendment No. 6 Revising Budget Amounts to CDBG-CV Activities within the City’s 2020-2021 Annual Action Plan for May 9, 2023.
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Mayor Pro Tem Carrizales asked if anyone wished to speak. 0o0
Public Comment Gregory Armstrong with Legal Aid Society addressed the City Council related to their program services and expressed support for the grant. 0o0
Carmen Garcia with Inland Fair Housing and Mediation Board addressed the City Council to inform them of the organization’s recent accomplishments in assisting the residents of Rialto with housing discrimination and landlord/tenant matters.
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Mayor Robertson recused herself due to a conflict of interest. 0o0
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 4 -0 vote to Revise Budget Amounts to CDBG -CV Activities within the City’s 2020 -2021 Annual Action Plan for May 9, 2023, to Substantial Amendment No. 6.

Mayor Robertson recused herself due to a conflict of interest. 0o0
Mayor Robertson returned to the dais at 10:27 p.m.
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NEW BUSINESS
TAB 4
Change Orders to Calmex Engineering,
Inc. for Street Overlay & Reconstruction
Project, City Project No. 180807
Art Cervantes, with Engineering, presented staff report to Request City Council to: (1) Delegate Additional Authority for Change Orders in the Cumulative Amount of $350,000 to Calmex Engineering Inc., a California Corporation for the Street Overlay & Reconstruction Project, City Project No. 180807; and (2) Authorize the City Manager to Execute all Related Documents.
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Motion by Council Member Baca, second by Council Member Scott and carried by a 5-0 vote to (1) Delegate Additional Authority for Change Orders in the Cumulative Amount of $350,000 to Calmex Engineering Inc., a California Corporation for the Street Overlay & Reconst ruction Project, City Project No. 180807; and (2) Authorize the City Manager to Execute all Related Documents.
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TAB 5
Adopt Resolution No. 8067 to Amend
CIP; Authorize Purchase Order to their
On-Call Professional Services Agreement
for Professional Civil Engineering
Art Cervantes, with Engineering, presented staff report to Request City Council to: (1) Adopt Resolution No. 8067 to Amend the Current Capital Improvement Program (CIP) to include the Locust Roadway Widening and Rehabilitation Project; (2 ) Authorize a Purchase Order to Mark Thomas in the Amount of $1,572,563.00, pursuant to their On-Call Professional Services Agreement for Professional Civil Engineering Services; and (3) Authorize the City Manager to Execute all Documents. 0o0

TAB 7
Accept Bid from Newland Capital Group,
Inc to Purchase Seven Parcels on
Miro Way
Colby Cataldi, Director of Community Development, presented staff report to Request City Council to Accept the Bid from Newland Capital Group, Inc. to Purchase Seven Parcels (0264 -211-15, 0264 -211-20, 0264-212 17 (ptn), 0264-212-44, 0264-212-45 (ptn), 0264-212-46, and 0264-212 54) on Miro Way and Approve, authorize the Acting City Manager to Execute, a Purchase and Sale Agreement with TE Newland Investments So Cal, LLC, and direct the City Clerk to file a Notice of Exemption with the County Clerk to the Board of Supervisors. 0o0
Council Member Baca asked if there was an agreement with Renaissance to build a park and school in one of the slots. 0o0
TAB 7
Accept Bid from Newland Capital Group,
Inc to Purchase Seven Parcels on
Miro Way
Mr. Cataldi stated that in the Renaissance Specific Plan there is zoning on the north and south side of Miro Way. On the north side in northeast corner there are parcel slated for a school site. On the south side, it is slated for a park site.
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Council Member Baca asked if there was still availability to do what the original agreement was.
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DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 30 TAB 7
Accept Bid from Newland Capital Group,
Inc to Purchase Seven Parcels on
Miro Way
Mr. Cataldi stated there is no longer use or need for a school and/or park site and the reason for disposition of the southerly parcels. The northerly parcels on Miro Way where the school site is located will be offered disposition and RFP for bid on project sites.
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Council Member Scott stated this was before the Economic Development Committee. The school site was no longer needed by the school district due to shrinking population. Funds were allotted to existing parks and there was no longer a need for a new park. 0o0
Motion by Mayor Robertson, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Accept the Bid from Newland Capital Group, Inc. to Purchase Seven Parcels (0264 -211-15, 0264-211-20, 0264-212 17 (ptn), 0264-212-44, 0264-212-45 (ptn), 0264-212-46, and 0264-212 54) on Miro Way and Approve, authorize the Acting City Manager to Execute, a Purchase and Sale Agreement with TE Newland Investments So Cal, LLC, and direct the City Clerk to file a Notice of Exemption with the County Clerk to the Board of Supervisors. 0o0
TAB 8
Approve Amendment No. 3 to the
Franchise Agreement with Burrtec Waste
Industries, Inc. for Handling Solid Waste,
Recyclables, and Organic Waste
Tim Sullivan, Director of Maintenance and Facilities and Rose Radford with R3 presented staff report to Request City Council to 1) Approve Amendment No. 3 to the Franchise Agreement with Burrtec Waste Industries, Inc. for the Handling of Solid Waste, Recyclables, and Organic Waste; and 2) Authorize the City Manager to Execute all Related Documents.
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Council Member Scott inquired about the enforcement portio n taking place and about Burrtec’s role.
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Ms. Radford stated the plan is to achieve public compliance without enforcement action. The exception is repeat offenders who refuse to comply such as a business.
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Council Member Scott asked about garbage inspections next year. 0o0
Michael Heftman with Burrtec stated correct. There is a cont ainer contamination minimization segment that require route observations in residential, commercial, and multi-family sectors who will inspect, record and document the inspections of containers within the community. 0o0

Mr. Heftman stated there are specific educational requirements outlined in the regulation beginning with education, information on generators’ requirements and more that will be provided in a newsletters and flyers such as container contamination minimization inspections with educational information and diverse outreach.
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Council Member Trujillo expressed his concerns with the City of Rialto wording and asked if there is any mention of it being a State versus a local program.
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Mr. Heftman stated there will be publication information on State Senate Bill 1383 requirements.
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Council Member Trujillo emphasized it is not a local program but rather a State program.
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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 9
Adopt Resolution No. 8069
Tim Sullivan, Director of Maintenance and Facilities and Rose Radford with R3 and Michael Heftman, with Burrtec, presented staff report to Request City Council to Adopt Resolution No. 8069 Declaring the Intention to Set a Public Hearing for June 27, 2023, in Accordance with Proposition 218 Procedures and Consider Adopting the Four Year Municipal Solid Waste Collection, Recycling, Organics and Disposal Rates for Fiscal Years 2023/2024 through 2026/2027.
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June Hayes addressed the City Council in opposition of Resolution 8069 and stated that the Rialto residents cannot afford the rate increases and is asking the City Council to consider a reprieve in the cost. 0o0
Council Member Trujillo asked about the restrictions placed on AB 939 related to funding different activities.
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Director of Maintenance and Facilities Sullivan stated activities need to be related to outreach, solid waste composting, source reduction designed to promote, reduce, recycle, and process solid waste collection.
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Council Member Trujillo asked about the payment maintenance fee that was suspended and asked if it lowered fees that had been considered. 0o0
DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 33 TAB 9
Adopt Resolution No. 8069
Director of Maintenance and Facilities Sullivan stated it did. The waste disposal agreement with the County landfill assisted to cap tipping fee.

And CDSDP program withdrawal was also factored in. City Council action in recent months has also impacted to reduce rates. 0o0
Michael Heftman with Burrtec, Inc. stated applications are available for residents age over 62 to receive a 15 percent discount. 0o0
Mayor Robertson asked if seniors also receive a smaller barrel. 0o0
Mr. Heftman stated yes. It is in the PowerPoint presentation. 0o0
Council Member Scott asked to revisit AB 939 and determine where funds are being allocated. It has been a controversial matter in the City that has not been addressed. He suggests it go before the Committee and Utilities Commission to make decisions.

He asked City Attorney Vail i f any City has filed a lawsuit against the State of California over the unfunded mandates.
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City Attorney Vail stated he is not aware of any pending lawsuit regarding AB 1383. There are other suits related to unfunded mandates.
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Council Member Scott stated this will become very expensive. Citations for improper waste collection is not a good agreement and would like to know if other Cities are objecting to this arrangem ent. The unfunded mandates are not good for the community at-large.
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City Attorney Vail stated he would be revisiting again. 0o0

Council Member Scott asked for a roll call.
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He suggested Tanya Williams and City staff explore that possibility.

Currently before the City Council is discussion to have a Public Hearing; but not until on June 27, 2023, or thereafter a decision will be made. 0o0
Mayor Robertson referenced the staff report and commented about how much has been collected in the management fees prior to its suspension. She emphasized how those funds will be applied back to the customer. She also remarked about the tax roll and wanted to make certain the public had ability to opt out.
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Council Member Trujillo asked how the senior rates would be allocated towards the City and how would the senior citizen community know how to apply for a discount.
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Motion by Mayor Robertson , second by Council Member Baca and carried by a 4-1 vote to Adopt Resolution No. 8069 Declaring the Intention to Set a Public Hearing for June 27, 2023, in Accordance with Proposition 218 Procedures and Consider Adopting the Four Year Municipal Solid Waste Collection, Recycling, Organics and Disposal Rates for Fiscal Years 2023/2024 through 2026/2027.

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 10
Adopt Resolution No. 8070 and Adopt
RUA Resolution No. 03-23 Authorizing
Final Construction Work Authorization to
Rialto Water Services for Baseline Sewer
Trunk Line Project
Tom Crowley, Utilities Manager and Tanya Williams , Assistant to the City Manager, presented staff report to Request City Council/Rialto Utility Authority Board to (1) Adopt Resolution No. 8070 and 2) Adopt RUA Resolution No. 03 -23 Authorizing Final Construction Work Authorization to Rialto Water Services in the amount of $2,355,750 for the Construction of Baseline Road Sewer Trunk Line Project, and (3) Authorize the City Manager to Execute All Related Documents. 0o0
Mayor Robertson commented on the public relations aspect to make certain the public is aware what the City is doing and why. 0o0

Council Member Scott asked if there are amendments relating to local government.
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Yesenia Aguilar, Field Representative with Assembly Member Ramos, stated that is a question for the legislative team and will get back to Council Member Scott.
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Council Member Scott expressed his concern with verbiage removed from the bill. He believed local government should have full control over this Item and distances from warehouses to residential and schools.

The current Ordinance is 1000 -foot setback. He would like to support Assembly Member Ramos but reiterated his concern with the verbiage on the bill removing “local control”.
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Ms. Aguilar stated she will relay Council comments to Assembly Member Ramos team. She had not heard the latest update. 0o0
Mayor Robertson stated she is modifying her motion. She would move the Item with support unless the amendment has verbiage removing local control.
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Council Member Trujillo stated he will second the motion with those conditions.
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If appropriation funds will be asked, he believed the City should not take sides without knowing the outcome of the bill out of the Assembly and the State Senate before it returns to the City Council. 0o0
Mayor Robertson reminded Council Member Baca th at h e may vote against it.
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Council Member Baca emphasized there an Assembly Member and a majority leader representing the City of Rialto.
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Mayor Robertson reiterated that the City Council will support Assembly Member Ramos’ recommendation unless there is a change in the language on the bill.

The other concern is the proposed distance setback. Either bill is proposing a reduced setback.
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Council Member Trujillo emphasized the 300 -foot setback is based on the negotiation between the State Attorney General and the City of Fontana setbacks as part of a settlement agreement. That is where the bill is originating from.
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Ms. Aguilar stated that is what the appropriate distance was agreed upon.
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Council Member Baca inquired who asked to bring this letter of support before the City Council.
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Council Member Trujillo requested letter of support come before the City Council after having attended the League of California Cities division meeting.
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Council Member Baca emphasized he believed in local control and supports both Representatives and suggests the Item is tabled until a decision has been made and been made aware of the language in the bill.

Council Member Baca made a subsequent motion to table Tab 10. 0o0
DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – April 25, 2023 Page 37 TAB 11
Letter of Support for AB 1748

Mayor Robertson asked for a second motion to the subsequent motion.

She stated there was no second to the subsequent motion.

She is suggesting the Item move forward with the understanding that there should be no extraction of local control.
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Public Comment Brenda Parker addressed the City Council regarding Assembly Bill 1748 requesting that the City Council do not send a letter of support because she supports her community, schools, parks and residents. She stated that the City Council has not notified the residents the intent on the bill and believes it is immature for the City Council to support the bill.

She stated that AB 1000 sup ports a minimum of 1000 feet as the minimum distance between warehouses and schools, parks and residents. She is asking the City Council support AB 1000. AB 1000 protects the people of Rialto. AB 1748 does not. She is asking the City Council to look ver y closely in spite of the language o n the bill before supporting.
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Council Member Scott stated local ordinance should supersede anything the State decides so long as it is equivalent or more stringent.

He believe d the current Ordinance is more stringent despite what is being proposed. He believed the City should maintain local control 0o0
Council Member Trujillo emphasized the key word is “minimum”.

It is currently at 1000 feet but is provides options.
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Mayor Robertson stated Assembly Member Ramos reached out to the City of Rialto with regards of his intention. The majority leader did not reach out to the City with regard to her decision on AB 1000.

She strongly supports local control at the minimum. She suggested it be more restrictive. There was an opportunity to speak with the Cities of San Bernardino, Rialto and Fontana. It did not happen. 0o0
Ms. Aguilar stated Assembly Member Ramos understands the need and the industry and that is the reason for reaching out.
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Mayor Robertson stated she would stand corrected if the majority leader stated she had contacted the City. It begins with people who we vote for. They don’t vote for us. They need to respect and come and ask how we feel about a subject matter.
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Mayor Robertson emphasized that if the bill eliminates local control, then there is no agreement. Assembly Member Ramos Office would be contacted regarding the matter.
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Motion by Mayor Robertson, second by Council Member Trujillo and carried by a 4-1 vote to Consider a Letter of Support for Assembly Bill (AB) 1748.

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

NOES: None. ABSTAIN: Council Member Baca. ABSENT: None. 0o0
TAB 12
Introduce for First Reading Ordinance
No. 1686 Amending Chapters of the
Rialto Municipal Code to Consolidate and
Reorganize the City’s Commissions;
Provisionally appoint two members of
the Human Relations Commission to
serve as temporary members of the
Mobile Home Rent Review Commission
to complete pending public hearing
Barbara McGee, City Clerk , presented staff report to Request City Council Introduce for First Reading Ordinance No.1686, Amending Chapters 2.16, 2.18, 2.20, 2.22, 2.24, 2.64 and 4.01, Repealing Chapters 2.25, 2.27, and 2.68 of the Rialto Municipal Code to Consolidate and Reorganize the City’s Commissions. 2) Consider and provisionally appoint two members of the Human Relations Commission, Lino Martinez and Karen Lozano to serve as temporary members of the Mobile Home Rent Review Commission in order to allow that Commission to complete a necessary pending public hearing. 0o0
Mayor Robertson stated there is a request to table this Item until the May 9, 2023 City Council meeting.
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City Clerk McGee stated she had anticipated presenting a plan to reorganize the Commissions. The second component of the Item is for the City Council to appoint two Human Relations Commissioners to serve temporarily on the Mobile Home Commission to complete a pending mediation matter since there is no quorum.
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TAB 12 (1) First Reading of Ordinance No. 1686 has been tabled to the May 9, 2023, City Council meeting.
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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 11:43 p.m.

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: C60BE1B4-F3D0-4B6D-9133-842976693CAC

Rialto City CouncilApril 25, 2023

Rialto City Council
April 25, 2023