Minutes — Rialto City Council, June 27, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, June 27, 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, June 27, 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 5:00 p.m. 0o0
The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, 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 –

EXISTING LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(1)
Number of matters: Two (2) Matters
(1) Gerald Thomas v. City of Rialto et al.,
USDC Case No. 5:22-cv-01743-SSS-SHK

(2) Esteban Hernandez v. City of Rialto et al.,
USDC Case No. 5:22-cv-01807-SSS-SP
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• 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

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

Title: Acting / Interim / City Manager
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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 5:02 p.m. 0o0
The City Council returned from Closed Session at 6:45 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:46 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, and City Clerk Barbara McGee.

City Treasurer Edward Carrillo was absent.
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Pledge of Allegiance and
Invocation
Council Member Joe Baca led the pledge of allegiance.
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Pastor Victor Lopez – Calvary Chapel Rialto.
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1. CONFERENCE WITH LEGAL COUNSEL –

(2) Esteban Hernandez v. City of Rialto et al.,
USDC Case No. 5:22-cv-01807-SSS-SP
Special Counsel gave a report, City Council gave direction and concluded session. There is no reportable action.

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: Arron Brown, Shama Curian
Employee Organizations:

Item will continue at a future date. No reportable action.

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

Title: Acting / Interim / City Manager
The City Council had a discussion on the Item. Session was concluded.

It is anticipated Item will return at a future date.
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PRESENTATION AND

PROCLAMATIONS

1. San Bernardino County Supervisor Joe Baca Jr.

Check presentation to the City of Rialto for $1.6 million dollars

2. Presentation by C.A.S.A. of San Bernardino County –
Diane Smyers, Donor Relations Manager

3. Fireworks Safety Presentation - Rialto Fire Department and Rialto Police

4. National Parks and Recreation Month - Cynthia Alvarado, Director of Parks, Recreation & Community Services

5. Juneteenth Jam Celebration Update – Vickie Davis
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ORAL COMMUNICATIONS Lawrence Jenkins addressed the City Council and ask how a resident can help with the fireworks matter.
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Mayor Robertson
Statement
Mayor Robertson stated she would take executive privilege s based on the City Resolution No. 6773 related to meeting conduct.

I am going to take this opportunity as a Presiding Officer, because I know there are people here to speak on a number of things. This past week, something was brought to our attention, and it’s covered under our Resolution when a person asks or writes into our City about a written correspondence. When they write in about a written correspondence, per our Resolution, and it doesn’t change, written correspondences, under the proceeding and procedures, should be always brought to the City Council.

This past week, I made a request to add something to the agenda.

Under our resolution, I made the request because a citizen had written a written correspondence to us, on the 15 th of June, which was acknowledged, we received it. Then on the 22 nd of June, it was also acknowledged. I said to the Acting City Manager, I wanted to have this Item put on the agenda. The Acting City Manager wrote back and said that he needed to refer it to our Counsel. So I wanted to bring this up.

We seem to be operating without realizing we have Resolutions and rules. When I made that request, in our Resolution it says, under Agenda: Preparation of the Agenda : “An agenda shall be prepared for each reg ular meeting containing specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by any Council Member,” -- I’m included – “the City Administrator, or the City Attorney. Agenda Items shall be delivered to the City Administrator.”
It does not say that the City Manager is supposed to refer it to the City Attorney for him to make a decision on whether it can go on our agenda.

I am brin ging this up because I don’t expect our City Attorney to respond. I’m not directing this for a response, and I’m not directing it to the City Manager. I am bringing it up because an agenda that we’re going to be dealing with in business, and the reason I requested because it was a matter of business. And it does not say that the City Attorney should be even giving an opinion.

I have to say this publicly right now. The Council is the policy body.

Read the Resolutions. The Acting City Manager may not be briefed on these Resolution, but I expect the City Attorney, who also, before he acts on something should be knowledgeable of the Resolution that he so quoted to me when he responded back – not to me – but to Arron Brown, who in turn, referred that to all of us.

I want to bring this up because I am very concerned that we are taking interpretations and applying the Resolutions the way that a City Attorney has decided that he has the ability to usurp a request of a Mayor or a Council Member or himself or the City Administrator. It does not call for a review.

Before we go through the 20 comments, I wanted to read a section that he referenced and was in Section 4. It’s called “Addressing the City Council. Written Correspondence: The City Administrator is authorized to receive and open all mail addressed to the City Council and to give it immediate attention to the end that is all administrative business referred to in said communication and not necessarily requiring Council action be disposed of between council meetings provided that all communications and any actions taken pursuant to thereto shall be reported to the City Council.”
In other words, if you get a correspondence from a citizen asking us to do something, that is not an administrative matter. If further says, “Any communication requiring City Council action shall be placed on the agenda for the next regular meeting together with a report and a recommendation by city staff.”
The request was for Council to do something. It was not up t o the City Manager to not even look at that or the City Attorney to decide that he can decide and give an opinion on the content of the request not acknowledging that a request was considered a written
correspondence. I’m bringing this up because I don’t know where we’re going in a lot of things. Along with everything else that has been asked of me and people have spoken to me, and concerns we’ve had, I finally had to ask somebody. I heard about something. I haven’t received it. I needed a copy. Today, I finally got a copy – and I’m putting this out publicly – because it’s not for the attorney to give another opinion. On November 8 th, 2021, a memorandum was sent to Council Member Carrizales and Commissioner Puekert, who is a Planning
Commissioner, and it was sent on the conflict-of-interest inquiry.

The respective personal reside nce owned by the Council Member Carrizales and the Planning Commissioner John Puekert while within 500 feet of the Specific Plan boundary lines are each between 750 and 800 feet of the boundary lines of particular parcels. Seeking approval to be entitled development industrial warehouse.

You go on and on. It starts with telling us that this is an opinion of our own attorney on November 2021. I’m raising this and putting this in the public venue, because this now has become an issue that has been addressed; it has been discussed. It has never been brought publicly.

I know that Commissioner Peukert, he took heed, he abstained. I don’t know what was the subsequent actions nor am I looking to get an answer. What I am looking to say, is that now , having this, I hate this.

I hate that as a Mayor of a City, as a leader, this conversation does not have to go back and for th and debate to our Council, our General Counsel, or the Council Member. I feel obligated and I will send this to our District Attorney, at the County and send it to the State Attorney General because it needs to be reviewed as a violation of political reform act of Government Code Act, Section 10.90.

It’s hard; it’s tough. He’s sitting to my left. And we have a relationship, but when I had to go under conflict of interest in a public thing, no one seemed to be concerned , and I’m not looking for people to be sympathetic to me. I’m looking for if this is an issue. There’s no resolution but for a decision to come from the Attorney General’s Office.

The conflict was stated in 2021. There has been nothing publicly in the course of the conversation when we did the public hearing other than there was no opinion given publicly by our General Counsel. I don’t know what the opinion is now. I can’t speak to it. It was given to us in Closed Session. But one of the things I do know is that California is a common law state. We can’t split hairs. And I’m not going to split hairs.

I’m not going to sit here and keep acting like the rule of our General Counsel is the law. It’s not. I’m saying that now, and I’m putting it out there. I don’t know why this issue has to be dragged. It is not about the decision. It is about an issue that was raised. I put that forward.

Would you please call your first oral communications?
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Mayor Pro Tem Carrizales asked to speak.
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Mayor Robertson stated Mayor Pro Tem Carrizales does not have the floor.
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Mayor Pro Tem Carrizales stated Mayor Robertson referred to him. 0o0
Mayor Robertson emphasized Mayor Pro Tem Carrizales does not have the floor. I am the Presiding Officer, and I have to acknowledge there is no opinion for rebuttal that’s needed.
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Mayor Pro Tem Carrizales stated to Mayor Robertson that when the results come out, she does the same and she present to the public that he has no conflict of interest.
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Mayor Robertson stated Mayor Pro Tem Carrizales is out of order. 0o0
Mayor Pro Tem Carrizales thanked Mayor Robertson.
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City Attorney Vail requested the floor out of personal privilege.

He stated Mayor Robertson addressed a matter.
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Mayor Robertson emphasized City Attorney Vail is out of order. 0o0
City Attorney Vail stated it is a point of personal privilege. 0o0

She asked City Clerk McGee to call up the next person in oral communications.
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ORAL COMMUNICATIONS Leo Padilla with Southwest Mountain States Regional Council of Carpenters addressed the City Council and expressed his support of the City’s various industrial developments. He stated they are good-paying local job opportunities for community members in the area. 0o0
Robert Lee Sneed III addressed the City Council and expressed his full support of industrial development in Rialto.
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Jack Huggins with Southwest Mountain States Regional Council of Carpenters addressed the City Council and expressed his support of industrial projects in the City specifically the Pepper Avenue Specific Plan. Industrial growth is good for the City. It creates jobs during and after construction and a continued tax base for the City. 0o0
Jesse Suazo with Southwest Mountain States Regional Council of Carpenters addressed the City Council and expressed his support of the various industrial projects in the City
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Peter Herrera with Southwest Mountain States Regional Council of Carpenters addressed the City Council and expressed his support of the various industrial projects in the City . He stated by working locally, allows workers to spend time with their family.
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Edwin Hanger with Southwest Mountai n States Regional Council of Carpenters addressed the City Council and expressed his support of the industrial development in the City and the importance of skilled trade work and importance of job opportunities close to home. 0o0
DocuSign Envelope ID: 06E1C691-6F1D-468A-A5EC-2403C54C77CF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 27, 2023 Page 9 ORAL COMMUNICATIONS Thomas Ruiz with the Laborers International Union of North America addressed the City Council and expressed his support of the logistics industrial projects in the City. They are good, family-sustaining jobs. 0o0
Bill Blankenship with NAIOP Inland Empire Chapter addressed the City Council and expressed his support. He stated Rialto is an integral part of the supply chain in the Inland Empire. He thanked the City Counci l for allowing the industry to expand.
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Jose Mungia with Laborers Union No. 783 addressed the City Council and expressed his support and thanked the City Council for bringing jobs close to home near family.
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Joseph Quezada with Laborers Union No. 783 addressed the City Council and expressed his support for industrial jobs and thanked them for their leadership and providing jobs in the community. They impact the livelihood of the members’ employment benefits.
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Michael Alvarado with Laborers Union No. 783 addressed the City Council and expressed his support for industrial jobs and the benefit it has brought to the community.
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Selena Gonzales with Southwest Mountain States Regional Council of Carpenters addressed the City Council and expressed support of the City’s various industrial developments.
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Joe Baca, Resident, addressed the City Council and complimented Mayor Robertson for her earlier comments. He referenced the June 13, 2023 City Council meeting minutes related to the undetermined conflict of interest and his recommendations to the City Council in relation to TAB 4. His statements were made at the last meeting. He is not against warehouses. Many good warehouses are being built in Rialto and will continue to be built in Rialto. The Pepper Avenue Specific Plan is not in the best interest of the City of Rialto. The City has a responsibility to follow the Ordinance that are in place abiding to the 1000 feet from sc hool or residence specification. This warehouse is a lot closer and impact schools and parks in the area with pollution and affect the healthcare of its citizens. He stated the Planning Commission had made its recommendations for retail, commercial and housing.

That is what it was zoned for. The area was never zoned for industrial warehouse or a logistic center.

ORAL COMMUNICATIONS

Mr. Baca stated that was not the original plan submitted. The City admitted that it was not. It was changed. The City changed an Ordinance that should not have been changed. We violated our own Ordinance. He believes it needs to be revisited, reconsidered, and vote in the best interest of the City.

He believes the Resolution that was passed violates Title VI, of the Civil Rights Act in 1983, and believes it also should have been inclusive specifically to the African American community relating to the community benefit agreement.

He thanked the Mayor for allowing him to express his concerns. 0o0

Ed Scott, 30-year resident, addressed the City Council related to the Pepper Avenue Specific Plan and emphasized that the City Council took a majority vote and passed. The accusation against Mr. Carrizales’ regarding his vote as being a potential conflict of interest, by State law, is his decision to make. If he has a question about it, there’s an avenue for him to go through and encourages him to do that. The City Attorney does not make decisions for Council Members regarding matters of conflict of interest. It’s up to each individual Council Member.

At the last meeting, a motion was made to reconsider the Item and vote to send it to the voters. The City Council voted the Item down.

A group opposed to the Pepper Avenue Specific Plan has chosen the referendum process. Should signatures be secured to place Item on the ballot, the community should support it. He stated that as of today, the City Council made a decision.

He emphasized th at constant attacks on Council Members who don’t vote the way two of them want them to vote is not only improper, it’s undemocratic.

The allegation that the warehouse is near schools and parks is unfounded. The building is not within 1000 feet. The Specific Plan may be, but that building is not.

He appreciates all the laborers who spoke on behalf of the residents of this community. Warehouses and the growth of this City have brought substantial funds needed for this community for projects such as $19 million spent on Frisbie Park which came from the warehouses at Renaissance Marketplace.

He stated former Congressmen Baca carried f orward the legislation to allow the Renaissance project to occur. He asked why 50 percent of the City’s profit were given to the City of San Bernardino. It needs to be explained to the community.

There is a process. We live in a democracy. This is not a one -person rule. It’s by a vote of the majority. The majority has spoken. We need to abi de and live by that unless the voters of this City overturn that decision. Which they have a right to do.
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ORAL COMMUNICATIONS

Mr. Scott stated the City does not have an Ordinance on Community Benefits. Donations were made on a voluntary basis made by the developer. He is proud and happy that the developer chose to give $5 million dollars to our Police Department and Code Enforcement. He thanks the developer and encourages other developers to participate in the community. We should be supporting development and growth and warehouse jobs and construction jobs. That is the heart of the community. We are a blue-collar community.

He encourages the City Council to rethink their stand and the behavior taking place.
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City Council to Consider removing or
continuing any items on the agenda
Mayor Robertson abstained from Warrant Resolution No. 48 Voucher No. 231180 made out to the National Council of Negro Women for $3,662.25.
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Council Member Baca asked to pull C.1, approval of the June 13, 2023 minutes.
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Mayor Pro Tem Carrizales abstained on TAB 7 due to a conflict of interest with his business on Foothill Boulevard, and it encompasses the entire Specific Plan.
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Acting City Manager Brown stated TAB 1 will need to be conducted to adopt Resolution 8110 that carrie s over the budget and not move forward with the current Item.
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Council Member Scott asked if the Item will not be presented. 0o0
Acting City Manager Brown stated correct if that is the City Council’s pleasure.
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City Attorney Vail asked if the Public Hearing will be continued without opening the Public Hearing.
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Mayor Robertson stated it is to continue a Resolution to carry the budget to continue operations without adopting the budget. Either the Item is not addressed, or the Public Hearing is opened and then continue the Public Hearing.
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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.
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City Attorney Vail stated the fiscal year and funding authorizations expire June 30, 2023. Should TAB 1 continue to a future date, a Subsequent Need Item will be required to adopt a continuing resolution for the authority to expend funds for the existing budget over into the next fiscal year until the August 2023 meeting.
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Motion by Council Membe r Scott, second by Council Member Trujillo and carried by a 5-0 vote to add TAB 8: Subsequent Need Item to Adopt Resolution 8110.

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.
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Council Member Trujillo requested to pull F.3 for comment.

He acknowledged and thanked Assembly Member Ramos for moving the discussion forward and create local partnerships related to Assembly Bill 349 addressing homelessness and mental
health services.
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Council Member Scott commended Assembly Member Ramos for his efforts related to Assembly Bill 349. He contacted Assembly Member Ramos and requested substance abuse be included.
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He referenced the June 13, 2023, City Council meeting minutes and inquired why City Attorney Vail presented report on TAB 4 rather than Acting City Manager Brown.
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City Attorney Vail stated he had presented the Item as a procedural action that was brought back before the City Council. There were no Resolution supporting the majority decision to approve the project.

The presentation related to adopt the resolutions that support the project consistent with the majority’s previous decision. No recommendations were made related to the specific project Items. It was a matter of procedure.
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Council Member Baca emphasized that the Item included
recommendations under community benefits that changed the original proposal related to the voluntary, one-time, $5-million-dollar contribution to fund a new charter school then changed to benefit going to the Rialto Unified School District.

He asked if that should have been brought before the City Council for consideration since it was changed.
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City Attorney Vail stated that was changed at the last meeting by the direction of the City Council. The community benefits agreement was incorporated into the motion that approved those minutes. 0o0

Council Member Baca referenced the June 13, 2023, minutes when Council Member Scott asked staff who had made those
recommendations. Staff indicated they did not make recommendations for changes and City Manager was not aware. He asked how it came about if no one was aware.
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Council Member Scott stated Item C.1 relates to the June 13, 2023, City Council minutes. He emphasized that the minutes stand as they were spoken in the City Council meeting. It is not the time and place to be questioning who did what.
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Council M ember Baca appreciates the clarification and appreciates Council Member Scott questioning the process at the last City Council meeting.
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 47 (06/08/2023)
B.2 Warrant Resolution No. 48 (06/15/2023)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – June 13, 2023

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D. CLAIMS AGAINST THE CITY
D.1 Leila D. Robertson – Damages
D.2 Andrea Ellis - Vehicle Damages
D.3 Daniel Berumen - Vehicle Damages
D.4 Fredy Gonzalez - Personal Property
D.5 Kellee L. Shorts - Vehicle Damages
D.6 Larry H. Ta - Property Damages
D.7 Liliana Cerpa - Personal Injury

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DocuSign Envelope ID: 06E1C691-6F1D-468A-A5EC-2403C54C77CF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 27, 2023 Page 15 CONSENT CALENDAR E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for July 25, 2023, to Consider and Ratify Adoption of General Plan Amendment No. 2021-0002 for the 2021-2029 6th Cycle Housing Element Update E.2 Request City Council to Set a Public Hearing for July 25, 2023, to Consider and Adopt Environmental Assessment Review No. 2022- 0083, Zoning Cod e Amendment No. 2022 -0004, Specific Plan Amendment No. 2022-0006, Specific Plan Amendment No. 2022- 0007, and Specific Plan Amendment No. 2022-0008, to implement the 2021 -2029 (6th Cycle) General Plan Housing Element Residential Overlay Rezone Program.
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F. MISCELLANEOUS
F.1 Request City Council to; (1) Approve a Ninth Amendment to Extend the Professional Service Agreement with Law Enforcement Medical Services, Inc. for an On-Call Forensic Evidence Recovery Service Contract for a Not to Exceed Amount of $70,000 Annually for Fiscal Year 2024 Through 2027; (2) Approve an $8,000 Increase to the Annual Purchase Order 2023 -0642, from $59,000 to $67,000 and (3) Authorize the Acting City Manager, or his Designee, to Execute All Documents.

F.2 Request City Council to Authorize the Release of Bids for the Construction of the Terra Vista Drive Neighborhood Safe Routes to School Infrastructure Implementation ATPSB1L-5205(029) City Project No. 200813.

F.3 Request City Council Approve a Letter of Support for Assembly Bill 349 Patton State Hospital Lease for Housing and Mental Health Services to Homeless Individuals
F.4 Request City Council to Adopt Resolution No. 8104, approving the Industrial Disability Retirement for Craig Hauenstein.

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Motion by Council Member, second by Council Member and carried by a 5-0 vote to adopt the Consent Calendar
Mayor Robertson abstained from Warrant Resolution No. 48 Voucher No. 231180 made out to the National Council of Negro Women for $3,662.25.
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TAB 1
City’s Fiscal Year 2023-24 Proposed
Annual Budget
TAB 1 was pulled from the City Council Agenda.
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Motion by Council Mem ber Baca, second by Council Member Trujillo and carried by a 5-0 vote to close the public hearing.
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Council Member Trujillo asked if any other City is combining dual payment.
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Mr. Crowley stated he is not aware. At times, the sewer agency will use the property tax approach.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Approve City Resolution No. 8105 and RUA Resolution No. 06 -23 Authorizing the Placement of Delinquent Wastewater Payments on the County Property Tax Roll.
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TAB 3
Adopt Resolution No. 8106 Approving
Engineer’s Reports and Ordering the
Levy of Assessments for FY 2023-2024;
Resolution No. 8107 for LMD District
No. 1; and Resolution No. 8101 for
LLD No. 2
Mike Orona, Acting Public Works Superintendent, presented staff report to Request City Council to Conduct a Public Hearing to Adopt (1) Resolution No. 8106 Approving the Engineer’s Reports and Ordering the Levy of Assessments for Fiscal Year 2023/2024 for Street Light Maintenance District No. 1, (2) Resolution No. 8107 for Landscape Maintenance District No. 1, and (3) Resolution No. 8108 for Landscaping and Lighting District No. 2.
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Mayor Robertson opened the Public Hearing.
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No one requested to speak.
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Motion by Council Member Baca, second by Council Member Trujillo and carried by a 5-0 vote to close the public hearing.
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DocuSign Envelope ID: 06E1C691-6F1D-468A-A5EC-2403C54C77CF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 27, 2023 Page 17 TAB 3
Adopt Resolution No. 8106 Approving
Engineer’s Reports and Ordering the
Levy of Assessments for FY 2023-2024;
Resolution No. 8107 for LMD District
No. 1; and Resolution No. 8101 for
LLD No. 2
Council Member Scott referenced the report and asked if the re is an increase proposed for LMD 2.
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Mr. Orona stated there are no increases being proposed. 0o0
Council Member Scott clarified there will be no CPI increases. 0o0

Mr. Orona stated correct.
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Council Member Scott asked what the plan is to catch the districts up. 0o0
Acting City Manager Brown stated a plan needs to be developed now to lower the subsidy.
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Mr. Orona stated there is collaboration with Tom Crowley , Utilities Manager, and staff to secure grant funding to convert LMD 1 more drought tolerant.
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Council Member Scott asked how the figure added up. He stated Public Works ha d expressed that drought tolerant is more expensive to maintain and less expensive on water. He asked wouldn’t that maladminister the efforts.
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Mr. Orona stated correct. The water consumption cost will exceed the cost of the maintenance increase resulting in a savings of $3 ,300 per acre.
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Council Member Scott asked if that has been calculated and been reflected.
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Mr. Orona stated yes.
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Council Member Scott asked how approximately $500 ,000 in overage is accounted for.
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Mr. Orona stated it is based off projected assessments. 0o0
Council Member Scott asked why maintenance costs are increased over previous years.
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Mr. Orona stated labor cost and rates have increased across the various trades in the industry.
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Council Member Scott asked other than tree trimmers, how many landscaping companies are contracted for LMDs.
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Mr. Orona stated one company. Contract has been extended beginning July 1, 2023, and holds them more accountable.
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Council Member Scott asked if it includes maintenance of LMDs. 0o0
Mr. Orona stated yes. They are transitioning to a workforce system. 0o0
Council Member Scott asked when does their extended contract expire. 0o0
Mr. Orona stated it is a three-year contract with two optional extensions based on satisfactory work performance beginning July 1, 2023. 0o0
Council Member Trujillo asked if Dryscape had been considered. 0o0
Mr. Orona stated Dryscape has been utilized in certain areas of the City on Ayala north of Baseline Avenue. Opportunities have been taken wherever possible to incorporate Dryscape.
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Council Member Trujillo suggest ed obtaining gran ts to pursue that option to contain costs.
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Mr. Orona stated it would be considered further.
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Mayor Pro Tem Carrizales requested a report in a year’s t ime that reflects the savings projected. Past reports do not show a favorable outcome.
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Mr. Orona stated he would include one.
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Council Member Scott stated there needs to be an improved Dryscape plan than what is on Ayala Avenue. He asked that the weed control on Dryscape be monitored.
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Mr. Orona stated absolutely.
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Mayor Robertson stated she agrees with her colleagues and emphasized the need to utilize funds from the General Fund to compensate for deficits.

She requested a water consumption cost analysis on the acreage around the Civic Center campus. She asked about projected data to determine if drought tolerant or Dryscape options are more cost effective.
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Mr. Orona stated a cost comparison was conducted on current LMDs and the maintenance cost and water consumption. He would need to delve into it further for the Civic Center area and return to the City Council.
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Mayor Robertson stated the to pic has been discussed in the past but not seen any follow-through.
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Motion by Mayor Pro Tem Carrizales, second by Council Member Scott and carried by a 5 -0 vote to Adopt (1) Resolution No. 8106 Approving the Engineer’s Reports and Ordering the Levy of Assessments for Fiscal Year 2023/2024 for Street Light Maintenance District No. 1, (2) Resolution No. 8107 for Landscape Maintenance District No. 1, and (3) Resolution No. 8108 for Landscaping and Lighting District No. 2. 0o0

NEW BUSINESS
TAB 4
Adopt Four Year Municipal Solid Waste
Collection, Recycling, Organics, and
Disposal Rates for FY 2023/2024 through
2023/2027 and Adopt Resolution No.
8109, Approving Municipal Solid Waste
Collection Recycling and Disposal
Service Rates for FY 2023/2024 through
2026/2027
Tom Crowley, Utilities Manager, Rose Radford with R3 Consulting, Inc. and Richard Nino with Burrtec Waste Industries, presented staff report to Request City Council to Conduct a Public Hearing 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 and Request City Council to Adopt Resolution No. 8109, Approving Municipal Solid Waste Collection, Recycling and Disposal Service Rates for Fiscal Years 2023/2024 through 2026/2027.
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Mayor Robertson opened the Public Hearing.
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Public Comment June Hayes addressed the City Council related to her concerns with community gardening. She recommends funds for community gardening and mulching be removed from AB 939 Household Hazardous line item and be included in the general trash rates portion.

She b elieves it corresponds closer to AB 1383 than AB 939. She is pleased with the work by City Staff and listening to her concerns. 0o0
Motion by Council Member Scott second by Council Member Baca and carried by a 5-0 vote to close the Public Hearing.
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Council Member Scott asked for clarification on the payment management fee.
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Tim Sullivan, Director of Maintenance & Facilities , stated the payment management fee has been eliminated from these rates. The City Council eliminated fee from residential in 2020 and a moratorium for commercial earlier this year.
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Council Member Scott asked why.
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Director of Maintenance & Facilities Sullivan stated it was at the direction of the City Council to place a moratorium.
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Council Member Scott stated it is illegal. The question is: What is the City of Rialto going to do to reimburse businesses and residents from the money taken illegally?
He asked about implementation on SB 1383 postponement.
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Council Member Scott emphasized that this is an unfunded mandate imposed by the State on reside nts. He stated there are other ways to manage food waste than the current plan. He is opposed to State mandates. He asserted he will n ot support unfunded State mandates that have no logical reason for its implementation. 0o0
Council Member Trujillo recommend ed highlighting that this is a State program and make that distinction by delineating State and standard trash fees on website.

He inquired about a City waiver or program promoting composting as an alternative to fee. He asked if there are programs in pla ce to offer residents relief.
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Director of Maintenance & Facilities Sullivan stated educational composting outreach programs include routine classes. The State requires everyone to subscribe.
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Council Member Trujillo reiterated his confidence in establishing a City-funded program to promote composting as an alternative than the proposed State program.
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Council Member Baca commended staff, Mr. Nino, and Committee for arriving at a solution addressing the cost to the residents.

He appreciated the rate comparison chart. It’s a mandate that needs to be complied by July 31, 2023.

As a former legislator, he stated he would app reciate if current State Legislators could visit municipalities to determine requirements prior to establishing mandates and the impact on the public.
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DocuSign Envelope ID: 06E1C691-6F1D-468A-A5EC-2403C54C77CF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 27, 2023 Page 22 TAB 4
Adopt Four Year Municipal Solid Waste
Collection, Recycling, Organics, and
Disposal Rates for FY 2023/2024 through
2023/2027 and Adopt Resolution No.
8109, Approving Municipal Solid Waste
Collection Recycling and Disposal
Service Rates for FY 2023/2024 through
2026/2027
Council Member Baca stated the law must be complied until it is changed either at the State or Federal level. He suggested Council Member Trujillo discuss it with Congresswoman Norma Torres at the Federal level and someone else at the State level.
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Mayor Pro Tem Carrizales emphasized the need for outreach and informational material in English and Spanish with a QR code to keep the public informed on mandate’s full explanation and its origin specifically informing residents that mandate is not City imposed. 0o0
Mayor Robertson requested a plan to address the payment management fees and find a solution as to how fees will be returned to the public.
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City Attorney Vail stated since there was a Prop 218 Notice, he asked if written protests were received.
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City Clerk McGee stated no.
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City Attorney Vail stated since no protests have been received either written or the Public Hearing, means there has not been a majority protests to the rates. The City Council can proceed for a motion. 0o0
Council Member Trujillo asked if notification was sent to everyone. 0o0
City Attorney Vail stated identification is sent to identified property owners. Prop 218 allows a protest by property owner or tenant. 0o0
Council Member Scott asked who sent out notifications.
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Director of Maintenance & Facilities Sullivan stated it was sent out by Burrtec Waste Industries.
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Council Member Scott asked if it was sent in a Burrtec or City envelope. 0o0

Director of Maintenance & Facilities Sullivan believed it was in a Burrtec envelope.
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DocuSign Envelope ID: 06E1C691-6F1D-468A-A5EC-2403C54C77CF ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 27, 2023 Page 23 TAB 4
Adopt Four Year Municipal Solid Waste
Collection, Recycling, Organics, and
Disposal Rates for FY 2023/2024 through
2023/2027 and Adopt Resolution No.
8109, Approving Municipal Solid Waste
Collection Recycling and Disposal
Service Rates for FY 2023/2024 through
2026/2027
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 3-2 vote to Adopt the Four Year Municipal Solid Waste Collection, Recycling, Organics and Disposal Rates for Fiscal Years 2023/2024 through 2026/20 27 and Request City Council to Adopt Resolution No. 8109, Approving Municipal Solid Waste Collection, Recycling and Disposal Service Rates for Fiscal Years 2023/2024 through 2026/2027.

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

NOES: Mayor Pro Tem Carrizales and Council Member Scott ABSTAIN: None. ABSENT: None.
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TAB 5
Authorize Purchase Order to Onward
Engineering for “On-Call” Construction
Inspection Services for FY 2023/2024

Art Cervantes with Engineering presented staff report to Request City Council to: (1) Authorize Issuance of a Purchase Order in the amount of $561,600 to Onward Engineering for “On -Call” Construction Inspection Services for Fiscal Year 2023/2024; and (2) Authorize the City Manager to Execute all Related Documents.
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Council Member Scott asked if there is a provision in the contract that prohibits friends or family members that work for one of these consultants who work for the City if they have a relationship with a City employee.
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City Attorney Vail s tated the Purchasing Ordinance requires a disclosure of any type of financial relationship.
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Council Member Scott stated he is aware, but the current disclosure is moot.
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City Attorney Vail stated he does not believe there is a prohibition.

He would need to refer back.
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Council Member Scott asked if the prohibition can be included in the motion.
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City Attorney Vail stated the City Council is in authority to do edit. 0o0
Council Member Baca agreed. He made the motion.
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Council Member Scott stated he would second the motion
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Motion by Council Member Baca, second by Council Member Scott and carried by a 5-0 vote to (1) Authorize Issuance of a Purchase Order in the amount of $561,600 to Onward Engineering for “On -Call” Construction Inspection Services for Fiscal Year 2023/2024; and (2) Authorize the City Manager to Execute all Related Documents with the following condition: the existing contract shall include a related party or financial/relationship disclosure.
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TAB 6
Approve Professional Services with
4LEAF, CSG Consultants, Inc., True
North Compliance Services, Inc, and
Transtech Engineers, Inc for On-Call Plan
Check, Inspection and Additional
Support Services; Authorize Acting City
Manager to exercise one-year extensions
subject to satisfactory service
Jesse Sanchez, Chief Building Official, presented staff report to Request City Council to: (1) Approve a Professional Services Agreement with 4LEAF, inc., CSG Consultants, Inc, True North Compliance Services, Inc. and Transtech Engineers, Inc. for On -Call Plan Check, Inspection and Additional Support Services; and (2) Authorize the Acting City Manager to exercise the optional one -year extensions subject to satisfactory performance of the services and the continuing need for such services; and (3) Authorize the Acting City Manager to Execute All Documents.
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Council Member Scott stated this arrangement has been long term. The City Council has given clear direction to have City positions filled. It has not been accomplished.

He is requesting that the City Council be given a report on the recruitment status of City employee positions including application submissions, interviews, interview outcomes, and the recruitment process.

Council Member Scott believes that should the outside consultants continue; positions will not be filled. He would like to know the plan to fill positions. Leaving positions vacant, impacts employee morale and contributes to PERS deficit funding. He recommends a
financial/relationship disclosure to these contracts.
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Council Member Trujillo asked how contracts are evaluated to assure follow-through.
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Mr. Sanchez stated they make certain they are being managed appropriately, that policies are being administered within the contract and goals are met.
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Mr. Sanchez stated it is a small industry. The challenge is finding qualified people. The City is attempting to broaden the pool by bringing additional consultants.
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Council Member Baca stated it is important to recruit, but the City has a responsibility to the citizens to issue permits in a timely fashion.

He agrees with Council Member Scott’s amendment and motion. 0o0

Mayor Robertson asked for clarification between Code Enforcement Officer and Code Compliance Office positions.
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Mr. Sanchez stated the titles are used interchangeably in the Code Enforcement industry. The current proposal is for building and safety services.
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Mayor Robertson clarified that they were not being pulled or utilizing Code Enforcement Officers.
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Mr. Sanchez stated correct.
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Mayor Robertson agreed with Council Member Scott and expressed her concerns with efficiency in turnaround time. She asked Acting City Manager to follow -through with Director of Development Services Cataldi to examine processing turnaround time with the current consultants.
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Motion by Council Member Baca, second by Council Member Scott and carried by a 5-0 vote to (1) Approve a Professional Services Agreement with 4LEAF, inc., CSG Consultants, Inc, True North Compliance Services, Inc. and Transtech Engineers, Inc. for On -Call Plan Check, Inspection and Additional Support Services; and (2) Authorize the Acting City Manager to exercise the optional one -year extensions subject to satisfactory performance of the services and the continuing need for such services; and (3) Authorize the Acting City Manager to Execute All Documents. The existing contract shall include a related party or financial/relationship disclosure.
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City Attorney Vail stated a Subsequent Need Item was added to the agenda, which is TAB 8, which is the continuing resolution. 0o0
Mayor Robertson believed action had already been taken. 0o0
City Attorney Vail stated it was voted to add on the agenda. There was no motion to approve it. The resolution was not available. Now it is. 0o0
Mayor Pro Tem Carrizales stepped away from the dais at 9:50 p.m. 0o0
TAB 7
Receive Presentation on Foothill Central
Specific Plan
Siri Champion, Senior Planner and David Suls with WSP, presented report to Request City Council to receive a presentation on the Foothill Central Specific Plan.
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Council Member Scott asked to define Foothill Transit Oriented Zone. 0o0

Council Member Scott asked why it is not called a mixed -use zone versus transit oriented.
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Mr. Suls stated both Foothill Boulevard and Riverside Avenue were identified as future transit quarters for possible future Bus Rapid Transit, (BRT).
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Council Member Scott expressed his concerns with the description versus being mixed -use. He suggested it be described a s Transit Oriented/Mixed Use.
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Ms. Champion stated there is no magic to the terminology. “Transit Oriented” is a term commonly used for this type of area. 0o0
Council Member Scott stated he understands. He emphasized not everyone understands Planning and Engineering. The description is not very understandable. He suggests a slash and mixed-use, so the public understands the concept when viewing.
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Council Member Scott inquired about the red -zoned area on Palm Avenue and Acacia Avenue and discussions held at EDC related to being changed to allow mixed-use. Most business in the area are older businesses, and he asked why it would not be considered transit-oriented mixed -use. It makes it economical viable for small buildings to have the option of mixed -use. The same applies on Lilac Avenue to Cactus Avenue except for the new commercial property at Cactus Avenue and Foothill Boulevard. It is something that needs to be explored.
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Ms. Champion stated based on Council Member Scott suggestions, the name will change to “mixed -use” rather than appending the name “mixed use”.

In reference to the proposed residential overlay, it is an implementation of the housing element. Several sites that have been previously zoned for 30 dwell units per acre have been identified along Foothill Boulevard.

This update proposes all properties along Foothill Boulevard would be increased to 35 dwell units per acre.
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Council Member Trujillo asked if there were other areas of proposed housing in the Downtown area that have not been detected. 0o0

Ms. Champion stated residential would be a permitted use in addition to commercial. Those are key areas that have been identified as opportunities for mixed -use residential development or straight residential development. Beyond that, there is multi -family residential zone and single-family residential zone that allows for diverse typologies of residential uses.
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Council Member Trujillo asked about the State law pertaining to Granny Flats. He asked if the zone considered it single or multi -family residential.
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Ms. Champion stated the State allows accessory dwelling units also knowns as Granny Flats. They are allowed in single and multi -family residential zone.

SB 9 allows two -unit developments and will be allowed in the single-family residential zone.
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Council Member Trujillo thanked Ms. Champion for her participation at Downtown events for community outreach.
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Ms. Champion clarified if it was referring to a residential on a second story.
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Mayor Robertson stated yes.
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Council Member Scott stated south of 1 st Street, there are apartments at the top of buildings.
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Ms. Champion stated in the current specific plan, there are discrete areas where a second story residential unit is allowed, but not in all zones.
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Council Member Scott stated that on south of 1 st Street both sides of Riverside Avenue, it is denoted as commercial.
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Ms. Champion stated this Specific Plan Amendment would allow residential to be incorporated into commercial uses.
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Mayor Robertson asked if it is to build up.
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Ms. Champion stated correct. In addition to the proposed land use map, there is a table of permitted uses. For commercial, proposal is to allow residential on the second floor and above.
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Council Member Scott stated perfect.
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Ms. Champion stated the conditional development permit will provide the option to have residential on the first floor.
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More community outreach is planned. She presented a specific plan update overview.
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Council Member Baca clarified that this is a partial of the overlay from the original plan. Originally, it was the northern portion of Rialto as part of that overlay.
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Ms. Champion stated this is a separate project. The residential overlay is one project that involv es residential uses throughout the City at various locations. This is a specific plan update for these two specific plans that currently exist to combine them into one. 0o0
Council Member Baca stated he needed to make certain he was not in conflict of interest.
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TAB 7 – Presentation on Foothill Central Specific Plan was received.

No action required.
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Mayor Pro Tem Carrizales returned to the dais at 10:12 p.m. 0o0
TAB 8

ITEM OF SUBSEQUENT NEED

Adopt Resolution No. 8110 to continue
the FY 2022-2023 Annual Budget and
effect through August 29, 2023
Eric Vail, City Attorney, presented Item of Subsequent Need to the City Council to: Adopt Resolution No. 8110 that the City Council of the City of Rialto does hereby continue the Fiscal Year 2022-2023 annual budget in full force and effect through August 29, 2023, or adoption of the Fiscal Year 2023-2024 budget.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by 5-0 vote to Adopt Resolution No. 8110 that the City Council of the City of Rialto does hereby continue the Fiscal Year 2022-2023 annual budget in full force and effect through August 29, 2023, or adoption of the Fiscal Year 2023-2024 budget.
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ADJOURNMENT

Motion by Mayor Pro Tem Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to adjourn the City Council Meeting at 10:37 p.m.
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_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 06E1C691-6F1D-468A-A5EC-2403C54C77CF

Rialto City CouncilJune 27, 2023

Rialto City Council
June 27, 2023