Minutes — Rialto City Council, August 22, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES

Tuesday, August 22, 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, August 22, 2023.
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This meeting was called by the presiding officer of the Rialto City Council in accordance with the provisions of Government Code §54956 of the State of California.
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CALL TO ORDER Mayor Pro Tem Carrizales called the meeting to order at 5:00 p.m. 0o0
The roll was called, and the following were present: Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, and Council Member Joe Baca.

Also, present were Interim City Manager Henry Garcia, City Attorney Eric Vail, and City Clerk Barbara McGee.

Mayor Deborah Robertson, Council Member Rafael Trujillo, and City Treasurer Edward Carrillo were absent.
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CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: Five (5) Matters
• Kevin Ball – Workers Compensation Settlement
• James Bender - Workers Compensation Settlement
• Cory Cisneros - Workers Compensation Settlement
• David Jarvis - Workers Compensation Settlement
• Ronald Russo Rondo Garcia – Industrial Disability Retirement City Attorney Vail stated there is a typo on the agenda. Ronald Russo is a typo. It should read Rondo Garcia.

• Executive Management Team
• Management Unrepresented Employees
• Rialto City Employee’s Association (RCEA)
• Teamsters Mid-Management & Confidential Employee’s Union (TMMU)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association – Management
• Rialto Police Benefit Association – General
• Rialto Professional Firefighters of California - Local 3688 • Unrepresented Employees
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Council Member Trujillo arrived at 5:02.
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Motion by Council Member Baca , and second by Council Member Trujillo and carried by a 4-0 vote to go into Closed Session at 5:01 p.m.

Mayor Robertson was absent.
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Mayor Robertson arrived to Closed Session at 5:04 p.m.
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The City Council returned from Closed Session at 5:30 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:30 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 Interim City Manager Henry Garcia , City Attorney Eric Vail, City Treasurer Edward Carrillo, and City Clerk Barbara McGee 0o0

1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Number of matters: Five (5) Matters
• Kevin Ball – Workers Compensation Settlement
• James Bender - Workers Compensation Settlement
• Cory Cisneros - Workers Compensation Settlement
• David Jarvis - Workers Compensation Settlement
• Ronald Russo Rondo Garcia – Industrial Disability Retirement City Attorney Vail stated there is a typo on the agenda. Ronald Russo is a typo. It should read Rondo Garcia.

There was a presentation by Special Counsel. The 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: Assistant City Manager Arron Brown,
Director of Human Resources & Risk Management
Shama Curian
Employee Organizations:
• Executive Management Team
• Management Unrepresented Employees
• Rialto City Employee’s Association (RCEA)
• Rialto Mid-Management & Confidential Employee’s
Association (RMMA)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association – Management
• Rialto Police Benefit Association – General
• Rialto Professional Firefighters of California - Local 3688 • Unrepresented Employees
The City Council had an initial session with the labor negotiator.

The City Council gave direction. No reportable action.
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PRESENTATION AND

PROCLAMATIONS

1. Recognition of UPS Workers - Council Member Trujillo Recognition to David Acosta, Teamster Local 396

2. Memoir honoring Richard “Dick” Elliott– Council Member Scott

3. Presentation by Rialto Interns – Mayor Pro Tem Carrizales Interns Eric Hernandez and Hector Arroyo

4. Introduction to Rialto Intern – Council Member Trujillo Intern Steven Gaytan
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DocuSign Envelope ID: DB9B5B3C-B047-4FFF-BF56-6BF015CA95C6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 22, 2023 Page 4 ORAL COMMUNICATIONS Lynn Hirtz, President of the Rialto Historical Society, addressed the City Council and introduced current board members. She stated the adobe has been restored and tours of the adobe are available by appointment.

She informed the City Council of Heritage Day on November 18, 2023, to commemorate the 100th Birthday of Betsy, the old Fire Truck, that has been restored. Longtime residents will be interviewed, additional fire engines will be highlighted, and folk entertainment. It will be a great community event.
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City Council to Consider removing or
continuing any items on the agenda
Mayor Robertson abstained from Warrant Resolution No. 2, Voucher No. 231729 made out to the National Council of Negro Women for $3,539.04.

E. 1
General Plan Amendment No. 2022-0002;
Specific Plan Amendment No. 2022-0003;
Tentative Parcel Map No. 2022-0005 (TPM
20622); Conditional Development Permit
No. 2022-0039; Precise Plan of Design
No. 2022-0065; (Environmental
Assessment Review No. 2022-0067)
Council Member Baca would like to pull E.1 for discussion.

He asked if Item E.1 has a labor agreement negotiated and a community benefit agreement.
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Mayor Robertson stated that she does not believe on E.1 since it is Set a Public Hearing would have that information. She asked if City staff can speak to the Item.
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Daniel Casey, Senior Planner, stated he is not aware of any labor agreement connected to this project. He will confirm before the Public Hearing and will include in the presentation. He stated that at this moment, there is no Community Benefit Agreement formalized. 0o0
Council Member Baca stated that the responsibility still lies on the City of Rialto especially related to Code Enforcement with road improvements in the area.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 1
B.2 Warrant Resolution No. 2
B.3 Warrant Resolution No. 3
B.4 Warrant Resolution No. 4
B.5 Warrant Resolution No. 5

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DocuSign Envelope ID: DB9B5B3C-B047-4FFF-BF56-6BF015CA95C6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 22, 2023 Page 5 CONSENT CALENDAR C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – August 8, 2023

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D. CLAIMS AGAINST THE CITY
D.1 Keith Phillips - Property Damage
D.2 Lorena Dewit, Jacob J. De Wit, John Jacob De Wit – Wrongful Death
D.3 Adrian Lee Jones - Vehicle Damage
D.4 Richard Golings - Vehicle Damage

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E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for September 12, 2023 to consider (1) General Plan Amendment No. 2022 -0002, a request to change the general plan land use designation of approximately 5.97 acres of land from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, (2) Specific Plan Amendment No. 2022 -0003, a request to change the specific plan zoning designation of approximately 5.97 acres of land from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan, (3) Tentative Parcel Map No. 2022 -0005 (TPM 20622), a request to consolidate ten parcels (10) of land into one (1) 5.97 net acre parcel of land, (4) Conditional Development Permit No. 2022-0039, a request to allow the development and use of a 131,625 square foot industrial warehouse building on approximately 5.97 acres of land, (5) Precise Plan of Design No. 2022-0065, a request for site and architectural review of a 131,625 square foot industrial warehouse building on approximately 5.97 acres of land, and (6) a Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0067) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located at the southeast corner of Valley Boulevard and Willow Avenue.

E.2 Request City Council to Set a Public Hearing for September 12, 2023, to Approve and Adopt the Budget Plan for Fiscal Year 2023-24.
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F.2 Request City Council to: 1) Adopt Resolution No. 8129 Approving the Public Improvement Agreement for Public Impr ovements Along Cedar Avenue and Durst Drive Related to the Precise Plan of Design (PPD) 2021-0036 Located at the Northwest Corner of Cedar Avenue and Durst Drive; and 2) Authorize the Interim City Manager to Execute all Related Documents.
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to adopt the Consent Calendar Mayor Robertson abstained from Warrant Resolution No. 2, Voucher No. 231729 made out to the National Council of Negro Women for $3,539.04.
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TAB 1
Public Hearing for Placement of Liens of
Delinquent Refuse Collection Accounts;
Adopt Resolution No. 8130
Amy Crow, Administrative Analyst presented staff report to Request City Council to: (1) Conduct a Public Hearing for the Placement o f Liens for Delinquent Refuse Collection Accounts for the 1st Quarter of 2023; and (2) Adopt Resolution No. 8130 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk.
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Mayor Robertson opened the Public Hearing.
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No one requested to speak.
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to close the public hearing. 0o0
Motion by Council Member Trujillo, second Mayor Pro Tem Carrizales by and carried by a 5 -0 vote to Adopt Resolution No. 8130 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor -Recorder-County Clerk.
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DocuSign Envelope ID: DB9B5B3C-B047-4FFF-BF56-6BF015CA95C6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 22, 2023 Page 7 TAB 2
Public Hearing regarding Adoption a
Resolution approving Tentative Parcel
Map No. 2020-0001; new parcels of land;
Resolution approving Precise Plan of
Design No. 2020-0012; Resolution
approving an Environmental Impact
Report
Daniel Casey, Senior Planner, presented staff report to Request City Council t o Continue a Public Hearing regarding Adoption of (1) a Resolution approving Tentative Parcel Map No. 2020 -0001 (TPM 20195), a request to subdivide a 31.61 gross acre parcel of land into two (2) new parcels of land, (2) a Resolution approving Conditional Development Permit No. 2020 -0002, a request to allow the development and use of two (2) new industrial warehouse buildings, (3) a Resolution approving Precise Plan of Design No. 2020 -0012, a request for site and architectural review of a proposal consisting of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building on 31.61 gross acres of land, and (4) a Resolution approving an Environmental Impact Report (Environmental Assessment Review No. 2020 -0003) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue.
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Mayor Robertson opened the Public Hearing.
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PUBLIC COMMENT Terrie Anderson addressed the City Council related to the gopher issue she and the community believe it is caused by the building project. 0o0
Mayor Robertson stated the Senior Planner will speak with her to address gopher issue.
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Ana Gonzales addressed and informed the City Council that her comments will be tabled for the upcoming meeting when there is a full report.
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Claudia Cuevas addressed the City Council and stated she will be reserving her comments for the next meeting.
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Luis Carretero addressed the City Council and commented that he would like to withhold his comments for the next meeting. 0o0
Council Member Baca commented in reference to the gopher issue. He stated it could be kangaroo rat or an endangered species. It needs to be determined what animal it is prior to the next public hearing. 0o0

PUBLIC COMMENT
Mayor Robertson stated Mr. Casey, with Planning, can inspect but believed the environmental document would have addressed it. 0o0
Mr. Casey stated that at the next meeting the comprehensive staff report will be presented and the findings of the environmental studies will be discussed.
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Council Member Trujillo asked if there will be a translator for the upcoming City Council meeting.
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City Clerk McGee stated yes, there are translators. There will be a translator available at all meetings.
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Mayor Robertson stated she believed the City Council was not aware. 0o0
Council Member Trujillo stated the translator was never introduced.

It is good that they are here.
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Mayor Robertson commented that she is aware it is a City staff, Rob. 0o0
Council Member Scott commented some have met City staff, Rob. 0o0
Mayor Pro Tem Carrizales stated Robert is doing a fantastic job. 0o0
Mayor Robertson stated that out of the City Clerk’s Office, there is a staff member who will be the interpreter moving forward.
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City Clerk McGee stated for some time.
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Mayor Robertson asked if the translators would be rotating. 0o0
City Clerk McGee stated yes. There will be a translator available at all the meetings.
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NEW BUSINESS
TAB 3
Proceed with Preparation of Phase 2:

Water and Wastewater Rate Study
Tom Crowley, Utilities Manager, presented the staff report to Request that the City Council/Rialto Utility Authority Authorize Staff to proceed with the Preparation of Phase 2: Water and Wastewater Rate Study. 0o0
Council Member Scott stated he has a problem moving forward with this Item tonight.

He expressed his concerns related to previous discussions on the revenue on Wastewater $300,000 on Anaergia lease. He expressed his extreme concerns related to Anaergia being on bankruptcy and may or may not be meeting their financial obligations.

He requested that this Item be placed on Closed Session, and it was not placed on Closed Session.

He will not vote on an Item when there is inaccurate information while not knowing the status on the Anaergia bankruptcy.
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Mr. Crowley stated it is his understanding the matter is scheduled for Closed Session at the next City Council meeting on September 12, 2023.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to continue TAB 2 to the next City Council meeting on September 12, 2023.
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Water and Wastewater Rate Study

Mayor Robertson asked for information on the grants th e City will continue to pursue, especially with the Bureau of Reclamation for funds the City may be obtaining to complete the Rialto Habitat Nature Center.

In order to apply for a grant, it needs to go before the City Council to authorize the action, and it has not yet.

She also recommends submitting additional grant requests to other agencies to go towards the Rialto Habitat Nature Center. She stated the City has been able to secure $5 million for an $8 million-dollar project.

It would be helpful to obtain regional, local support.

She also commented in the City obtaining a meter system , but the project needs to continue.

She agrees that it needs to continue to the September 12, 2023, City Council meeting.
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Mr. Crowley stated he would review further.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to continue the TAB 2 at the next City Council meeting on September 12, 2023.
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Mayor Robertson asked for a listing of grants that will be pursued at the next City Council agenda or the Consent Calendar.
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TAB 4
Introduce for First Reading Ordinance
No. 1687 Amending Section 2.04.050 of
Chapter 2.04 of the Rialto Municipal Code
to delete paragraph C
Eric Vail , City Attorney, presented staff report to Request that the City Council Introduce for First Reading Ordinance No. 1687, Amending Section 2.04.050 of Chapter 2.04 of the Rialto Municipal Code to delete paragraph C related restricting the authority of the City Council to remove a City Manager not-for-cause.
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ORDINANCE NO. 1687
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTION 2.04.050 OF CHAPTER 2.04 OF THE RIALTO MUNICIPAL CODE TO REPEAL PARAPGRAH “C” THAT
PROVIDED A 120 DAY COOLING -OFF PERIOD REGARDING THE
TERMINATION OF A CITY MANAGER.”
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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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Mayor Robertson asked for clarification if TAB 9 would be pulled from the agenda.
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Interim City Manager Garcia stated TAB 9 will be pulled based on correspondence from CalTrans requesting to meet with the City related to the bidding process.
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Mayor Robertson asked if TAB 9 will be pulled before going into Closed Session.
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Interim City Attorney stated no it had not.
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Mayor Robertson announced to the audience that TAB 9 would be pulled in the event that someone wanted to speak on that Item. 0o0
City Clerk McGee confirmed that someone wished to speak on TAB 9. 0o0
Mayor Robertson stated they were honoring a request to pull TAB 9. 0o0
TAB 5
Approve the Renewal of SGEA for a
three-year agreement with ESRI, Inc.

Jonathan Ballard, IT Network Engineer, presented staff report to Request City Council to (1) Approve the Renewal of the Small Municipal and County Government Enterprise Agreement (SGEA) for a three-year agreement in the amount of $170,100.00 with ESRI, Inc ; and (2) Authorize the Interim City Manager or his Designee to Execute all Documents.
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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to (1) Approve the Renewal of the Small Municipal and County Government Enterprise Agreement (SGEA) for a three-year agreement in the amount of $170,100.00 with ESRI, Inc; and (2) Authorize the Interim City Manager or his Designee to Execute all Documents.

There have not been many problems. It’s a great trail to have and it’s one of the jewels of the City.

He thanked Mayor Robertson and staff for their hard work with SBCTA for securing the funds.
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Council Member Trujillo also thanked Mayor Robertson and staff for their work on the project. He asked for more public announcements so more public is aware of the trail.
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Council Member Carrizales commended the Mayor for her work with the Pacific Trail. The community enjoys the trail up to Fontana. Many members of the community are still unaware of the trail and requests a public outreach. He believes that once the trail extends into Riverside Avenue, it will be a game changer. He looks forward to all the new plans with the station on Riverside Avenue.

The community is very proud of the amenities that have been brought to the City in the last few years.
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Mayor Robertson thanked the staff and planning group, the organizations who have provided letters of support of the trail. Meetings will take place with the City of San Bernardino to discuss the project along with other collaborative efforts on the recons truction of Pepper Avenue project.

She asked for a video announcement from Rialto Network to promote the trail.
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DocuSign Envelope ID: DB9B5B3C-B047-4FFF-BF56-6BF015CA95C6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 22, 2023 Page 13 TAB 6
Adopt Resolution No. 8131 Accepting the
2023 Active Transportation Program
Cycle 6 Grant for the Pacific Electric Trail
Extension
Motion by Mayor Pro Tem Carrizales, second by Council Member Baca and carried by a 5-0 vote to 1) Adopt Resolution No. 8131 Accepting the 2023 Active Transportation Program Cycle 6 Grant in the amount of $7,037,000 for the Pacific Electric Trail Extension, Project No. 240801; and 2) Authorize the Interim City Manager to Execute all Related Documents.
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TAB 7
Authorize Purchase Order to BOA
Architecture for City Project No. 210304
Art Cervantez, Engineering Manager, presented staff report to Request City Council to Authorize a Purchase Order in the Amount of $182,600 to BOA Architecture pursuant to their On -Call Agreement for Professional Architectural Services for Design of the Bir dsall Park Improvement Project, City Project No. 210304.
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Motion by Council Member Baca, second by Mayor Robertson and carried by 5 -0 vote to Authorize a Purchase Order in the Amount of $182,600 to BOA Architecture pursuant to their On -Call Agreement for Professional Architectural Services for Design of the Birdsall Park Improvement Project, City Project No. 210304.
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TAB 8
Approve Reconciliation of Public
Improvement Costs with Construction
Fee Credit and Reimbursement
Agreement to Century Communities of
California, LLC
Vince Giron, Engineering Manager, presented staff report to Request City Council to Approve the Reconciliation of Public Improvement Costs Associated with the Construction Fee Credit and Reimbursement Agreement Related to Century Communities of California, LLC., a Delaware Limited Liability Company.
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PUBLIC COMMENT Justin Brewer, Division President, Centuries Communities of California, Southern California Division addressed the City Council and confirmed discussions with City Staff related to the amount s due during the reimbursement agreement and confirmed to the agreed amount.

Cost categories are still in discussion outside of this request.

They would like to proceed and ask the City Council for approval. 0o0
Council Member Scott asked why the reimbursement took so long from the completion of the project.
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Mr. Giron stated the outstanding issue dealt with grades along Foothill Boulevard. There were discussions with Century Communities and the Circle K Development. It was finally resolved by hiring and surveying to determine the grades. Both developments construct projects according to the approved plans and as -builts submitted. After a determination and discussions with Century Communities, it is now presented to City Council.
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DocuSign Envelope ID: DB9B5B3C-B047-4FFF-BF56-6BF015CA95C6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 22, 2023 Page 14 TAB 8
Approve Reconciliation of Public
Improvement Costs with Construction
Fee Credit and Reimbursement
Agreement to Century Communities of
California, LLC
Council Member Scott expressed his concerns as to how the process occurred. It is unfair to a developer to wait this long to receive reimbursement. Outstanding issues remain that need to be investigated that need resolution. The pr ocess needs to be reviewed to determine to speed up this type of situations. It is not fair for any business in the community to be reimbursed for funds due to disagreements among staff and developer. There needs to be something in place avoid it from happening and to respond quickly.
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Council Member Trujillo inquired about the Tony Braganza and Grove residents’ complaints from the Grove Avenue project. He asked if the matter was investigated.
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Mr. Giron stated it was reviewed . R ecent payment index show s that there was no more wear and tear from a few years ago to current day.

There was no connection tying the project to the wear and tear of the road.

The City is considering a resurfacing project on that portion of Grove Street.
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Council Member Trujillo asked if that was related because resident complaints involved truck driving through.
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Mr. Giron stated there was no connection established.
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Mayor Robertson emphasized that this is related to customer service.

She stated there needs to be a system in place that once a project is completed, occupancy is granted, matters need to be resolved within six months as opposed to five years. There is turnover, but the work does not disappear. There needs to be accountability. She stated she will act on it and is pleased it did not reach litigation. 0o0
Motion by Mayor Pro Tem Carrizales, second by Council Member Baca and carried by 5-0 vote to Approve the Reconciliation of Public Improvement Costs Associated with the Construction Fee Credit and Reimbursement Agreement Related to Century Communities of California, LLC., a Delaware Limited Liability Company. 0o0

TAB 9 was pulled.
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Community Services

Director of Community Services Alvarado-Crawford gave the report. 0o0
REPORTS The City Council gave their reports.
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ADJOURNMENT

Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5 -0 vote to adjourn the City Council Meeting at 8:08 p.m.

The City Council adjourned in memory of:

Richard “Dick” Elliott
Rialto Resident

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_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: DB9B5B3C-B047-4FFF-BF56-6BF015CA95C6

Rialto City CouncilAugust 22, 2023

Rialto City Council
August 22, 2023