Minutes — Rialto City Council, September 26, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES

Tuesday, September 26, 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, September 26, 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 Deborah 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 Carrizales, Council Member Ed Scott, Council Member Trujillo and Council Member Joe Baca.

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

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: One (1) matter
(1) CDBG / HUD

Motion by Council Member Trujillo, and second by Council Member Carrizales and carried by a 5-0 vote to go into Closed Session at 5:02 p.m.
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The City Council returned from Closed Session at 6:00 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.
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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 –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section
54956.9(d)(2)
Number of matters: One (1) matter
(1) CDBG / HUD
The City Council heard a briefing from City Attorney Vail. There is no other reportable action.

2. Pursuant to Government Code section 54957.6
Labor Negotiator: Assistant City Manager Arron Brown,
HR Director
Shama Curian, City Attorney’s Office
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 heard a briefing from the Labor Negotiator.

No reportable action.
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PRESENTATION AND

PROCLAMATIONS

1. In Memoriam for Mary Marie Osborne - Mayor Robertson

2. In Memoriam for Richard “Dick” Elliott - Council Member Ed Scott

3. In Memoriam for Benjamin Sucilla Batrez-
Mayor Robertson

4. Alees Carrizales - Carter High School Class President

5. Presentation - Costume Contest Winner, Rialto
Pet-a-Palooza--Cessi Barrales and Bubba - Council
Member Rafael Trujillo
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Council Member Baca remembered Hall of Fame Nominee Coach Brooks Robinson with Baltimore Orioles.
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Council Member Scott asked to close in memory of Deputy Ryan Clinkunboomer with the Los Angeles County Sheriff’s Department. 0o0
DocuSign Envelope ID: 67ABC04D-6D1C-4776-96E1-42B411C4E8B6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 26, 2023, Page 4 ORAL COMMUNICATIONS None.
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City Council to Consider removing or
continuing any items on the agenda
Council Member Trujillo asked to pull E.1 for separate discussion. 0o0
E.1
Approve Conditional Development Permit
No. 2022-0002; Precise Plan of Design
No. 2022-0001
Council Member Trujillo stated he is aware that fees were processed and asked about the accommodations provided by staff related to the check.
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Director of Community Development Cataldi stated the appeal was filed in a timely fashion and payment was made by the organization that filed the appeal. The bank cleared the check and funds went through.

Procedures were verified with City Attorney Vail’s office where the validation came through. The organization has one authority to sign checks. They do not have a second signatory. This is their practice. 0o0
Council Member Trujillo asked if anyone has questioned it. The checks indicate not to process unless it has two signatures.
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City Attorney Vail stated Deputy City Attorney Messinger contacted the applicant to indicate that the check on its face required two signatures and it would not be processed unless they had assurances from the bank that it would be processed. The City received assurances from the applicant and the bank cleared the check. It’s an out of form check and it only requires one signature.
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Motion by Council Member Trujillo, second by Council Member Scott and carried by a 5-0 vote to have Item E.1 on the Consent Calendar. 0o0
CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 9
B.2 Warrant Resolution No. 10

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – September 12, 2023
DocuSign Envelope ID: 67ABC04D-6D1C-4776-96E1-42B411C4E8B6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 26, 2023, Page 5 CONSENT CALENDAR D. CLAIMS AGAINST THE CITY
D.1 Kevin McConico - Damages
D.2 William Felts - Property Damage

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E. SET PUBLIC HEARING
E.1 Request the City Council to Set a Public Hearing for October 10, 2023 to consider an appeal of the Planning Commission’s decision to approve Conditional Development Permit No. 2022 -0002, Precise Plan of Design No. 2022 -0001, and an associated Mitigated Negative Declaration (Environmental Assessment Review No. 2022 -0009), for the development of an existing industrial site with a 299,780 square foot industri al warehouse building and associated paving, landscaping, fencing, lighting, and drainage improvements on 13.83 gross acres of land (APN: 0130- 191-09) located at the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing (M-1) zone.

E.2 Request City Council to 1) Set a Public Hearing for October 24, 2023, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt Resolution No. ----8148 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2023/2024; and to 3) Adopt Resolution No. 8149 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenan ce District No. 2 and Conduct a Property Owner Protest Ballot Proceeding on the Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2023/2024.
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CONSENT CALENDAR F. MISCELLANEOUS
F.1 Request City Council to 1) Adopt Resolution No. 8150 Amending the 2023 -2024 Fiscal Year Budget; (2) Accept the 2023 Justice Assistance Grant (JAG) in the Amount of $42,841; (3) Approve the Inter-local Agreement with the County of San Bernardino; and (4) Authorize the City Manager or his D esignee to Execute all Documents Associated With This Grant.

F.2 Request City Council/Rialto Utility Authority Board Authorize staff to apply for the California Resilience Challenge Planning Projects Grant Program.

F.4 Request City Council to: 1) Adopt Resolution No. 8152 Approving the Public Improvement Agreement for Public Improvements along West Renaissance Parkway and North Locust Avenue Related to the Precise Plan of Design (PPD) 2021 -0063 Located at the Northwest Corner of West Renaissance Parkway and North Locust Avenue; and 2) Authorize the City Manager to Execute all Related Documents.
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Motion by Council Member Baca, second by Mayor Robertson and carried by a 5-0 vote to adopt the Consent Calendar.
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Mayor Robertson recused herself from TAB 1 and stepped away from the dais at 7:04 p.m.
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Mayor Pro Tem Carrizales conducted the proceedings.
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PUBLIC HEARING
TAB 1
Adopt Resolution No. 8153 approving
Fiscal Year 2022-2023 Consolidated
Annual Performance and Evaluation
Report
Cynthia Alvarado -Crawford, Community Services Director and Ana Marie Lenoue with Avant Garde presented staff report to Request City Council to: (1) Conduct a public hearing and solicit public comments from interested citizens; and (2) Adopt a Resolution No. 8153 approving the Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER); (3) Authorize the Interim City Manager to sign all necessary documents to submit the Fiscal Year 2022 -2023 CAPER to the U.S. Department of Housing and Urban Development (HUD).
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Mayor Pro Tem Carrizales opened the Public Hearing. He asked if anyone wished to speak.
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Public Comment Carmen Garcia, CEO, with Inland Fair Housing and Mediation Board addressed the City Council related to their organization. They provide fair housing services to the residents of Rialto. She is very please d IFHMB was the top performer. She appreciates that the City Council recognizes the importance of fair housing for its residents and that the City continues to fund services.
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Mayor Robertson recused herself due to a conflict of interest. 0o0
Council Member Baca asked about the September 29, 2023 deadline.

He asked if an Applicant would have completed Step 1 and Step 2 to obtain input and submit application.
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Ms. Lenoue stated CAPER document is ready. Only requirement left is for the City Council to hear comments an d they will be incorporated in the document. The signed Resolution will need to be uploaded into the HUB system.
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Council Member Baca asked if the public hearing had been conducted to solicit public comments.
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Ms. Lenoue stated the Public Hearing has been posted and published in the paper inviting comments. Comments can be received by online or by email and the meeting.
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Council Member Baca asked if there were any comments.
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Ms. Lenoue stated no comments have come in.
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Council Member Trujillo inquired in relation to the loans and asked when that will be decided upon.
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Ms. Lenoue stated that will be for the City Council to decide. There are two loans. One is paid off. The Grace Vargas Senior Center loan is paid. The Bud Bender Park is ongoing. The City can choose to either make their ongoing or larger payments. Loans will be available for programming or to pay down Section 108 loan.
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Council Member Trujillo commented that the Grace Vargas Senior Center has been paid off with CDBG funds. It is a big accomplishment. 0o0
Council Member Scott asked who sets the goals in relation to the summary of the number of Rialto residents served.
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DocuSign Envelope ID: 67ABC04D-6D1C-4776-96E1-42B411C4E8B6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 26, 2023, Page 8 TAB 1
Adopt Resolution No. 8153 approving
Fiscal Year 2022-2023 Consolidated
Annual Performance and Evaluation
Report
Ms. Lenoue stated the organization sets the goals. If a program is helping a Census group, those numbers are pulled from the Census map.
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Council Member Scott stated that the Rialto residents assisted numbers are actual numbers that can be verified through the application process. 0o0
Ms. Lenoue stated each eligible recipient needs to submit participation data. Various organization s will ask participants to complete documents. If documents are declined to complete them, they can only report the numbers to HUD. They can only report what is actually collected and maintained in the files.
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Council Member Scott asked why not include in the report the total number of individuals an organization served whether they qualified to be reported or not.
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Ms. Lenoue stated they can add a column. The report is an overview of what will actually be submitted to HUD.
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Council Member Scott stated this is a public hearing and need to be transparent to the community. It’s misleading. It should indicate that Legal Aid assisted 542 people and only 101 filled out the document.

He suggested adding another column. It will give a better representation of the number of people served.
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Council Member Baca commented that it gives the impression the organization did not meet their goals.

Ms. Lenoue stated they will add another column.
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Motion by Council Member Scott, second by Council Member Baca and carried by a 4-0 vote to Adopt a Resolution No. 8153 approving the Fiscal Year 2022 -2023 Consolidated Annual Performance and Evaluation Report (CAPER); Authorize the Interim City Manager to sign all necessary documents to submit the Fiscal Year 2022 -2023 CAPER to the U.S. Department of Housing and Urban Development (HUD).

Mayor Robertson recused herself due to a conflict of interest. 0o0
Mayor Robertson returned to the dais at 7:25 p.m.
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DocuSign Envelope ID: 67ABC04D-6D1C-4776-96E1-42B411C4E8B6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 26, 2023, Page 9 TAB 2
Zoning Code Amendment No. 23-001 and
Adopt Ordinance No. 1688 amending the
Rialto Municipal Code

Paul Gonzales, Community Development Manager, presented staff report to Request City Council to conduct a public hearing to consider Zoning Code Amendment No. 23 -001 and Adopt Ordinance No. 1688 amending the Rialto Municipal Code, Chapter 18.104 Outdoor Storage Uses.
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Mayor Robertson asked if anyone wished to speak.
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No one wished to speak.
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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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Council Member Baca asked if they are paying their fair share such as improvements, evaluations, and infrastructures.
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Mr. Gonzalez stated whenever a new project comes in, the developer pays their development impact fees which include traffic and road improvements. Fees are then applied and paid prior to issuance of permits.
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Council Member Baca reiterated if they are paying their fair share. 0o0
Mr. Gonzalez stated yes, they are.
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Council Member Scott asked if “fair share” of trucks and road improvements include from Measure I funds which derives from gasoline taxes.
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Mr. Gonzalez stated that is correct.
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Council Member Scott emphasized that Measure I funds is supposed to be used for street improvements, repaves, resurfacing, et cetera. 0o0

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING CHAPTER 18.104 AND RELATED

SECTIONS OF THE RIALTO MUNICIPAL CODE RELATED TO
OUTDOOR STORAGE USES.

Motion by Council Member Trujillo, second by Council Member Baca and carried by a 5-0 vote to Zoning Code Amendment No. 23-001 and Adopt Ordinance No. 1688 amending the Rialto Municipal Code, Chapter 18.104 Outdoor Storage Uses.

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

NOES: None. ABSTAIN: None. ABSENT: None.
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NEW BUSINESS
TAB 3

Brian Park, Fire Chief, presented staff report to Request City Council to approve a purchase order to Life -Assist for medical supplies and equipment in the amount of $125,000.00; Authorize the use of a cooperative Master Purchasing Agreement via National Purchasing Partners (NPP and NPPGov).
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Motion by Council Member Baca, second by Council Member Carrizales and carried by a 5-0 vote to approve a purchase order to Life-Assist for medical supplies and equipment in the amount of $125,000.00; Authorize the use of a cooperative Master Purchasing Agreement via National Purchasing Partners (NPP and NPPGov).
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TAB 4
Award Construction Contract to Gentry
General Engineering, Inc for Terra Vista
Drive Neighborhood Safe Routes to
School Infrastructure City Project
No. 200813
Art Cervantes, Engineering Manager, presented staff report to Request City Council to: (1) Award a Construction Contract to Ge ntry General Engineering, Inc. in the Amount of $516,215 for the Construction of the Terra Vista Drive Neighborhood Safe Routes to School Infrastructure Implementation ATPSB1L-5205(029), City Project No. 200813; and (2) Authorize the Interim City Manager to Execute all Related Documents. 0o0

Mayor Pro Tem Carrizales asked who specifically in the City will be administering the oversight of the project.

He states that in the previous years, the City is not ensuring quality control at project sites by the contractor.

He reiterated that it does not appear that no one from the City is guaranteeing the quality of the projects related to construction clean-up that are being delivered by the contractor to the residents. Construction clean up must include removal of junk, debris, hazardous materials and so forth.
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He also addressed the lack of security and safety hazards associated with the project especially relating to projects near schools. 0o0
Director of Maintenance and Facilities Sullivan stated point well taken. 0o0
Motion by Council Member Scott, second by Council Member Baca and carried by a 5-0 vote to (1) Award a Construction Contract to Gentry General Engineering, Inc. in the Amount of $516,215 for the Construction of the Terra Vista Drive Neighborhood Safe Routes to School Infrastructure Implementation ATPSB1L-5205(029), City Project No. 200813; and (2) Authorize the Interim City Manager to Execute all Related Documents.
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TAB 5
Adopt Resolution No. 8154; Adopt RUA
Resolution No. 07-23; Approve the Third
Amendment to Professional Services
Agreement with Dopudja & Wells
Consulting, Inc., and Second Amendment
to the Professional Services Agreement
for IEUA Effluent Agreement
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to: (1) Adopt Resolution No. 8154 to Amend the Utility Se rvices Water and Wastewater Budget in Fund 680, (2) Adopt RUA Resolution No. 07-23 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (3) Approve the Third Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for Additional Services for the As-Needed Support Activities, Water Supply Assessment (WSA), and Rialto Habitat Nature Center (RHNC), and Second Amendment to the Professional Services Agreement for IEUA Effluent Agreement, Totaling an Additional Amount of $974,881; and (4) Authorize the Interim City Manager to Execute all Related Documents
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Council Member Trujillo asked if there will be a separate discussion on the design phase of the Community Center.
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Mr. Crowley stated it inc ludes the design of the pad and design for a modular-type classroom, storage room and bathroom.
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Council Member Trujillo requested input be included from the Rialto Teen Center.
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Mr. Crowley stated absolutely.
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DocuSign Envelope ID: 67ABC04D-6D1C-4776-96E1-42B411C4E8B6 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 26, 2023, Page 13 TAB 5
Adopt Resolution No. 8154; Adopt RUA
Resolution No. 07-23; Approve the Third
Amendment to Professional Services
Agreement with Dopudja & Wells
Consulting, Inc. and Second Amendment
to the Professional Services Agreement
for IEUA Effluent Agreement
Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to (1) Adopt Resolution No. 8154 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (2) Adopt RUA Resolution No. 07 -23 to Amend the Utility Services Water and Wastewater Budget in Fund 680, (3) Approve the Third Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for Additional Services for the As-Needed Support Activities, Water Supply Assessment (WSA), and Rialto Habitat Nature Center (RHNC), and Second Amendment to the Professional Services Agreement for IEUA Effluent Agreement, Totaling an Additional Amount of $974,881; and (4) Authorize the Interim City Manager to Execute all Related Documents.
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TAB 6
Approve the First Amendment to
Professional Services Agreement with
Enplanners, Inc. for Additional CEQA
Services for the WIFIA Application and
the Rialto Habitat Center
Tom Crowley, Utilities Manager presented staff report to Request City Council/Rialto Utility Authority Board to: (1) Approve the First Amendment to Professional Services Agreement with Enplanners, Inc. for Additional CEQA Services for the WIFIA Appl ication and the Rialto Habitat Nature Center in the Amount of $119,586, and (2) Authorize the Interim City Manager to Execute all Related Documents.
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Motion by Council Mem ber Scott, second by Council Member Trujillo and carried by a 5-0 vote to(1) Approve the First Amendment to Professional Services Agreement with Enplanners, Inc. for Additional CEQA Services for the WIFIA Application and the Rialto Habitat Nature Center in the Amount of $119,586, and (2) Authorize the Interim City Manager to Execute all Related Documents.
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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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Council Member Scott left the meeting at 7:51 p.m.
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Council Member Scott was absent.

The City Council adjourned in memory of:

Brooks Robinson,
Hall of Fame Nominee Baltimore Orioles Third Baseman

Ryan Clinkunboomer,
Los Angeles County Sheriff’s Department Deputy

Richard “Dick” Elliott
Rialto Resident

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_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

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CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 67ABC04D-6D1C-4776-96E1-42B411C4E8B6

Rialto City CouncilSeptember 26, 2023

Rialto City Council
September 26, 2023