Minutes — Rialto City Council, February 27, 2024

REGULAR MEETING
of the

CITY OF RIALTO

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

RIALTO HOUSING AUTHORITY

MINUTES

Tuesday, February 27, 2024

A regular meeting of the City Council of the City of Rialto was held in the City Council Chambers located at 150 South Palm Avenue, Rialto, California 92376 on Tuesday, February 27, 2024.
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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 Rafael Trujillo.

Also, present were City Manager David N. Carmany , City Attorney Eric Vail, and City Clerk Barbara McGee.

Council Member Joe Baca and City Treasurer Edward Carrillo w ere absent.
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City Manager Carmany stated that Council Member Baca will not be attending the City Council meeting because he is recovering from surgery.
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Mayor Robertson stated that in addition to notifying the City Manager, the City Clerk’s Office should be informed as a matter of record.

She also emphasized that the public meeting opens at 5:00 p .m. It is open to the public at that time and can make public comments before the City Council goes into Closed Session.
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EXISTING LITIGATION
SBSC Case No. 2218619
Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: Six (6)
 Bridgette Angulo v. City of Rialto et al.
 Arbitration - Gilliam
 Arbitration – Payne
 Arbitration – Brady
 Lelia Deborah Robertson v. City of Rialto, Rialto Police Department, et al.,
SBSC Case No. CIV SB 2325118
 Lelia Deborah Robertson v. City of Rialto et al.

SBSC Case No. CIV SB 2325391

City Manager Vail stated Mayor Robertson will recuse herself from two of the cases where she is named Plaintiff.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager

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Council Member Trujillo asked if the cases involving Mayor Robertson are the same or separate cases.
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City Attorney Vail stated they are separate cases.
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Council Member Trujillo asked what the standard in listing and naming of legal cases is.
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City Attorney Vail stated that the previous time, full name was not listed.

This time, the full proper name was listed. Lelia Deborah Robertson on the caption is the standard.
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Mayor Robertson thanked Council Member Trujillo for asking and City Attorney Vail for clarifying the question.

She stated her formal full name is “Lelia Deborah Robertson”.

She asked if there are any public comments before going into Closed Session.
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Motion by Council Member Trujillo and second by Council Member Scott carried by a 4-0 vote to go into Closed Session at 5:05 p.m.

Council Member Baca was absent.

DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 3 CLOSED SESSION The City Council returned from Closed Session at 6:31 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:32 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, and Council Member Rafael Trujillo.

Also, present were City Manager David N. Carmany, City Attorney Eric Vail, City Treasurer Edward Carrillo, and City Clerk Barbara McGee.

Council Member Joe Baca was absent.
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Pledge of Allegiance and
Invocation
Mayor Pro Tem Carrizales led the pledge of allegiance.
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Pastor Diondre McBride – Sunrise Church gave the invocation. 0o0
City Attorney’s Report on
Closed Session

1. CONFERENCE WITH LEGAL COUNSEL –

SBSC Case No. CIV SB 2325391
City Manager Vail stated the City Council heard a report from City Attorney’s Office and Special Counsel for all Items. There is no reportable action.

Mayor Robertson recused herself from two of the Items designated on the Closed Session report under her name.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
Item has not been completed and will continue at the end of the regular session.
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DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 4

PRESENTATION AND

PROCLAMATIONS
Held for next City Council meeting on March 12, 2024.
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ORAL COMMUNICATIONS Marco Antonio Villalobos addressed the City Council related to multiple children’s soccer league matter s and about the City ’s revocation permission to practice. He is asking for continuation of permission to practice. He believes the City is giving preferentia l treatment to other leagues, and that he is held to a different standard and is not partial to him and his team. The soccer league has won multiple soccer tournaments and is representative of the City of Rialto. The soccer league has had Joe Baca’s suppo rt and will consider having the entire team be present at a meeting if not heard.
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City Council to Consider removing or
continuing any items on the agenda
City Manager Carmany asked that TAB 1 related to water and wastewater rates not be considered on the agenda for tonight and he tabled for a determined future date.
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Mayor Pro Tem Carrizales recused himself from TAB 2 due to a conflict of interest with his business.
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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. 30
B.2 Warrant Resolution No. 31

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – February 13, 2024

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D. CLAIMS AGAINST THE CITY
D.1 Clara Flores – Damages
D.2 The Devi Enterprise Trust – Damages

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DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 5 CONSENT CALENDAR E. SET PUBLIC HEARING
E.1 Setting a Public Hearing for March 12, 2024, to Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing regarding issuance of Tax-Exempt Bonds for Citrus Grove Apartments. 0o0
Motion by Council Member Trujillo, second by Council Member Scott with carried by a 4-0 vote to approve the Consent Calendar with the following notations:

TAB 1 was tabled; Mayor Pro Tem Carrizales recused himself from TAB 2 due to a conflict of interest with his business.

Council Member Baca was absent.
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Council Member Scott asked if anyone is present to speak on TAB 1. 0o0
City Clerk McGee stated no one came to speak on TAB 1, but three letters were received.
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PUBLIC HEARING
TAB 1
TAB 1 was tabled.
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Mayor Pro Tem Carrizales recused himself from TAB 2 and stepped away from the dais at 6:47 p.m.
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TAB 2
Approve Resolution No. 8190 Mitigated
Negative Declaration;
Approve Resolution No. 8191 approving
Specific Plan Amendment No. 2022-075
for the Foothill Central Specific Plan
Colby Cataldi, Director of Community Development and David Suls with WSP, presented staff report to request City Council to approve Public Hearing to consider an amendment to the Foothill Central Specific Plan. (1) Resolution No. 8190 approving a Mitigated Negative Declaration (Environmental Assessment Review No. 2024 -002) prepared for the project, in accordance with the California Environmental Quality Act (CEQA), and (2) Resolution No. 8191 approving Specific Plan Amendment No. 2022-075 (Master Case No. 2022-075), for the Foothill Central Specific Plan.
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Mayor Robertson asked if anyone wished to speak.
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No one came forward.
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Motion by Council Member Trujillo , second by Council Member Scott and carried by a 3-0 vote to close the Public Hearing.

Council Member Baca was absent.

DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 6 TAB 2
Approve Resolution No. 8190 Mitigated
Negative Declaration;
Approve Resolution No. 8191 approving
Specific Plan Amendment No. 2022-075
for the Foothill Central Specific Plan

Council Member Scott inquired about the development standard sheet and asked when and how it was put into place. He asked if it is part of what is being approved.
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Mr. Suls asked if Council Member Scott was referring to the diagrams as part of the development center.
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Council Member Scott stated yes.
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Mr. Suls stated yes. The draft was introduced approximately a year ago. 0o0
Council Member Scott asked why it was not brought before the Economic Development Committee, EDC for review and input. 0o0
Mayor Robertson stated this is the first time that the standards are being presented to the City Council.
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Community Development Director Cataldi stated the project went before the EDC on three different occasions.
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Council Member Scott asked when this was put into place. 0o0
Community Development Director Cataldi stated the draft would have been reviewed by the EDC.
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Council Member Scott emphasized it was not reviewed by the EDC. 0o0
Community Development Director Cataldi stated it was the last presentation to the EDC.
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Council Member Scott stated the City continues to move forward without any community input and the Rialto City Council, which are also residents of the City.

He expressed his concerns that there has been no communication on the project to the City Council members.
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DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 7 TAB 2
Approve Resolution No. 8190 Mitigated
Negative Declaration;
Approve Resolution No. 8191 approving
Specific Plan Amendment No. 2022-075
for the Foothill Central Specific Plan

Community Development Director Cataldi stated 15 stakeholder and public engagement meetings.
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Council Member Scott stated he had not attended any stakeholder meeting and that Council Members should not attend stakeholder meetings.
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Community Development Director Cataldi stated that the public meetings included Planning Commission, City Council and EDC updates. On June 2023 is when the EDC would have reviewed the draft plan, which includes the current material presented.
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Council Member Scott asked when a zone change was made into multi-family residential around Sycamore Avenue to Willow Avenue and Foothill Boulevard down to almost 1st Street.
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Mr. Suls stated he would have to go through the project notes. 0o0
Council Member Scott stated questions are not ready to be answered.

He asked how many City projects are on hold due to zoning changes. 0o0
Community Development Director Cataldi stated there no City projects on hold pending these improvements.
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Council Member Scott stated he cannot vote on this Item tonight.

He expressed his concerns with the project especially with developers buying out small, single -family residence and build multi -family residential. The community needs to be informed.

He would like to continue this Item.
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Council Member Trujillo expressed the same concerns related to parking, density, and development standards as well the transit and Metrolink changes that will take place in the City that need to be accounted for in the project. A lot of units are being added without addressing all matters.

He recommends coordinating with other dev elopment agencies to discussion strategy plan.

He looks forward to the changes as it is being tabled.
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DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 8 TAB 2
Approve Resolution No. 8190 Mitigated
Negative Declaration;
Approve Resolution No. 8191 approving
Specific Plan Amendment No. 2022-075
for the Foothill Central Specific Plan
Mayor Robertson stated the information presented is not the same as noted in the staff report and needed clarification on the proposed funds received for the project and related to zone designation and flow of traffic.

She asked about public comments log is in the report. She asked about timeframe to expend grant funds.
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Community Development Director Cataldi stated the grant has gone through its entire timeframe of the two-year period. The grant funds have been used to build the work product to date and execute all the public events that were conducted.
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Mayor Robertson concurred with Council Members and reiterated her concerns.
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Council Member Scott pointed out the historical homes located on the multi-family residential area. He emphasized that the community would be opposed to changing the zone designation and asked if the properties would be retrieved by eminent domain.

He stated the proposed and existing zoning is widened from what was previously presented.

He made a motion to table the Item.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 3-0 vote to table TAB 2.

Mayor Pro Te m Carrizales recused himself. Council Member Baca was absent.
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Mayor Pro Tem Carrizales returned to the dais at 7:24 p.m. 0o0
TAB 3
Review and Consider the Placement of
Liens Related to Delinquent Refuse;
Adopt Resolution No. 8192
Amy Crow, Administrative Analyst, presented staff report to Request City Council to Conduct Public hearing regarding the placement of liens for delinquent refuse collection accounts for the 3rd Quarter of 2023; and consideration of a resolution authorizing the filing of liens against certain properties with the San Bernardino County Assessor-Recorder-County Clerk. Placement of liens against the delinquent properties identified on Exhibit A of the Resolution; and Adopt Resolution No. 8192 authorizing the filing of liens against certain properties for delinquent refuse accounts with the San Bernardino County Auditor Controller-Recorder’s Office.
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DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 9 TAB 3
Review and Consider the Placement of
Liens Related to Delinquent Refuse;
Adopt Resolution No. 8192
Mayor Robertson asked if anyone wished to speak.
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No one came forward.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4-0 vote to close the Public Hearing.

Council Member Baca was absent.
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Mayor Robertson asked for clarification on the commercial service addresses on Riverside Avenue by 1st Street and Rialto Avenue. 0o0
Ms. Crow stated she would have to check a map to confirm. 0o0
Mayor Robertson recommended making notations.

She stated it does not appear to be City property addresses. 0o0
Ms. Crow stated she will confirm with Burrtec Waste Industries. 0o0
Motion by Council Member Trujillo, second by Council Member Scott and carried by a 4-0 vote to consider a resolution authorizing the filing of liens against certain properties with the San Bernardino County Assessor-Recorder-County Clerk. Placement of liens against the delinquent properties identified on Exhibit A of the Resolution; and Adopt Resolution No. 8192 authorizing the filing of liens against certain properties for delinquent refuse accounts with the San Bernardino County Auditor Controller-Recorder’s Office.

Council Member Baca was absent.
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NEW BUSINESS
TAB 4
Contract Change Order to Proactive
Engineering Consultants to their On-Call
Agreement for Professional Services for
design of Bemis Elementary School Safe
Routes to School Project
Tim Sullivan, Director of Maintenance & Facilities, presented staff report for City Council for c onsideration of a contract change order in the amount of $196,000 to Proactive Engineering Consultants pursuant to their On-Call Agreement for Professional Civil Engineering Services for design of the Bemis Elementary School Safe Routes to School Project. 0o0

Council Member Trujillo inquired about the placement of the additions and asked if there will be signalized intersections.
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DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 10 TAB 4
Contract Change Order to Proactive
Engineering Consultants to their On-Call
Agreement for Professional Services for
design of Bemis Elementary School Safe
Routes to School Project
Director of Maintenance & Facilities Sullivan stated no. One item by Bemis Elementary is a lit crosswalk that is outdated and problematic.

They are currently us ing a rapid flash and beacon, a lift and sidewalk improvement with signage.
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Council Member Trujillo wanted to make certain there were no obstructions to the sidewalks and are ADA compliant.
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Director of Maintenance & Facilities Sullivan stated that identifying them is one of the key components.
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Council Member Trujillo asked if there is any coordination with the City of San Bernardino.
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Director of Maintenance & Facilities Sullivan stated it will stay within Rialto City limits.
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Mayor Robertson inquired about the coordination between the City of Rialto and the City of San Bernardino for the Pepper Avenue and Etiwanda Avenue intersection sharing costs.
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Director of Maintenance & Facilities Sullivan stated that in the conceptual a traffic signal was included as a proposed improvement.

Traffic study show did not meet all the warrants to install a traffic signal.

Funding was sought to install a traffic signal at Bemis Elementary School as part of TDA Cycle 3, but it was denied. A blinking stop sign has been installed.
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Mayor Robertson inquired about the response letter from the City of San Bernardino related to the intersection and asked for an updat e on City of San Bernardino action on item.

She has witnessed accidents at that intersection . She does not agree that the intersection does not meet warrants and questions th e statement. Half of the road belongs to the City of San Bernardino .

The other half to the City of Rialto.

She asked City Manager Carmany to see the data that supports the warrant and have a discussion with someone in the police department. 0o0

DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 11 TAB 4
Contract Change Order to Proactive
Engineering Consultants to their On-Call
Agreement for Professional Services for
design of Bemis Elementary School Safe
Routes to School Project

Mayor Robertson stated that in addition to improving the intersection, she asked about sidewalk improvement related to lifts and how they will be included in the project.

She wants to make certain all areas impacted by tree lifts are improved.

She asked City Manager Carmany to reach out to the City Manager from San Bernardino to ascertain why there is an objection. The City of San Bernardino needs to approve to be able to move forwar d due to joint jurisdiction.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 3-1 vote to for a contract change order in the amount of $196,000 to Proactive Engineering Consultants pursuant to their On-Call Agreement for Professional Civil Engineering Services for design of the Bemis Elementary School Safe Routes to School Project.

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

NOES: Mayor Robertson. ABSTAIN: None. ABSENT: Council Member Baca.
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Community Services Tanya Williams, Assistant to the City Manager, gave the report. 0o0
REPORTS The City Council gave their reports.
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CLOSED SESSION Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 4-0 vote to return back into Closed Session at 7:58 p.m.

Council Member Baca was absent.
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City Council returned from Closed Session at 8:58 p m with four members present.

Council Member Baca was absent.
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City Attorney’s Report on
Closed Session

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
City Council completed Item. There is no reportable action. 0o0

DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 27, 2024 Page 12 ADJOURNMENT Motion by Council Member Trujillo, second by and carried by a 4-0 vote to adjourn the City Council Meeting at 8:59 p.m.

Council Member Baca was absent.

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MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 5092785C-5645-4B3E-AF43-E2BDCC210B72

Rialto City CouncilFebruary 27, 2024

Rialto City Council
February 27, 2024