Minutes — Rialto City Council, May 14, 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, May 14, 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, May 14, 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, Council Member Rafael Trujillo, and Council Member Joe Baca.

Also, present were Acting City Manager Tanya Williams, City Attorney Eric Vail, and City Clerk Barbara McGee.

City Treasurer Edward Carrillo was absent.
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1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Matters: One (1)

• In re Rialto Bioenergy Facility, LLC
US CASB Case No. 23-01467-CL11

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

• Workers Compensation Disability / Retirement cases
• Demand Letter - Martin

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: Acting City Manager Tanya Williams,
Human Resources Director Shama Curian;
City Attorney Eric Vail.

Employee Organizations:
• 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

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

Title: Interim City Manager

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Motion by Council Baca and second by Council Member Trujillo carried by a 5-0 vote to go into Closed Session at 5:01 p.m.
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The City Council returned from Closed Session at 6:27 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 Acting City Manager Tanya Williams, City Attorney Eric Vail, and City Clerk Barbara McGee.
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City Attorney’s Report on
Closed Session

1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Matters: One (1)
• In re Rialto Bioenergy Facility, LLC
US CASB Case No. 23-01467-CL11

City Council heard a briefing from the City Attorney. There was no action taken on that item.

2. CONFERENCE WITH LEGAL COUNSEL –

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

• Workers Compensation Disability / Retirement cases
• Demand Letter - Martin

The City Council had a discussion with special counsel related to both items. Direction was given, but there was no reportable action.

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6 Labor
Negotiator: Acting City Manager Tanya Williams,
Human Resources Director Shama Curian;
City Attorney Eric Vail
Employee Organizations:
• 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
The City Council completed that discussion and gave direction. There is no other reportable action.

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

Title: Interim City Manager
City Attorney Vail stated the Item was taken off calendar. 0o0

PRESENTATION AND

PROCLAMATIONS

1. Presentation - In Memoriam of Victor Orihu - Mayor Robertson (Deferred to a future City Council meeting)

2. Presentation - In Memoriam of James Thomas Hallum
Council Member Scott

3. Proclamation - National Public Works Week –
Mayor Robertson

4. Update on Earth to Table Event – Mayor Robertson

5. Presentation - Rialto on Wheels Event - Scott McAfee, Don’s Bicycles
(Deferred to a future City Council meeting)

6. Presentation – Update on Police Station - Chief Mark Kling 0o0
ORAL COMMUNICATIONS Veronica Perez addressed the City Council related to her opposition of tax dollars used to fund the slaughter of innocent Palestinians in Gaza and the West Bank. She urges the City Council to draft and pass a permanent and immediate cease fire Resolution t o include the release of all hostages.
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City Council to Consider removing or
continuing any items on the agenda None.
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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. 40
B.2 Warrant Resolution No. 41
B.3 Warrant Resolution No. 42

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – April 23, 2024

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E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for May 28th, 2024 to consider Master Case No. 2023 -036, Specific Plan Amendment No. 2024-001, a request for a specific plan amendment from Residential-Mixed Use (R -MU) to Commercial Pedestrian within the Foothill Boulevard Specific Plan, Conditional Development Permit No. 2023-0021, Precise Plan of Design No. 2023-0027, and Environmental Assessment Review No. 2023 -0035: a request for the use of and to develop a 3,596 square foot Car Wash, drive - thru lane, and vacuum station aisle on 1.20 acres. The property is located at the northeast corner of Foothill Boulevard and Linden Avenue (APN:0128-011-32) in the Foothill Boulevard
Specific Plan.
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F. MISCELLANEOUS
F.1 Request City Council to Authorize the Release of Bids for Fire Station 204 Generator Installation, City Project No. 240202.

F.2 Request the City Council Introduce for Second Reading Ordinance No. 1693, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF RIALTO, CALIFORNIA, AMENDING PORTIONS
OF CHAPTER 18.75 (FLOODPLAIN MANAGEMENT

ORDINANCE) OF THE RIALTO MUNICIPAL CODE FOR
COMPLIANCE WITH 44 CODE OF FEDERAL REGULATIONS
PART 60.3(D) OF THE NATIONAL FLOOD INSURANCE
PROGRAM”, reading by title only and waiving full reading thereof.

F.3 Request City Council to Adopt Resolution No. 8209, Amending the Salary for the Utilities Manager Classification.

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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to approve the Consent Calendar.

PUBLIC HEARING
TAB 1
Annexation of Territory to the Rialto
Landscaping and Lighting Maintenance
District No. 2; Adopt Resolution No.
8210; Adopt Resolution No. 8211
Amy Crow, Administrative Analyst, presented staff report to Request City Council to: 1) Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; 2) Request City Council to Adopt Resolution No. 8210 Declaring the Results of the Property Own er Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2024/2025; and 3) Request City Council to Adop t Resolution No. 8211 Confirming the Engineer’s Report Regarding th e Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, an d Ordering the Levy and Collection of Assessments Commencing in Fisca l Year 2024/2025 for said Annexation.
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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 5-0 vote to close the Public Hearing.
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Motion by Council Membe r Scott, second by Council Member Trujillo and carried by a 5-0 vote to Adopt Resolution No. 8210 and Resolution No. 8211.
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City Clerk McGee read ballots into the record:

PPD 2021-0036: In Support
PPD 2020-0005: In Support
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TAB 2
Adopt Resolution No. 8201
Ordering the Abatement of Weeds on
Various Properties within City Limits

Chris Jensen, Division Chief/ Fire Marshal , presented staff report to Request City Council to Conduct a Public Hearing to consider Adoption of Resolution No. 8201 an Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Co st Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A.
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Mayor Pro Tem Carrizales stepped away from the dais at 7:11. 0o0

Motion by Council Member Trujillo, second by Council Member Scott and carried by a 4-0 vote to close the Public Hearing.

Mayor Pro Tem Carrizales was absent.
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Council Member Scott thanked Division Chief/Fire Marshal Jensen for rapidly taking care of the SPCA rail line from Pepper to the City trail.

He asked that Hughbanks Elementary School be added to the weed abatement list related to a weeds location adjacent to the school on Riverside Avenue.
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Division Chief/Fire Marshal Jensen stated that area will be inspected. 0o0
Council Member Trujillo asked if notifications are sent to public agencies who are out of compliance.
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Division Chief/Fire Marshal Jensen stated notices are sent to agencies out of compliance. The Fire Department meets with agencies’ internal weed abatement staff to have discussions on the work needed to be performed on the property.
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Council Member Trujillo asked if the Rialto Housing Authority is an internal listing that the City works with.
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Division Chief/ Fire Marshal Jensen stated yes. They work with the Facilities and Maintenance Department.
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Council Member Baca thanked the Fire Department for all their work. 0o0
Mayor Robertson asked how the City is interfacing with the County for the unincorporated areas to make certain the County is managing their weed abatement.
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Mayor Pro Tem Carrizales was absent.
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Mayor Pro Tem Carrizales returned to the dais at 7:19 pm. 0o0
TAB 3
Adopt Resolution No. 8212 approving
General Plan Amendment No. 2019-0006;
Ordinance No. 1694 approving Zone
Change No. 2019-004; Resolution No.
8213 approving Precise Plan of Design
No. 2022-0019; Resolution No. 8214
adopting a Mitigated Negative
Declaration
Daniel Casey, Senior Planner, presented staff report to Request City Council to Conduct a Public Hearing to consider Adoption of 1) Resolution No. 8212 approving General Plan Amendment No. 2019- 0006, a request to change the general plan land use designatio n of approximately 1.55 acres of land (APN: 0132 -021-18) located at the southeast corner of Randall Avenue and Lilac Avenue (“Site”) from Residential 2 with an Animal Overlay to Community Commercial (CC), 2) Ordinance No. 1694 approving Zone Change No. 2019-0004, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019 -0004 TO
CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 1.55
ACRES OF LAND (APN: 0132 -021-18) LOCATED AT THE

SOUTHEAST CORNER OF RANDALL AVENUE AND LILAC AVENUE
FROM AGRICULTURAL (A -1) TO NEIGHBORHOOD COMMERCIAL
(C-1)” [Reading by title only and waiving full reading thereof ] 3) Resolution No. 8213 approving Precise Plan of Design No. 2022- 0019, a request to allow the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi tenant commercial building on the Site, and 4) Resolution No. 8214 adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
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Public Comment
Mayor Robertson asked if anyone wished to speak.
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Gabriel Markiusian addressed the City Council in relation to TAB 3 and expressed his support for the project.
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Debora Wolfenburger addressed the City Council and expressed her concerns with TAB 3 stating that members of the community have enclaves with livestock. Sh e also expressed her concerns with the current traffic model.
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Ana Gonzalez addressed the City Council to express her opposition to TAB 3. She stated the City of Rialto is out of compliance with the housing element. Re-zoning residential land to commercial or industrial is a disservice and will put the City in further jeopardy to the housing element. Residents enjoy the rural atmosphere and would like to maintain it as such. There is a 30x30 initiative by the State tha t every City in California should comply with 30 percent of their land for open space by 2030 and the City will also be out of compliance. The location is ideal to keep the urban feel in the community. The community would rather see a community garden -type of development or remain open space. She suggested a mixed-use zoning.
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Motion by Council Membe r Scott, second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing.
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Council Member Scott asked how many people at the community meeting were in support of the project.
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Mr. Casey stated half of the attendees were in support. There were eight attendees present and a couple letters of support. 0o0
Council Member Scott asked how many were opposed.

Mr. Casey stated about two and the rest were neutral.
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Council Member Scott asked how long the Applicant has owned the property.
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Mr. Casey stated 16 years since 2008.
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DocuSign Envelope ID: 082DB5E2-FA03-42E7-8D57-F6B06C2E1B18 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 14, 2024 Page 10 TAB 3
Adopt Resolution No. 8212 approving
General Plan Amendment No. 2019-0006;
Ordinance No. 1694 approving Zone
Change No. 2019-004; Resolution No.
8213 approving Precise Plan of Design
No. 2022-0019; Resolution No. 8214
adopting a Mitigated Negative
Declaration
Council Member Scott asked what the intended use is and are there any tenants.
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Mr. Casey stated there no tenants. Buildings are speculative. The intention is to lease the buildings primarily for medical and neighborhood commercial uses.
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Council Member Scott stated he lives in the neighborhood. The project is outside of the 1000-foot requirement for a vote.

He is not opposed to the project. He believes medical use is an appropriate use for the neighborhood. It allows to keep its diversity from the rest of the area.

He asked if the driveways will be right turn out.
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Mr. Casey stated the driveway on Randall Avenue will be restricted to right-in; right out. The driveway on Lilac Avenue will have full access. 0o0
Council Member Scott inquired about the security cameras and asked if the cameras are required to connect to the police department’s Fusus system.
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Mr. Casey stated yes, that is correct.
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Council Member Trujillo inquired about the noise study and asked if there will be limitations on the type of equipment brought onto the property.
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Mr. Casey stated the C -1 zone requires any uses to strictly be interior uses only. No exterior equipment or activities. Noise levels will be screened to make certain they are mitigated to acceptable levels. 0o0
Council Member Trujillo asked if any vehicle headlights interfere with the nearby residential units.
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Mr. Casey stated the Lilac Avenue driveway would be facing the Telacu senior apartments. Landscaping and fencing would soften headlights. 0o0

The Telacu senior complex deserves the same courtesy.

He asked staff about the possibility of moving the driveway to generate the least amount of impact to residents.
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Mr. Casey stated they will work with the Applicant to look at alternatives to mitigate any lighting impacts.
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Council Member Baca asked how long the property has been vacant prior to purchasing the property.
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Mr. Casey stated the site has one single-family dwelling. The dwelling has been continuously rented out.

He confirmed that the intention is to have medical usage in the area and positive for the residents.
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Mr. Casey stated that the Applicant has expressed to staff that their primary intention is to lease the buildings for medical uses. 0o0
Council Member Baca asked if having a facility in the area may eliminate the homelessness problem in the community.
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Mr. Casey stated it could.
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Council Member Baca asked if the project would generate a sales tax for the City of Rialto.
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Mr. Casey stated very likely yes.
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Mayor Pro Tem Carrizales asked about the vacant lot east side. He asked if the property owner has any interest in development. 0o0
Mr. Casey stated staff has met with the property owner on multiple occasions. The owner is considering a housing project with higher density than the pieces to the west and south. The owner is seeking to build a detached single -family product. Nothing has been formalized, only discussions.
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DocuSign Envelope ID: 082DB5E2-FA03-42E7-8D57-F6B06C2E1B18 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 14, 2024 Page 12 TAB 3
Adopt Resolution No. 8212 approving
General Plan Amendment No. 2019-0006;
Ordinance No. 1694 approving Zone
Change No. 2019-004; Resolution No.
8213 approving Precise Plan of Design
No. 2022-0019; Resolution No. 8214
adopting a Mitigated Negative
Declaration
Mayor Pro Tem Carrizales emphasized that if there is a housing project, there will be no access to it.
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Mr. Casey stated there would be two points of access on Randall Avenue using a sliver as an emergency vehicle access point. 0o0
Mayor Pro Tem Carrizales asked if the Applicant had any letters of intent from the medical industry.
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Mr. Casey stated no letters of intent that staff is aware of. 0o0
Mayor Robertson referenced the traffic analysis report and its proposal.

She expressed concerns with the existing traffic and activities . She inquired about the zoning area and asked about the previous zoning changes.
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Mr. Casey stated the agricultural zone accommodates residential uses. 0o0
Mayor Robertson asked if there was a prior structure.
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Mr. Casey stated possibly on Randall Avenue.
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Mayor Robertson asked if there was commercial activity on the previously commercial-zoned area where the Telacu property stands.

She asked if the zone was changed from commercial to residential to accommodate the Telacu building.
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Mr. Casey stated that is correct. Telacu had a zone change to accommodate the development.
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Mayor Robertson inquired about red curbing and asked why it had not been done up to this point.
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Mr. Casey stated it is a recommended condition of approval in the Resolution that the frontage along Lilac Avenue prohibit parking on the east side due to site distances.
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DocuSign Envelope ID: 082DB5E2-FA03-42E7-8D57-F6B06C2E1B18 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 14, 2024 Page 13 TAB 3
Adopt Resolution No. 8212 approving
General Plan Amendment No. 2019-0006;
Ordinance No. 1694 approving Zone
Change No. 2019-004; Resolution No.
8213 approving Precise Plan of Design
No. 2022-0019; Resolution No. 8214
adopting a Mitigated Negative
Declaration
Mayor Robertson stated but it is not required. She expressed concerns with the direction of traffic if the street is not properly cited considering a school is nearby.

She continued to express her concerns with the intersection although the traffic analysis data does not indicate much traffic despite future development to th e south. She believes the traffic report did not show enough.

He asked if it is a spec building or have tenants.
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Mr. Casey stated they are speculative buildings. Applicant may have an update.
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Mr. Markiusian, Applicant, stated 99 percent of projects are hospital and nursing home projects. He chose the location due to its proximity to the nearby hospitals. He plans to have one office for dental facility. He is attempting to have a dialysis center. He believes the Telacu building can benefit as well as the surrounding offices.
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Mayor Robertson asked if hours of operations will take place during the day and no activity in the evening.
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Mr. Markiusian stated that would depend on the facility. If the medical facility operates during overnight hours, it will be quiet and not impact traffic. He has met all fire department’s requirements related to lighting and security cameras.
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Mayor Robertson asked if there are plans to improve the street design at the project site. She requested further study be done at that intersection especially related to pedestrians.
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Mr. Casey stated that in order to meet the general plan’s requirements, such as pedestrian crossings or relocation of poles, they will be required to be completed prior to occupancy.
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Mayor Robertson asked if there have been further studies on the pedestrian crossings by Bloomington Avenue and Randall Avenue. 0o0
Mr. Casey stated yes.
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He agrees with the restriction-turning-movement recommendations right-in; right out. That can be added as a condition of approval. 0o0
Council Member Trujillo asked if there are restriction s on the type of medical facilities.
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Mr. Casey stated C-1 zones allow for ample flexibility for various types of medical uses.
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Council Member Scott clarified that no cannabis is permitted. 0o0
Mr. Casey stated that is correct. Cannabis sales are prohibited Citywide.
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Mayor Robertson emphasized that the City does not operate dispensaries or manufacturing.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4 -0 vote to Adopt 1) Resolution No. 8212 approving General Plan Amendment No. 2019-0006, a request to change the general plan land use designation of approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue (“Site”) from Residential 2 with an Animal Overlay to Community Commercial (CC), 2) Ordinance No. 1694 approving Zone Change No. 2019 -0004, entitled “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING
ZONE CHANGE NO. 2019 -0004 TO CHANGE THE ZONING
DESIGNATION OF APPROXIMATELY 1.55 ACRES OF LAND (APN:
0132-021-18) LOCATED AT THE SOUTHEAST CORNER OF

RANDALL AVENUE AND LILAC AVENUE FROM AGRICULTURAL (A-
1) TO NEIGHBORHOOD COMMERCIAL (C-1)” [Reading by title only and waiving full reading t hereof] 3) Resolution No. 8213 approving Precise Plan of Design No. 2022-0019, a request to allow the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi tenant commercial building on the Site, and 4) Resolution No. 8214 adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2022 -0020) prepared for the project, in accordance with the California Environmental Quality Act (CEQA) and to include Condition of Approval to have right-in; right out only restriction turning movements.

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

NOES: None. ABSTAIN: Council Member Baca ABSENT: None. 0o0
ORDINANCE 1694

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019 -0004 TO
CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 1.55
ACRES OF LAND (APN: 0132 -021-18) LOCATED AT THE

SOUTHEAST CORNER OF RANDALL AVENUE AND LILAC AVENUE
FROM AGRICULTURAL (A -1) TO NEIGHBORHOOD COMMERCIAL
(C-1).

Mayor Pro Tem Carrizales asked if the right-in; right out is a forced right or a “right-only” sign.
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Mr. Casey stated that staff would include the condition with signage being installed limiting movements to right-in; right out. 0o0

Council Member Scott stated it could not be done on Randall Avenue because of the median.
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Mayor Robertson s uggested adding speed limits to the condition of approval.
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Council Member Trujillo asked if it would include the variation of headlights.
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Director of Community Development Cataldi stated they can conduct an analysis and study on how the cars would exit the property , and what directional lighting would do.
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TAB 4
Adopt Resolution No. 8215
Appoint Mike Milhiser as Interim City
Manager

Eric Vail, City Attorney, presented staff report to Request City Council to Adopt Resolution No. 8215, A Resolution of the City Council of the City of Rialto Appointing Mike Milhiser as Interim City Manager and Approve the Corresponding Employment Agreement.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5-0 vote to Adopt Resolution No. 8215, A Resolution of the City Council of the City of Rialto Appointing Mike Milhiser as Interim City Manager and Approve the Corresponding Employment Agreement. 0o0
Mr. Milhiser addressed and thanked the City Council for the opportunity.

He is committed and looks forward to working with the City and the community.
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Tanya Williams, Acting City Manager and Amy Brown, with ARC Strategies presented staff report to Request City Council to Receive an Update from Arc Strategies on the 2023-2024 State Legislative Session. 0o0
Council Member Baca stated that the bills related to warehouse development is a two-year bill. It can be brought up, gutted, reamended and brought back to the floor. It is not truly dead. It’s sitting in a pile.

There is a two-year session. The Legislators could bring it up if amended or if the Speaker chooses or governmental affairs decide to bring it out of Committee GO, Governmental Organization.
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Ms. Brown stated correct.
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Council Member Baca stated he was glad about the presentation narrative. He is seeking a proposal that illustrates what impacts the City of Rialto. He is mostly concerned with legislation that will impact the City of Rialto, that has been introduced that has local control with no funding for the City.

He wants to know if there is other State funding available that proposals or grants have been submitted to determine where the City stands. 0o0
Ms. Brown stated it is Arc Strategies’ responsibility to prioritize the bills. 0o0
Council Member Baca stated Arc Strategies needs to inform the City of funding that is available and needs to be pursued. Funds have not come into the City of Rialto and would like to see additional funds come in, in a variety of areas.

He also expressed concerns with the homeless community with mental health matters. It is a topic that needs to be revisited.

He is concerned with the homeless population being moved to the area from Los Angeles County. That needs to be addressed.
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Mayor Robertson stated it is already happening. It can be discussed at a later time.
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Council Member Trujillo stated there is a lot of action taking place in Sacramento affecting different Cities. The City of Rialto depends on various revenue streams that can be impacted by legislative bills.

It is not enough to be part of California League of Cities. The City needs a State lobbyist to advocate for them on State matters that mostly affect Rialto, such as the online sales tax and local economy. 0o0
DocuSign Envelope ID: 082DB5E2-FA03-42E7-8D57-F6B06C2E1B18 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 14, 2024 Page 18 TAB 5
Receive Update from Arc Strategies

Council Member Trujillo believes the City needed a legislative platform for the City. He asked Ms. Brown what the plan is to assist the City to have a voice.
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Acting City Manager Williams stated that after speaking with A rc Strategies, it was recommended that Ms. Brown’s team meet with each of the Council Members individually to hear their concerns and priorities to start developing a legislative platform.

Should the City Council choose to move forward with the direction, it can be done. Arc Strategies would then prepare a draft based on Council Members’ input and interests and priorities.
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Council Member Trujillo asked about a subcommittee to work on legislation.
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Acting City Manager Williams stated that would depend on the will and recommendation of the City Council.
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Council Member Trujillo expressed interest in being part of the subcommittee.
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Council Member Scott agreed with meeting with each Council Member.

Each Council Member has their own priorities and in common in the community. He also agree d in creating a subcommittee. He concurs with Council Member Trujillo related to the legislative platform.

The City of Rialto is a big City now. The City has made a lot of progress on housing and economic development with or without the State of California.

He is glad to hear this will be moved forward.
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Mayor Robertson stated that the concerns the City has are the same as the other surrounding areas. What is impacted and is available in the bin that would be going forward. She suggest ed reviewing the number of grants the City has and how the resource department is looking at our application.
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Acting City Manager Williams asked for a motion for the recommendation to form a committee.
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Mayor Robertson stated a motion can be made to form the subcommittee then decide among themselves who will be sitting on the committee.
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Motion by Council Member Trujillo, second by Mayor Robertson and carried by a 5-0 vote to Receive an Update from Arc Strategies on the 2023-2024 State Legislative Session and to form a legislative subcommittee.
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NEW BUSINESS
TAB 6
Adopt Resolution No. 8216;
Adopt RUA No. 08-33; Approve the
Fourth Amendment to Professional
Services Agreement with Dopudja &
Wells Consulting, Inc.; Appropriate
$162,875 from the Unallocated
Wastewater Reserve Fund
Tanya Williams, Acting City Manager, presented staff report to Request the City Council and Rialto Utility Authority Board to: 1) Adopt Resolution No. 8216 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 2) Adopt RUA Resolution No. 08 -33 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 3) Approve the Fourth Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for As -Needed Support Activities for an Amount Not to Exceed $325,750; 4) Appropriate $162,875 from the Unallocated Wastewater Reserve Fund Account No. 5660 -0000-30000; and 4) Authorize the Acting City Manager/Executive Director to Execute all Related Documents. 0o0
Mayor Robertson stepped away from the dais at 8:49 p.m. 0o0
Mayor Pro Tem Carrizales conducted the proceedings.
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Motion by Council Member Scott, second by Council Member Baca and carried by a 4-0 vote to 1) Adopt Resolution No. 8216 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 2) Adopt RUA Resolution No. 08 -33 to Amend the Utility Services Water and Wastewater Budget in Fund 680; 3) Approve the Fourth Amendment to Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California Corporation, for As -Needed Support Activities for an Amount Not to Exceed $325,750; 4) Appropriate $162,875 from the Unallocated Wastewater Reserve Fund Account No. 5660-0000-30000; and 4) Authorize the Acting City Manager/Executive Director to Execute all Related Documents.

Mayor Robertson was absent.
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Council Member Baca stated that he does not object to the project but asked about the possibility of demolishing and rebuilding a state-of-the- art community center rather renovating it piece by piece. 0o0
Mr. Cervantes stated this project began in 2017 . The City has rehabilitated 100, 200, and 300 wings. His understanding is to proceed with rehabilitating 400 wing and then 500 wing.

He is not aware of any discussions related to tearing it down and rebuilding the community center.
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Council Member Baca emphasized that the City of Rialto needs to be updated and look towards the future as to how funds are spent that can be a cost-savings in the long run. It could be future discussions for years to come but at least begin the process.
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Motion by Council Membe r Scott, second by Council Member Trujillo and carried by a 4-0 vote to 1) Award a Construction Contract to Genesis Builders, Inc. in the Amount of $1,336,498.61 for Building 400 Improvements, City Project No. CB2202; 2) Authorize a Contract Change Order Request in the amount of $150,298 with Fountainhead Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Building 400 Improvements, City Project No. CB2202; and 3) Authorize the City Manager or their Designee to Execute all Related Documents.

Mayor Robertson was absent.
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Mayor Robertson returned to the dais at 8:52 p.m.
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Mark Kling, Police Chief, presented staff report to Request City Council to 1) Accept the Written Recommendation of the Chief of Police 2) Award a Franchise Agreement for Official Police Towing Services to Pepe’s Towing Service, a California Corporation, f or an Initial Term of 25 Months Commencing June 1, 2024, through June 30, 2026, with two Optional Annual Extensions Through June 30, 2028; and 3) Authorize the Acting City Manager, or Designee to Execute all Documents. 0o0
Fernando Soria addressed the City Council in support of TAB 8 to speak on the true integrity of Pepe’s Towing. Pepe’s Towing has been the tow provider for the Rialto Police Department for over 25 years with 75 employees. They are given 20 minutes to respond to calls. On average, they have responded in 10 minutes for over 4,000 calls. They have never turned down a single call for service. They know exactly what the City expects from its tow provider. Pepe’s has always exceeded those expectations and is in good standing.
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Luis Ojeda addressed the City Council in support of TAB 8. He believes partnering with businesses who care for the community and not only for profit. It is about serving the public and the community. 0o0
Carolina Verduzco addressed the City Council in support of TAB 8.

Pepe’s Towing provides excellent service to the residents, but are also great community partner and collaborator. They have proven to meet the needs of the City of Rialto.
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Sophia Castillo addressed the City Council in support of TAB 8. Pepe’s Towing has given back to the community while allowing the youth to participate in events.
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Edgar Armada addressed the City Council in opposition to TAB 8 and expressed his concerns to awarding the contract to one tow provider.

He appreciates further clarification on the decision-making process and how they can address potential gaps in their proposal. Their goal remains to positively and effectively serve the City of Rialto 0o0
Tom Burciaga addressed the City Council in support of TAB 8. Pepe’s Towing does a lot for the community. They have always been there for the veterans.
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DocuSign Envelope ID: 082DB5E2-FA03-42E7-8D57-F6B06C2E1B18 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 14, 2024 Page 22 TAB 8
Accept the Written Recommendation of
the Police Department; Award a
Franchise Agreement for Official Police
Towing Services to Pepe’s Towing
Service
Javier Gonzalez addressed the City Council in opposition to TAB 8 and expressed his concerns o n just having one t ow provider. He stated every City in California has two towing providers. He is concerned with Pepe’s Towing’s legal matters and lawsuits towards them. It is public record. It is not something the City of Rialto should accept. 0o0
Ryan Bunse, addressed the City Council in opposition to TAB 8. He believes that his towing company is 100 percent qualified to be awarded a contract. He believes he did not get the right opportunity. 0o0
John Vach with Wilson Towing , LLC , addressed the City Council in opposition to TAB 8. They have been in service for over 74 years and have serviced many law enforcement agencies throughout the Inland Empire as the police towing service provider. He expressed his concern when there is only one towing company provider. There is no fallback position.
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Ana Gonzalez addressed the City Council in opposition to TAB 8. She expressed her concerns as a resident. She personally holds exception to Pepe’s Towing for disclosing private information during a domestic violence matter. She expressed her concerns with Pepe’s Towing legal disputes. She is asking that the C ity Council table the Item or limit the contract to few months until a legitimate investigation is conducted on this company.
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Mike Le yva, Owner of Steve’s Towing addressed the City Council in opposition to TAB 8 related to how much he has invested to provide an acceptable towing company to the community and provided employment to the city members. He has been in this business for over 20 years and in the industry longer. To have one company in the City is not fair. It puts the City in jeopardy. In order to qualify for this contract, you need to have worked for the City previously. And if a provider does not work for the City, how do they qualify? It is not a fair process. It is a monopoly.
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Brian Anders addressed the City Council related to TAB 8. He requested the City Council table the Item to allow each bidder an opportunity to submit a PRA request, have documentation reviewed and be brought back at another City Council meeting to fully vet the matter. Municipal Code 5.42 makes no restriction for one tow service provider. There is nothing mandating the selection of one tow service provider. 0o0

He briefly explained the selection and inspection process. 0o0
Council Member Scott clarified that an inspection would not take place on a tow service company if they did not have a tow yard in the City. 0o0
Police Chief Kling stated that out of the seven submissions, only three were reviewed. The remaining four did not have physical tow yards in the City of Rialto which is required in the City Code.
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Council Member Scott asked if it was required when they pursue the RFQ that they currently have a tow yard in the City.
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Police Chief Kling stated it is clearly defined in the municipal code that it needs to be within Rialto City limits.
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Council Member Scott asked City Attorney Vail if he had reviewed the submissions and is it satisfactory.
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City Attorney Vail stated he had, and it is satisfactory. He stated everyone had access to the same documents at the same time, the City Council and members of the public who wished to participate. 0o0
Council Member Trujillo asked what the benefits are of having a t ow yard in the City as opposed to nearby.
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Police Chief Kling stated it is for convenience to the residents when retrieving their vehicles within City limits.
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Council Member Baca asked if there is any reason why the City cannot have two tow-service providers.
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Police Chief Kling stated the Rialto Municipal Code drives the Chief of Police to inform the City Council with a recommendation of one, two or none.
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A committee not connected with the companies reviewed the score sheet from procurement and proceeded to conduct inspections on same day to ensure no company had an advantage . Based on the scoring criteria, the committee met with the Police Chief and provided input. He did not solicit an opinion one way or the other and took into consideration what each of the members of the committee found when the inspection was done. He then evaluated score sheets and comments. Then he has the duty of reporting to the City Council a recommendation. Once all information was reviewed, the comfortability was not there to select two. It is there for one tow company. 0o0
Mayor Pro Tem Carrizales asked if he was at liberty to disclose the points that the last three qualifying companies scored. 0o0

He does not have a problem with Pepe’s Towing. He has a secure lot. 0o0
Mayor Robertson emphasized that the City should not be without a tow company. The Interim City Manager has the discretion to sign a contract for immediate services up to $100,000. That will not be an issue. There will be a back-up plan.

She recalled making modifications to the language related to towing services.
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Police Chief Kling stated it was March of 2015.
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Motion by Council Member Scott, second by Council Member Baca and carried by a 5-0 vote to 1) Accept the Written Recommendation of the Chief of Police 2) Award a Franchise Agreement for Official Police Towing Services to Pepe’s Towing Service, a California Corporation, for an Initial Term of 25 Months Commencing June 1, 2024, through June 30, 2026, with two Optional Annual Extensions Through June 30, 2028; and 3) Authorize the Acting City Manager, or Designee to Execute all Documents.

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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Community Services Cynthia Alvarado-Crawford gave the report. 0o0
REPORTS The City Council gave their reports.
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_________________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 082DB5E2-FA03-42E7-8D57-F6B06C2E1B18

Rialto City CouncilMay 14, 2024

Rialto City Council
May 14, 2024