Minutes — Rialto City Council, September 10, 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, September 10, 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, September 10, 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 Interim City Manager G. Michael Milhiser, City Attorney Eric Vail, and City Clerk Barbara McGee.

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

EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Matters: Five (5)

1. Esteban Hernandez v. City of Rialto, et al,
USDC No. 5:22-cv-01807-SSS-SP

2. City of Camden v. Tyco Fire Products LP, et al.

USDC South Carolina, Case No.2:24-cv-02321

3. City of Camden v. Chemguard, Inc., et al.

USDC South Carolina, Case No. 2:24-cv-02321

CLOSED SESSION

SUBSEQUENT NEED ITEM

4. City of Columbia dba Columbia Water et al., v.

RMG and BASF Corporation, et al.

USDC South Carolina, Case No. 2:18-mn-02873

5. City of Columbia dba Columbia Water et al., 3M and the DuPont et al.

USDC South Carolina, Case No. 2:18-mn-02873

2. CONFERENCE WITH LEGAL COUNSEL –

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

1. Rialto Well 5 and the Baseline Feeder System

2. Dig Alert Notice of Probable Violation
(Item to be continued to the September 24, 2024
City Council Meeting)

3. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: One (1)
Joshua Augustus v. City of Rialto et al.

SBSC Case No. CIVSB2426245

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Motion by Council Member Trujillo and second by Mayor Robertson and carried by a 5-0 vote to add Subsequent Need Item, Joshua Augustus v. City of Rialto et al. to the agenda.
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Motion by Council Member Baca and second by Mayor Pro Tem Carrizales and by carried by a 5-0 vote to go into Closed Session at 5:04 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 Interim City Manager G. Michael Milhiser, City Attorney Eric Vail , City Treasurer Edward Carrillo, and City Clerk Barbara McGee.
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SUBSEQUENT NEED ITEM

1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Matters: Five (5)

1. Esteban Hernandez v. City of Rialto, et al,
USDC No. 5:22-cv-01807-SSS-SP

2. City of Camden v. Tyco Fire Products LP, et al.

USDC South Carolina, Case No. 2:24-cv-02321

3. City of Camden v. Chemguard, Inc., et al.

USDC South Carolina, Case No. 2:24-cv-02321

4. City of Columbia dba Columbia Water et al., v.

RMG and BASF Corporation, et al.

USDC South Carolina, Case No. 2:18-mn-02873

5. City of Columbia dba Columbia Water et al., 3M and the DuPont et al.

USDC South Carolina, Case No. 2:18-mn-02873

The City Council heard a report from the City Attorney’s Office and received direction.

2. CONFERENCE WITH LEGAL COUNSEL –

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

1. Rialto Well 5 and the Baseline Feeder System

The City Council received a briefing from the City Attorney’s office.

There was no other reportable action.

2. Dig Alert Notice of Probable Violation
(Item to be continued to the September 24, 2024
City Council Meeting)

3. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: One (1)
Joshua Augustus v. City of Rialto et al.

SBSC Case No. CIVSB2426245

The City Council received a report from the City Attorney and gave direction. There is no other action on Item.

PRESENTATIONS AND

PROCLAMATIONS

1. Presentation - Certificates for National Tradesmen’s Day – Council Member Trujillo

2. Certificate of Recognition for Connie Moore Bottine – Council Member Trujillo
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Mayor Robertson introduced volunteer interns from Pacific High School Brenda Armento and Dianet Ramos.

She asked Fire Chief Brian Park to give wildfires update.

She reminded the public that tomorrow is the 23 rd year anniversary of 9/11 National Day of Service & Remembrance.
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Fire Chief Brian Park gav e the City Council a brief update on the Regional Fire Activity Status. He stated the Governor declared State of Emergency and is assisting in the situation.
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The Mayor and City Council thanked Fire Chief Park and the Rialto Police Department for the dual coordination.
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ORAL COMMUNICATIONS Veronica Perez addressed the City Council related to the war in Gaza.

She stated the war needs to end and what will the response be? She stated that International and Leahy laws need to be followed and stop providing offensive weapons to military units committing gross human rights violations. She is asking that the City Council draft a ceasefire resolution.
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Lupe Camacho addressed the City Counci l related to the League of Women Voters nonpartisan review of the propositions for this term of elections and invited the public to view the League of Women Voters website local chapter in the San Bernardino area or would like to request a presentation.

She brought up resident concerns related to campaign advertisements from Rafael Trujillo. She stressed the importance of not misleading the community with advertisement such as “Our Mayor” on campaign signs. 0o0

Docusign Envelope ID: 3292D9F9-58FF-4F43-B1D2-C33E51D37008 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 10, 2024 Page 5 ORAL COMMUNICATIONS Ms. Camacho stated there needs to be clarity about the information given to the community.
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Estevan Bennett addressed the City Council related to a new healthcare program with the Rialto Family Services. In conjunction with Dignity Health, there will be a mobile van offering medical services to Rialto residents insured or not on the second Thursday of the month between 9:00-1:00 p.m. in the Communi ty Services Department. More information to follow will be distributed.
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City Council to Consider removing or
continuing any items on the agenda Mayor Robertson recused herself from Warrant Resolution No. 0 8 payment to the National Council of Negro Women.
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F.3
Grand Application to the Santa Ana
Watershed Project Authority for
Proposition 1
Council Member Trujillo asked to pull Item F.3 for further explanation. 0o0
Council Member Scott stated the purpose of applying for the grant is related to septic to sewer connections that the City has viable locations. 0o0
Council Member Trujillo asked about some of the locations that still need to be converted.
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Toyasha Sebbag, Assistant to the City Manager, stated the area being considered for the SAWPA grant is the area by the North 210 Freeway, area No. 3.
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Mayor Robertson asked to elaborate on why the location by the 210 Freeway was identified.
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Ms. Sebbag stated the SAWPA grant is for $319,000. Several areas were considered. It was determined the 210 Freeway area would fully fund area No. 3 converting 12 residential units. It’s a pilot project to determine actual cost.
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Council Member Baca agrees applying for the funding. He hopes other areas will be considered. He commends the Committee for making the recommendation.
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He asked why the City of Rialto is asking to approve a letter to Governor Newsom to veto Assembly Bill 98 and why should the City be involved in something the State is making decisions on.
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Council Member Trujillo stated that as part of the League of Cities, they were asked to write opposition letters to this Bill in part due to the local control matter and the negative impact not only in Rialto but other cities.

There are penalties if not in compliance under the new standards. 0o0
Council Member Baca stated that the City does not need to oppose the legislation just because the League of California Cities is asking.

We need to determine how much of a direct impact it has on Rialto.

If there is an impact, then we get involved.
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Mayor Robertson stated that in addition to this Item, through a coalition of Southern California Mayors, a letter with her signature was sent.

This is a matter that has been ongoing.

If the City Council wishes to debate and discuss the matter, then m ake the presentation, discuss and vote.
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Tanya Williams, Assistant City Manager, presented Consent Calendar staff report Item F.4 to the City Council.
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Mayor Robertson expressed her concerns for Assembly Bill 98 and the effects in Rialto.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4 -1 vote to approve a Letter Requesting Governor Newsom to Veto Assembly Bill 98.

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

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

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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 08
B.2 Warrant Resolution No. 09

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – August 27, 2024

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D. CLAIMS AGAINST THE CITY – FOR INFORMATION ONLY
D.1 Arthur Cervantes - Damages
D.2 Michelle Wyble - Damages
D.3 Paul Gonzalez - Damages

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E. SET PUBLIC HEARING
E.1 Request the City Council Set a Public Hearing for September 24, 2024 to consider an appeal of the Planning Commission’s decision approving an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023 -0022), Tentative Parcel Map No. 2023 -0001, Conditional Development Permit No. 2023-0011, and Precise Plan of Design No. 2023 -0018, for the development and use of a 225,173 square foot industrial warehouse building on 11.19 net acres of land (APN: 0239-301-40, -49, -51, -55, -56, & -64) located at the southeast corner of Locust Avenue and West Coast Boulevard within the Planned Industrial Development (I -PID) land use district of the Rialto Airport Specific Plan.

E.2 Request City Council to Reschedule a Public Hearing for November 12, 2024, to Consider and Adopt: 1) Environmental Assessment Review No. 2024-0022 and Zoning Code Amendment No. 2024 - 0002 - an Ordinance amending Section 11.22.090 of Chapter

11.22 “Wireless Telecommunications Facilities in the Public Right- of-Way” and adding Section 18.111.100 to Chapter 18.111 “Wireless Telecommunications Facilities” of the Rialto Municipal Code; and, 2) A Resolution to approve “Guidelines for Batch Broadband Permit Processing”.

F.2 Request City Council to Authorize the Release of Bids for the Baseline Storm Drain Project, City Project No. 170700.

F. 3 Request City Council and Rialto Utility Authority Board to authorize Staff to Submit a Grant Application to the Santa Ana Watershed Project Authority for Proposition 1, Round 2 grant funds for a Septic to Sewer Project in the amount of $319,000.

F.4 Request City Counc il to Approve a Letter Requesting Governor Newsom to Veto Assembly Bill 98.

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

Mayor Robertson recused herself from Warrant Resolution No. 0 8 for payment to the National Council of Negro Women in the amount of $4,025.57.
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PUBLIC HEARING
TAB 1
Adopt Resolution No. 8287 approving
Fiscal Year 2023-2024 (CAPER)
Cynthia Alvarado-Crawford, Director of Community Services , and Ana 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 Resolution No. 8287 approving the Fiscal Y ear 2023 -2024 Consolidated Annual Performance and Evaluation Report (CAPER); 3) Authorize the City Manager to sign all necessary documents to submit the Fiscal Year 2023-2024 CAPER to the U.S. Department of Housing and Urban Development (HUD). 0o0
Mayor Robertson stated the Power Point presentation is not consistent with the staff report package related to reimbursement funds. 0o0
Council Member Trujillo stated that the Rental, Mortgage, Utility figure is different.
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Ms. Lenoue stated that as the reimbursement requests come in, the City pays the reimbursement. Then the Finance Department will draw through IDIS so HUD will reimburse the City. Timing could be the situation.

Mayor Robertson recommended that the report demonstrate agency providing services, but paperwork was not completed and not meeting goal.
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Ms. Lenoue stated that some participants choose not to submit paperwork.
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Council Member Baca asked how many Legal Aid Services participants are Rialto residents.
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Ms. Lenoue stated she would have to look up the information. 0o0

Under CDBG, they served 78 participants but were unable to collect any documentation for HUD to verify qualified Rialto residents were served.

She referenced Mobile Recreation and stated that although documentation shows over 300 people were served, only 20 participants submitted paperwork. T he challenge is collecting documentation needed for HUD.
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Council Member Trujillo briefly pointed out the difference in programs between CDBG and CDBG-CV.
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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. 8287 approving the Fiscal Year 2023 -2024 Consolidated Annual Performance and Evaluation Report (CAPER) with noted corrections; 3) Authorize the City Manager to sign all necessary documents to submit the Fiscal Year 2023-2024 CAPER to the U.S. Department of Housing and Urban Development (HUD).
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Docusign Envelope ID: 3292D9F9-58FF-4F43-B1D2-C33E51D37008 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 10, 2024 Page 11 TAB 2
Adopt Resolution No. 8288;
Adopt Resolution No. 8289;
Adopt Resolution No. 8290;
Introduce and Waive First Reading of
Ordinance No. 1695 Authorizing the Levy
of a Special Tax within the Community
Facilities District No. 2024-1
(Renaissance)
Daniel Casey, Senior Planner, presented staff report to Request the City Council to Conduct a Public Hearing for the Formation of City of Rialto Community Facilities District No. 2024 -1 (Renaissance) 1) Adopt Resolution No. 8288 Determining the Validity of Prior Proceedings and Establishing Community Facilities District No . 2024 -1 (Renaissance); and 2) Adopt Resolution No. 8289 Determining the Necessity to Incur Bonded Indebtedness within Community Facilities District No. 2024 -1 (Renaissance) and Calling a Special Election; and Hold Election; and 3) Adopt Resolution No. 8290 Canvassing the Results of the Election held within Community Facilities District No. 2024-1 (Renaissance); and 4) Introduce and Waive First Reading of Ordinance No. 1695 Ordinance Authorizing the Levy of a Special Tax within the Community Facilities District No. 2024-1 (Renaissance).
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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 Scott, second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing.
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Council Member Trujillo inquired about the boundaries and asked what is south of the residential area.
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Mr. Casey stated the boundary is Phase 1 area of the Renaissance residential area. Immediately to the south is a fire station and existing industrial developments.
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Mayor Robertson inquired about the River Ranch community matter and asked for assurance from staff that the City would not find themselves in the same situation with this housing developer as with the River Ranch development.
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Director of Community Development Cataldi stated that Lennar is the master merchant builder of the River Ranch community, a non -gated community and fully entitled.

The project before the City Council is handled differently by the Lennar Development Company. It is a gated community.

The first phase, the 429 individual lots, will be gated and subject to the requirements of those rules within the gated community and approval of the CC&R California Department of Real Estate and Conditions Approval by the City.

HOA representation is shifting from Lennar to the residents over the next months or years. More HOA information to follow in the coming weeks after HOA meeting discussions are held.
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Mayor Robertson expressed her concern that as the River Ranch community matter is resolved, the City does not enter into another same situation with this project.
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Council Member Trujillo asked if this development will be required to have video cameras for safety purposes.
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Mr. Casey stated the development included Planning Commission approval a precise plan of design. The police department provided conditions of approval to require the installation of cameras hooked up to the Fusus system.

In a residential neighborhood, cameras are limited to open space areas than individual residential lots. The developer is required to coordinate with the police department on installation of cameras.
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Council Member Trujillo stated that entrances and exits are highly important especially with car thefts, so license readers can be utilized. 0o0

City of Rialto Community Facilities District No. 2024 -1 (Renaissance) and represents 42 votes.

Special Election for Special Tax, Bond and Appropriations Limits Forty-two votes: Yes.
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ORDINANCE 1695

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2024 -1
(RENAISSANCE) AUTHORIZING THE LEVY OF SPECIAL TAXES
WITHIN SAID DISTRICT.
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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
Authorize a Contract Change Order to
GEI Consultants Inc. for Environmental
Services for Fire Station 203 PFAS
Investigation and Reporting, City Project
No. 25023; Authorize Enrollment in a
Voluntary Oversight Program with the
Regional Water Quality Control Board
(RWQCB)
Brian Park, Fire Chief, presented staff report to Request City Council to 1) Authorize a Contract Change Order in the Amount of $339,635 to GEI Consultants Inc. (GEI) Pursuant to their On Call Agreement for Environmental Servi ces for Fire Station 203 PFAS Investigation and Reporting, City Project No. 25023; 2) Authorize Enrollment in a Voluntary Oversight Program with the Regional Water Quality Control Board (RWQCB) and 3) Authorize the City Manager or Their Designee to Execute All Related Documents.
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Motion by Council Member Scott, second by Council Member Baca and carried by a 5-0 vote to 1) Authorize a Contract Change Order in the Amount of $339,635 to GEI Consultants Inc. (GEI) Pursuant to their On Call Agreement for Environmental Services for Fire Station 203 PFAS Investigation and Reporting, City Project No. 25023; 2) Authorize Enrollment in a Voluntary Oversight Program with the Regional Water Quality Control Board (RWQCB) and 3) Authorize the City Man ager or Their Designee to Execute All Related Documents.
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TAB 4
Adopt Resolution No. 8291; Award
Construction Contract to MC Electric for
the Fire Station 204 Generator
Installation, City Project 240202
Tim Sullivan, Director of Public Works, presented staff report to Request City Council to 1) Adopt Resolution No. 8291 Authorizing the Appropriation of $472,138 in Fire Development Impact Fund 2217; 2) Award a Construction Contract to MC Electric in the Amount of $397,200 for the Fire Station 204 Generator Installation, City Project No. 240202; and 3) Authorize the City Manager or their Designee to Execute all Related Documents.
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Motion by Council Member Trujillo, second by Council Member Baca and carried by a 5-0 vote to Delegate Authority to the City Manager or their Designee to Approve Contract Change Orders in the Cumulative Amount of $1,500,000 for the Various Streets Phase 2, City Project No. 240802.
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TAB 6
Authorize Purchase of a Bearcat G3
Armored Rescue Vehicle from Lenco
Industries
Mark Kling, Police Chief, presented staff report to Request to City Council to 1) Authorize the Purchase of a Bearcat G3 Armored Rescue Vehicle from Lenco Industries for a Tot al Cost of $435,440.46; and 2) Authorize the Interim City Manager, or his Designee to Execute All Documents.
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Motion by Mayor Pro Tem Carrizales, second by Council Member Scott and carried by a 5-0 vote to 1) Authorize the Purchase of a Bearcat G3 Armored Rescue Vehicle from Lenco Industries for a Total Cost of $435,440.46; and 2) Authorize the Interim City Manager, or his Designee to Execute All Documents.
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Council Member Baca asked what will happen with the old B earcat.

Will any funding be redeemed?
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Police Chief Kling stated once they receive possession of the new Bearcat, the old one will be taken out of service. It will be given to fleet, put up for auction and recouped up to $40,000. It will go to a small er jurisdiction that can still utilize it.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to 1) Approve the Second Amendment to Agreement for Services with Bio-Tox Laboratories, Inc for the Period of FY2024/2025 Through FY2025/2026, Total Agreement Amount of $350,000; 2) Approve the Issuance of a Purchase Order for FY2024/2025; and 3) Authorize the Interim City Manager or Designee to Execute all Documents.
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TAB 8
Approve Purchase of Radio Frequency
Detector/Cell Site Simulator with Jacobs
Technology Inc. (JTI)

Mark Kling, Police Chief, presented staff report to Request City Council to 1) Approve the Purchase of a Radio Frequency Detector/Cell Site Simulator in the Amount of $930,005.16 with Jacobs Technology Inc. (JTI); and 2) Authorize the Interim City Manager or his Designee to Execute all Documents.
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Council Member Baca expressed his concerns with the system and how will it be monitored, and that appropriate safeguards are in place. 0o0
Police Chief Kling stated that Government Code 53166 provides law enforcement the ability to utilize the technology. He briefly explained how the system works using IMSI, International Mobile Subscriber Identity, number and in what instances it will be utilized. 0o0
Council Member Baca stated he is glad to be moving towards new technology to move a lot quicker.
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Police Chief Kling stated it is the next step that law enforcement is moving towards.
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Council Member Baca stated he is glad that personal information will not be accessed. It needs to go through a court order. 0o0

David with Jacobs Technology ensured the City Council that the system has administrative controls that can only be accessed by specific means. There is no content involved with the use of the system.

It operates on transactional information only.

Jacobs Technology staff will be training Rialto designated operating staff on the use of the system.
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Council Member Trujillo asked in what alternative situations would the equipment be better used for.
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Police Chief Kling stated missing persons, human and weapons trafficking.
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Council Member Trujillo thanked Police Chief Kling for staying up to date with technology.
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Police Chief Kling recounted a previous case in which the police department could have benefited from the system.
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Motion by Mayor Pro Tem Carrizales, second by Council Member Trujillo and carried by a 5-0 vote to 1) Approve the Purchase of a Radio Frequency Detector/Cell Site Simulator in the Amount of $930,005.16 with Jacobs Technology Inc. (JTI); and 2) Authorize the Interim City Manager or his Designee to Execute all Documents.
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Community Services Director of Community Services Alvarado-Crawford gave the report. 0o0

Motion by Mayor Pro Tem Carrizales, second by Council Member Trujillo and carried by a 5-0 vote to adjourn the City Council Meeting at 8:57 p.m.

The City Council adjourned in memory of:

James Earl Jones,
Legendary Actor

Walter A. Jarman Jr.,
Active Member of Community

Noel Wiggins,
Active Member of Community

Greta Hodges,
Active Member of Community

_________________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

Docusign Envelope ID: 3292D9F9-58FF-4F43-B1D2-C33E51D37008

Rialto City CouncilSeptember 10, 2024

Rialto City Council
September 10, 2024