Rialto City Council
September 22, 2026

Tuesday, September 22, 2026
City of Rialto
Council Chambers
150 S. Palm Ave
Rialto, CA 92376
City Council
Mayor Joe Baca
Mayor Pro Tem Ed Scott
Council Member Andy Carrizales
Council Member Karla Perez
Council Member Edward Montoya Jr.

City Clerk Barbara A. McGee
City Treasurer Edward J. Carrillo
Eric Vail, City Attorney
Tanya Williams, City Manager
Regular Meeting
CLOSED SESSION TIME: 5:00PM
OPEN SESSION TIME: 6:30 PM
CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO

HOUSING AUTHORITY
1 City Council Regular Meeting September 22, 2026
HOW TO REVIEW THE AGENDA.

All Agendas are posted in the City Hall Administration Building – 150 South Palm Avenue, Rialto at least 72 hours in advance of the meeting. All writings that relate to an Open Session agenda item at a regular City Council Meeting and distributed to all, or a majority, of the council member will be made available at the same time but at least 72 hours before a regular meeting, for public inspection on City’s website at www.rialtoca.gov and in the Office of the City Clerk located at 290 West Rialto Avenue, Rialto, California, (909) 820-2519 from 7:00am-6:00pm Monday-Thursday.

ITEMS ADDED TO THE AGENDA.

Consistent with the Ralph M. Brown Act, additional items may be added to the agenda and acted upon by the City Council only if its is considered to be a “Subsequent Need” or “Emergency” item and is added by a two-thirds vote. Matters raised under Oral Communications may not be acted upon at that meeting other than as provided above.

NEED ADA ASSISTANCE?
In compliance with the Americans with Disabilities Act, if you require a reasonable accommodation to participate in this meeting, please contact the Director of Public Works at (909) 421-7279 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting (28 CAR 35.102-35.104 ADA Title II).

HOW TO ATTEND THE MEETING.
(1) Members of the public may attend the meeting in person. (2) Via Zoom: Use the following link: https://us06web.zoom.us/j/89525170072. (3) Via Phone: Call (669) 444-9171, enter meeting ID 895 2517 0072 (4) Watch live steaming video of the Meeting at https://www.rialtoca.gov/183/Rialto-Network (5) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99.

HOW TO MAKE A PUBLIC COMMENT. UP TO 5 MINUTE TIME LIMIT. (1) Appear at the meeting in person and speak during the public comment period. We request that you complete a Public Speaker Form and submit it to the City Clerk before the meeting. (2) Via Zoom: Use the following link: https://us06web.zoom.us/j/89525170072 (Use Raise hand function to request to speak at the start of your item, follow on screen prompts to unmute) (3) Via Phone: Call (669) 444-9171, enter meeting ID 895 2517 0072 (Must call in with hand raised before comment is called on your item, use star 9 to raise hand, star 6 to unmute when prompted)
(4) You may submit a public comment in writing before 6:00 pm the day of the meeting to the City Clerk by email at [email protected].

Next Ordinance No. 1715
Next Resolution No. 8582

2 City Council Regular Meeting September 22, 2026
5:00 p.m.

CLOSED SESSION
Called to Order By:

ROLL CALL
1 26-0609 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: Three (3)
· 3122 S Riverside Avenue LLC v. Jurupa Alere LLC
SBSC Case No CIV SB 2106647
· Rafael Chavez Jr et al v. Andrew Villasenor et al.

SBSC Case No. CIV SB 2507309
· Danielle Womack v. City of Rialto et al.

SBSC Case No CIV SB 2228153

3 City Council Regular Meeting September 22, 2026
6:30 p.m.

OPEN SESSION
Called to Order By:

ROLL CALL
PLEDGE OF ALLEGIANCE - Council Member Karla Perez
INVOCATION - David Gaunt - Sunrise Church
City Attorney’s Report on Closed Session

PRESENTATIONS AND PROCLAMATIONS
1 26-0599 Presentation - Southern California Edison Programs - Carina Cabrera, SCE Government Relations Manager
2 26-0610 Presentation by Fire Chief Jensen - California Interagency Incident Management Team 5 (CAIIMT 5) Appointment: Division Chief Ryan Cathey 3 26-0611 Baseline Storm Drain Construction Project Progress Video

ORAL COMMUNICATIONS
City Council to consider removing or continuing any items on the agenda

NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion in the following form listed. There will be no separate discussion on these items. If discussion is required, the item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call.

CONSENT CALENDAR
A. WAIVE FULL READING OF ORDINANCES
The Council hereby waives the full reading of any ordinance to be introduced or approved at this meeting and such ordinance shall be read by title only.

B. APPROVAL OF WARRANT RESOLUTIONS
B.1 26-0591 Warrant Resolution No. 2027-10

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C. APPROVAL OF MINUTES
C.1 26-0605 Regular City Council Meeting - September 8, 2026 D. CLAIMS AGAINST THE CITY - FOR INFORMATION ONLY
D.1 26-0602 Veronica Cina
D.2 26-0603 Evelin Janeth Escalante
D.3 26-0604 Jose Alfredo Escobedo
E. SET PUBLIC HEARING
E.1 26-0594 Request City Council to: (1) Set a Public Hearing for November 10, 2026, to Conduct a Property Owner Protest Ballot Proceeding; (2) Adopt Resolution No. 8573 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2026/2027; (3) Adopt Resolution No. 8574 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and Conduct a Property Owner Protest Ballot Proceeding on the Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2026/2027; and (4) Direct Webb Municipal Finance, on Behalf of the City Clerk, to Mail a Public Notice and Official Ballot to all Affected Property Owners Prior to the Public Hearing. A Consent and Waiver was Signed by each Owner of Property Annexing into LLMD No. 2 Waving the 45-day Period as Stated in Section 4 of Article XIIID of the California Constitution.

F. MISCELLANEOUS
F.1 26-0568 Request City Council/Rialto Utility Authority to: (1) Approve the Cost Share Agreement With San Bernardino Valley Municipal Water District for Salt and Nutrient Management Planning Phase 3A, in an Amount Not-to-Exceed $29,405; and (2) Authorize the City Manager/Executive Director or Their Designee to Execute all Related Documents.

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F.2 26-0583 Request City Council to: (1) Adopt Resolution No. 8575 Approving a Construction Fee Credit and Reimbursement Agreement by and Between the City of Rialto and Warmington Residential California, Inc., a California Corporation, Including a Credit of $198,288 From Regional Traffic Fee Fund, and $2,848 From Street Median Fee Fund, and Authorizing the Associated Reimbursement to the Developer; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents.

F.3 26-0584 Request City Council to: (1) Approve a Joint Use Agreement with Southern California Edison Related to the Precise Plan of Design 2023-0041, Located at the Southwest Corner of Locust Avenue and Lowell Street; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents.

F.4 26-0585 Request City Council to (1) Approve the California Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant Agreement No.

MC27010 in the Amount of $19,500; (2) Adopt Resolution No. 8576 Amending the 2026-2027 Fiscal Year Budget; and (3) Authorize the City Manager or Their Designee to Execute All Related Documents.

F.5 26-0586 Request City Council to: (1) Approve Amendment No. 1 to Consulting Agreement #2024-2000 with National Public Safety Group, LLC, a North Carolina Limited Liability Company, for Continued Project Management Services Related to the Police Department’s Public Safety Software Implementation for a 12-month Term in the Amount of $120,000; (2) Authorize the City Manager or Designee to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and (3) Authorize the City Manager or Their Designee to Execute All Documents Including Any Changes or Increases in Service.

F.6 26-0587 Request City Council to: (1) Approve the California Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement No. PT27140 in the Amount of $365,000; (2) Adopt Resolution No. 8577 Amending the 2026-27 Fiscal Year Budget; and (3) Authorize the City Manager or Their Designee to Execute All Related Documents.

F.7 26-0596 Request City Council to Approve Assignment and Assumption Agreements Between the City of Rialto, Fountainhead Consulting Corporation, and Milestone CM Consulting, LLC Assigning Rights and Obligations Related to: (1) Assignment to Milestone, CM Consulting, LLC of the On-Call Professional Services Agreement Dated April 12, 2022; and (2) Assignment to Milestone CM Consulting, LLC of the Professional Services Agreement Dated December 16, 2025, as Amended May 12, 2026; and (3) Authorize the City Manager or Their Designee to Execute all Related Documents.

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F.8 26-0597 Request City Council to: (1) Authorize Staff to Submit an Application for the Cycle 13 Highway Safety Improvement Program in the Amount of $10,000,000; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents.

TAB PUBLIC HEARING
TAB1 26-0570 Request City Council to: (1) Conduct the Public Hearing, to Solicit Public Comments from Interested Citizens; and (2) Adopt Resolution No. 8578 Approving the Program Year 2025-2026 Consolidated Annual Performance and Evaluation Report (CAPER); and (3) Authorize the City Manager or their designee to Sign All Necessary Documents to Submit the Program Year 2025-2026 CAPER to the U.S. Department of Housing and Urban Development (HUD).
(ACTION)

TAB NEW BUSINESS
TAB2 26-0593 Request City Council to: (1) Approve Contract Change Order No. 1 with CT&T Concrete Paving, Inc. in the Amount of $248,595 for Additional Scope of Work for the Frisbie Middle School Safe Route to School Improvements Project, City Project No. 240804; (2) Authorize a Task Order in the Amount of $38,200 with Bureau Veritas North America Pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Additional Scope of Work for the Frisbie Middle School Safe Route to School Improvements Project, City Project No. 240804; and (3) Authorize the City Manager or Their Designee to Execute all Related Documents.
(ACTION)
TAB3 26-0600 Request City Council to: (1) Adopt Resolution No. 8579 Amending the Fiscal Year 2026-2027 Budget in the Amount of $2,000,000 From General Fund Reserves for Asphalt and Concrete Maintenance Services Under the Existing Hardy & Harper, Inc. Maintenance Contract; and (2) Authorize the City Manager or Their Designee to Execute Necessary Task Orders and Related Documents Under the Contract for Such Work.
(ACTION)

7 City Council Regular Meeting September 22, 2026
TAB4 26-0601 Request City Council to: (1) Adopt Resolution No. 8580 Amending Fiscal Year 2026-2027 Budget Appropriating an Additional $2,241,793.24 to the EMS GEMT Fund 2209 (2) Adopt Resolution No. 8581 Amending Fiscal Year 2026-2027 Year Budget Appropriating an Amount of $850,000.00 to the Development Impact Fee - Fire Fund 2217 (3) Approve the Purchase of Seven (7) Type I Ambulances through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program (HGACBuy Contract No. AM10-23), From Sterling McCall Ford and Frazer, Ltd., in the Amount of $3,074,775.00; (4) Approve the Purchase of Related Patient Care and Communications Equipment, Including Stryker Power-Load Cots and Stair Chairs in the Amount of $628,719.32, Zoll X Series Cardiac Monitor/Defibrillators in the Amount of $330,547.78, Zoll AutoPulse NXT Resuscitation Systems in the Amount of $55,919.84, and Motorola APX6500 Mobile Radios in the Amount of $51,831.30; for a Total Equipment Amount of $1,067,018.24; and, (5) Authorize the City Manager, or Designee, to Execute all Related Purchase Orders and Documents.
(ACTION)

REPORTS
MAYOR:

COUNCIL MEMBERS:

CITY ATTORNEY:

CITY MANAGER:

ADJOURNMENT

8 City of Rialto
Legislation Text
File #: 26-0609, Version: 1, Agenda #: 1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: Three (3)
· 3122 S Riverside Avenue LLC v. Jurupa Alere LLC
SBSC Case No CIV SB 2106647
· Rafael Chavez Jr et al v. Andrew Villasenor et al.

SBSC Case No. CIV SB 2507309
· Danielle Womack v. City of Rialto et al.

SBSC Case No CIV SB 2228153
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City of Rialto
Legislation Text
File #: 26-0599, Version: 1, Agenda #: 1
Presentation - Southern California Edison Programs - Carina Cabrera, SCE Government Relations Manager
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City of Rialto
Legislation Text
File #: 26-0610, Version: 1, Agenda #: 2
Presentation by Fire Chief Jensen - California Interagency Incident Management Team 5 (CAIIMT 5) Appointment: Division Chief Ryan Cathey
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City of Rialto
Legislation Text
File #: 26-0611, Version: 1, Agenda #: 3
Baseline Storm Drain Construction Project Progress Video City of Rialto Page 1 of 1 Printed on 9/17/2026
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City of Rialto
Legislation Text
File #: 26-0591, Version: 1, Agenda #: B.1
Warrant Resolution No. 2027-10
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ACCOUNTS PAYABLE : FY 2026-2027
WARRANT RESOLUTION 10
RESOLUTION DATE 9/3/2026

SUMMARY OF ATTACHED REPORTS

VOIDED CHECKS

WARRANTS & WIRES (- FIGURE)
$2,241,382.59 -$37,355.67
TOTALS $2,241,382.59 -$37,355.67
TOTAL RESOLUTION $2,204,026.92
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VOID CHECKS LIST
WARRANT RESOLUTION NO. 2027-10
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Legislation Text
File #: 26-0605, Version: 1, Agenda #: C.1
Regular City Council Meeting - September 8, 2026
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Council Chambers
150 S. Palm Ave
Rialto, CA 92376
City of Rialto
Meeting Minutes
City Council
Mayor Joe Baca
Mayor Pro Tem Ed Scott
Council Member Andy Carrizales
Council Member Karla Perez
Council Member Edward Montoya Jr.

City Clerk Barbara A. McGee
City Treasurer Edward J. Carrillo
Eric Vail, City Attorney
Tanya Williams, City Manager
Tuesday, September 8, 2026 6:30 PM
CLOSED SESSION TIME: 5:00PM
OPEN SESSION TIME: 6:30 PM
CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency,

RIALTO UTILITY AUTHORITY, RIALTO HOUSING AUTHORITY
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 8, 2026.

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.
5:00 p.m.

CLOSED SESSION
Called to Order By: Mayor Joe Baca

ROLL CALL
The roll was called, and the following were present: Mayor Joe Baca, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, Council Member Karla Perez and Council Member Edward Montoya Jr. Also, present were City Manager Tanya Williams, City Attorney Eric Vail, City Clerk Barbara McGee.

City Treasurer Edward Carrillo was absent.

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CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code section 54956.9(d)(2)
Significant Exposure to Litigation
Number of Matters: Two (2)
Heffelfinger - Industrial Disability Retirement
Cuellar - Workers Comp Claim
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6:30 p.m.

OPEN SESSION
Called to Order By: Mayor Joe Baca

ROLL CALL
The roll was called, and the following were present: Mayor Joe Baca, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, Council Member Karla Perez and Council Member Edward Montoya Jr. Also, present were City Manager Tanya Williams, City Attorney Eric Vail, City Clerk Barbara McGee and City Treasurer Edward Carrillo.

PLEDGE OF ALLEGIANCE - Council Member Edward Montoya
INVOCATION - Pastor Peter Ulloa - New Destiny Christian Church City Attorney’s Report on Closed Session

1. Conference with Legal Counsel - Anticipated Litigation. No reportable action.

Mayor Baca stated he would like to see a report from the Fire Dept. on how they can prepare for El Nino.

He would like for staff to look into covers at the baseball and softball fields at Frisbie Park.

He would also like a report regarding swimming pool fees for seniors.

PRESENTATIONS AND PROCLAMATIONS
1 Check Presentation to the City of Rialto from San Bernardino Valley Municipal Water District for the Demand Management Program. 2 Employee Recognition Presentation by Mayor Pro Tem Ed Scott City of Rialto Page 3
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ORAL COMMUNICATIONS

1. Adrienne Schaipp, English Teacher expressed her concerns regarding ICE agents abducting individuals in front of students. Attendance has dropped and everyone needs to feel safe to come to school.

2. Matthew Schaipp, expressed it would benefit the City to be proactive, in ensuring immigration activities happen away from the schools. How do you report an abduction if they don't know if they were Federal Agents or not.

3. Antonio Christodoulon, expressed concerns regarding safety at the schools but to invest in the schools and after school programs and things that give kids something to do after school, so they are not out on the streets.

4. Teresa, Rialto resident, asked for reasonable City guidelines for occasional children cookie stands and similar activities and differentiate them from true commercial businesses.

Mayor Baca stated they will work with River Ranch residents and look at the codes and ordinances to take into consideration of children engaging in these activities.

Mayor Baca stated in regards to the individuals who spoke regarding safety at the schools, the City is also very concerned this is happening throughout the whole City. he encouraged them to speak at the School Board meeting as well. There are certain jurisdictions and the City cannot interfere with the Federal government. They do want the kids to feel safe going to school.

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Police Chief Kling stated in 2017 the State of California passed a law, SB54, which completely restricts law enforcement to utilize personnel or any type of resources in aiding the Federal government in immigration enforcement.

The only time a police department would be involved is in the event Federal officers are being assaulted and the police will only try to restore the peace and make sure people are not getting hurt. The Federal government, immigration enforcement does not nor will they share with any local law enforcement their operations, when or what they are doing in a particular city or who they are after. There is no cooperation between Federal, State and Local law enforcements, specifically because of SB54. Local law enforcement does not have the jurisdiction to make a safe zone around the school. They are under the Federal umbrella, so they cannot overstep their bounds. This isn't the Rialto Police Dept. supporting the actions of the individuals, and they understand how disruptive it is.

City Council to consider removing or continuing any items on the agenda
City Attorney Eric Vail stated staff requested that Item E.4 be pulled and tabled.

Council Member Montoya requested Item E.3 for separate discussion.

Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5 0 vote to approve the Consent Calendar with the exception of E.3, for separate discussion and E.4 tabled.

Council Member Montoya stated he had a question about the Treasurer's investment report, in the veteran's committee meeting they discussed bringing to the City Council an endowment fund that would help them fund veteran events. He wanted to know what the status is on that.

City Treasurer Carrillo stated he doesn't establish the accounts, that is through Finance. If City Council requests a Fund be established, Finance will establish the account and start funding it. Then he will start reporting it on the Treasurer's Report. He has no authority to establish an account.

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Council Member Montoya stated in the Veteran's Committee they discussed bringing the option to City Council to establish the endowment fund so they can vote on it and get something started. Have they moved on bringing that to the City Council.

Mayor Baca stated that the City Manager has not have the opportunity to bring it to City Council as a recommendation. If that is the request they can look at the possibility of placing it on the agenda some time in the future.

Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 5-0 vote to approve Item E.3 and for staff and the committee to bring forward by the mid-year budget a proposal to establish an endowment fund for veterans events.

CONSENT CALENDAR
A. WAIVE FULL READING OF ORDINANCES
B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 2027-07
B.2 Warrant Resolution No. 2027-08
B.3 Warrant Resolution No. 2027-09
C. APPROVAL OF MINUTES
C.1
City Council Meeting - August 25, 2026
D. CLAIMS AGAINST THE CITY - FOR INFORMATION ONLY
D.1 Jesse Loring, Jessica Loring & Margaret Loring
D.2 Jesse Raygoza
D.3 Jose Luis Carrillo Gomez
D.4 Sylvester Armand Seeney
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E. MISCELLANEOUS
E.1 Request City Council/Rialto Utility Authority to: (1) Accept Grant Funding in the Amount of $50,000 Awarded through the San Bernardino Valley Municipal Water District Demand Management Incentive Program; and (2) Authorize the City Manager/Executive Director or Their Designee to Execute all Related Documents.

E.2 Request City Council to: (1) Approve the National Pollutant Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region Between the City of Rialto and the San Bernardino County Flood Control District.

E.3 Request City Council to Receive and File for Future Audit the Treasurer’s Investment Report as of July 31, 2026.

E.4 Request City Council to Adopt Resolution No. 8571 Approving the Industrial Disability Retirement of John Heffelfinger.

TAB PUBLIC HEARING
TAB1 Request City Council to Cancel a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2.
(ACTION)
Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 5-0 vote to cancel the scheduled Public Hearing.

TAB NEW BUSINESS
TAB2 Request City Council to: (1) Approve the Renewal of the Small Enterprise County and Municipality Agreement between the City and Esri, Inc., for a Three-Year Term in the Amount of $270,900.00; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents. (ACTION)
Motion by Council Member Carrizales, second by Mayor Pro Tem Scott and carried by a 5-0 vote to approve TAB 2.

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TAB3 Request City Council to: (1) Adopt a Budget Resolution No. 8572 Amending the Fiscal Year 2026/2027 Budget; (2) Award a Professional Services Agreement to Milestone CM Consulting, LLC in the Amount of $228,848 for Construction Management, Inspection and Materials Testing Services, for the Fire Station 201 Interior Improvements Project, City Project No. 25022; and (3) Authorize the City Manager or Their Designee to Execute all Related Documents.
(ACTION)
Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5-0 vote to approve TAB 3.

TAB4 Request City Council to: (1) Award a Construction Contract to Estate Design and Construction, Inc., a California corporation, in the Amount of $358,000 for the Fire Station 204 Dormitory Improvements Project, City Project No. 26023; (2) Award a Professional Services Agreement to Milestone CM Consulting, LLC in the Amount of $34,344 for Construction Management, Inspection, Labor Compliance, and Materials Testing Services for the Fire Station 204 Dormitory Improvements Project, City Project No. 26023; and (3) Authorize the City Manager or Their Designee to Execute all Related Documents.
(ACTION)
Motion by Council Member Perez, second by Mayor Pro Tem Scott and carried by a 5-0 vote to approve TAB 4.

TAB5 Request City Council to: (1) Approve a Three-year Contract Services Agreement with Prudential Overall Supply, a California corporation, for Uniform and Linen Services in the Not-to-Exceed Amount of $225,000 beginning Fiscal Year 2026/2027; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents.
(ACTION)
Motion by Council Member Carrizales, second by Council Member Perez and carried by a 5-0 vote to approve TAB 5.

TAB6 Request City Council to: (1) Approve a Three Year Services Agreement with Kalmikov Enterprises, Inc., a California corporation, dba Fire Apparatus Solutions, in the Amount of $400,000 Annually, Not to Exceed $1,200,000, for Preventive Maintenance and Repairs of Fire Apparatus, with the Option to Extend for Two Additional One-Year Terms in the amount of $400,000 annually per year with a total contract value of $2,000,000 at the City’s sole discretion; and (2) Authorize the City Manager or Their Designee to Execute All Related Documents. (ACTION)
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Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5-0 vote to approve TAB 6.

REPORTS

ADJOURNMENT
Motion by Council Member Perez, second by Council Member Montoya and carried by a 5 0 vote to adjourn the meeting at 7:42 pm. _________________________________

MAYOR JOE BACA
ATTEST:
_________________________________
CITY CLERK BARBARA A. McGEE
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Legislation Text
File #: 26-0602, Version: 1, Agenda #: D.1
Veronica Cina
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City of Rialto
Legislation Text
File #: 26-0603, Version: 1, Agenda #: D.2
Evelin Janeth Escalante
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City of Rialto
Legislation Text
File #: 26-0604, Version: 1, Agenda #: D.3
Jose Alfredo Escobedo
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Legislation Text
File #: 26-0594, Version: 1, Agenda #: E.1
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Yazdan Emrani, P.E., Director of Public Works
Request City Council to: (1) Set a Public Hearing for November 10, 2026, to Conduct a Property Owner Protest Ballot Proceeding; (2) Adopt Resolution No. 8573 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2026/2027; (3) Adopt Resolution No. 8574 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and Conduct a Property Owner Protest Ballot Proceeding on the Matter of the New Assessments Related Thereto Commencing with Fiscal Year 2026/2027; and (4) Direct Webb Municipal Finance, on Behalf of the City Clerk, to Mail a Public Notice and Official Ballot to all Affected Property Owners Prior to the Public Hearing. A Consent and Waiver was Signed by each Owner of Property Annexing into LLMD No. 2 Waving the 45-day Period as Stated in Section 4 of Article XIIID of the California Constitution.

RECOMMENDATION:

Staff recommends that the City Council:
1) Set a Public Hearing for November 10, 2026;
2) Adopt a resolution initiating the proceedings for the annexation of properties to the Rialto Landscaping and Lighting Maintenance District No. 2, and to levy and authorize collection of assessments commencing with Fiscal Year 2026/2027;
3) Adopt a resolution declaring the intention to annex properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and conduct a property owner protest ballot proceeding on the matter of the new assessments related thereto commencing with Fiscal Year 2026/2027; and
4) Direct Webb Municipal Finance, on behalf of the City Clerk, to mail a public notice and official ballot to all affected property owners prior to the Public Hearing. A Consent and Waiver was signed by each owner of property annexing into LLMD No. 2 waving the 45-day period as stated in Section 4 of Article XIIID of the California Constitution.

BACKGROUND:

The Landscaping and Lighting Act of 1972, (the “Act”), beginning with Section 22500 of the California Streets and Highways Code, authorizes the City Council to establish a special district to pay for the costs to operate and maintain public improvements that benefit private properties. In January 2005, the City Council established Rialto Landscaping and Lighting Maintenance District No. 2 (LLMD No. 2) to fund costs for the operation of new streetlights added to the City’s streetlight system and to fund City of Rialto Page 1 of 4 Printed on 9/17/2026
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2) to fund costs for the operation of new streetlights added to the City’s streetlight system and to fund costs for the maintenance of exterior parkway and median irrigation and landscaping adjacent to and associated with private land development.

The City established LLMD No. 2 to annex the public landscaping and lighting related to all new developments within the City. In contrast with LMD No. 1, the City may annually adjust the special assessments for inflation using the Consumer Price Index (CPI). The City conditions new development to annex into LLMD No. 2 to fund maintenance of exterior landscaped parkways or medians, and/or new streetlights. Proposition 218 allows for the maximum special assessment rate, levied under LLMD No. 2, to increase annually by the percentage increase of the Local CPI for the Riverside-San Bernardino-Ontario Area for All Urban Consumers from January to January, as originally approved by the voters.

ANALYSIS/DISCUSSION:

The City approves land development projects with conditions to construct parkways and/or median landscaping, and to install City streetlights. Developers must annex into LLMD No. 2 as a condition of the City’s acceptance of any publicly maintained landscaping and/or street lighting.

The proposed annexation includes the projects identified below and in the Engineer’s Report included as Attachment 1. Additionally, a vicinity map showing past annexations and the proposed annexations has been included as Attachment 2:

Non-Residential Annexation:

PPD 2022-0005: This development consists of two parcels proposed for commercial development on

2.65 acres of land.

PPD 2023-0041: This development consists of one parcel proposed for industrial development on

39.91 acres of land.

Residential Annexation:

PPD 2024-0008: This development consists of two parcels proposed for 81 condominium units on

5.12 acres of land.

The City proposes to annex these areas into LLMD No. 2 to fund, in whole or in part, the expenses required to service and maintain the improvements that provide special benefits to those parcels.

The City previously engaged Webb Municipal Finance as the City’s Assessment Engineer to prepare an Engineer’s Report identifying the properties for annexation into LLMD No. 2 and levying the special assessments against those properties beginning July 1, 2026. In order to establish an appropriate special benefit connection between the improvements, services provided, and the benefits to specific properties, the City has established Zones of benefit within LLMD No. 2. Based on the various improvements, services, and the type of property, the Engineer’s Report assigns each property to a Zone. The Engineer’s Report then allocates to all properties the net annual costs to provide services to each Zone within LLMD No. 2 using a weighted method to ensure that each property receives a reasonable assessment for the special benefits it receives.

The California Constitution requires a protest ballot proceeding prior to the proposed levy of new assessments as described in the Engineer’s Report. If the City Council initiates the annexation process, Webb Municipal Finance (on behalf of the City Clerk) will mail public notices and official City of Rialto Page 2 of 4 Printed on 9/17/2026
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process, Webb Municipal Finance (on behalf of the City Clerk) will mail public notices and official ballots to the property owner of record for the property annexed into LLMD No. 2. A Consent and Waiver was signed by the owners of property annexing into LLMD No. 2 waiving the 45-day period as stated in Section 4 of Article XIIID of the California Constitution. The proposed Resolution declaring the City Council’s intention to annex such property into LLMD No. 2 orders the Public Hearing to be scheduled for September 8, 2026, to consider public testimony on the new special assessments.

Once the City Council closes the Public Hearing, the City Clerk will open and tabulate the protest ballots received to determine whether a majority protest exists.

If a majority protest does not exist, the City Council may approve the Engineer’s Report, approve the related assessment diagrams, order the annexation of the various properties, and confirm the assessments as described in the Engineer’s Report. If approved by the City Council, the City will add the assessments to the annual LLMD No. 2 Engineer’s Report for Fiscal Year 2026/2027 and submit it to the San Bernardino County Auditor/Controller for inclusion on the property tax rolls for each of the affected parcels.

ENVIRONMENTAL IMPACT:

The administrative process to annex properties into a Special District is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY:

This action is consistent with Guiding Principle 3 in the General Plan:

Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.

This action is also consistent with the following goals and policies:

Goal 2-11: Design streetscapes in Rialto to support and enhance the City’s image as a desirable place to live, work, shop, and dine.

Policy 2-11.1: Require the screening of commercial or industrial parking areas, storage yards, stockpiles, and other collections of equipment from the public right-of-way.

Policy 2-11.2: Provide and maintain street trees and parkway landscaping within the public right-of -way for developed properties within Rialto. Require private development to do the same as per City design regulations.

Policy 2-11.4: Incorporate street trees and other landscape treatments along corridors to provide sufficient shade canopy and promote pedestrian comfort.

Policy 2-11.5: Require that projects with perimeter walls (including gated residential communities) provide an interesting streetscape, with pedestrian access to major travel ways.

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LEGAL REVIEW:

The City Attorney’s Office has reviewed the resolutions and approved them as to form.

FINANCIAL IMPACT:

Operating Budget Impact:

The proposed annexation will result in a maximum annual special assessment revenue of approximately $43,322.62 through LLMD No. 2 beginning in Fiscal Year 2026/2027, consisting of $42,682.74 for landscaping and $639.88 for lighting. The assessments will be used to fund the operation and maintenance of landscaping, irrigation, and street lighting improvements benefiting the assessed properties. The Maximum Assessment Rate is adjusted annually by the percentage increase of the local consumer price index commencing Fiscal Year 2026/2027.

Capital Improvement Budget Impact:

There is no impact on the Capital Improvement Budget related to the annexation of developments into LLMD No. 2.

Licensing:

A Business License application and payment of a Business License tax is not required for this action.

ATTACHMENTS:

1. Engineer’s Report

2. Vicinity Map

3. Resolution 1

4. Resolution 2
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Preliminary Engineer’s Report
Fiscal Year 2026-2027
City of Rialto
Landscaping and Lighting Maintenance District No. 2
Annexation of:

PPD 2022-0005 (JACKSONS FOOD STORES INC)
PPD 2023-0041 (IV5 LOCUST GATEWAY LOGISTICS CENTER LLC) PPD 2024-0008 (WARMINGTON RIALTO ASSOCIATES LP)
Prepared For
September 2026
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Table of Contents
Sections
Section i. Engineer’s Statement__________________________________________________i Section 1. Plans and Specifications_______________________________________________ 1 Section 2. Cost Estimate _______________________________________________________ 4 Section 3. Method of Apportionment ____________________________________________ 6 Section 4. Proposed Assessment _______________________________________________ 12 Tables
Table i-1. Summary of Assessments _____________________________________________iv Table 2-1. Landscape Cost Estimate for Maintenance________________________________ 4 Table 2-2. Zone L Lighting Cost Estimate for Maintenance____________________________ 5 Table 3-1. Zone L EBU Factor ___________________________________________________ 9 Appendices
Appendix A. Annexation Territory Assessment Roll _________________________________ A-1 Appendix B. Annexation Territory Assessment Diagram _____________________________ B-1 104
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 i
AGENCY: CITY OF RIALTO
TO: CITY COUNCIL

CITY OF RIALTO

STATE OF CALIFORNIA
PROJECT: RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION FISCAL YEAR 2026-2027
PPD 2022-0005 (JACKSONS FOOD STORES INC)
PPD 2023-0041 (IV5 LOCUST GATEWAY LOGISTICS CENTER LLC) PPD 2024-0008 (WARMINGTON RIALTO ASSOCIATES LP)
Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City of Rialto City Council (the “City Council”), submitted herewith is the "Report," consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscape and Lighting Act of 1972," (the “Act”) as amended, commencing with Section 22500 and Article XIIID of the California Constitution (Proposition 218), and which is in accordance with Resolution No. _____, adopted by the City of Rialto City Council, San Bernardino County, California ordering the preparation of the Engineer’s Report for the annexation of territory (the “Annexation Territory”) into Rialto Landscaping and Lighting Maintenance District No. 2 (hereinafter referred to as the “District” or “LLMD No. 2”), and the levy and collection of Assessments for Fiscal Year 2026-2027. This "Report" is applicable for the ensuing 12-month period, beginning July 1, 2026, to June 30, 2027. The City will conduct a property owner protest ballot proceeding (hereafter referred to as “Ballot Proceeding”) for the proposed levy of new assessments for this development. In addition to this Ballot Proceeding, the City Council will conduct a public hearing to consider public testimonies, comments and written protests regarding the annexation, and the levy of the new assessments. Upon conclusion of the public hearing, property owner ballots received will be opened and tabulated to determine whether a majority protest exists:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.”
The area proposed to be annexed to this District has been conditioned as part of its development agreement to provide for a means to finance the ongoing maintenance of related public improvements either by annexation to this District or by other means. For purposes of determining majority protest, the ballot for this development will be tabulated and based on the results of the ballot tabulation, the City Council may adopt and approve the Engineer’s Report (hereafter referred to as “Report”) as amended, order the annexation of the Annexation Territory, approve the related assessment diagrams, and confirm the assessments. The assessments and annexation as approved shall be made part of, and incorporated as part of, the District’s annual Engineer’s Report for Fiscal Year 2026-2027 and together with the assessments for other properties within the District shall be finalized, approved and submitted to the County Auditor/Controller for inclusion on the property tax roll for each affected parcel(s) as part of the annual approval process. 105
i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 ii
SECTION 1 PLANS AND SPECIFICATIONS for the improvements to be maintained and/or improved for Fiscal Year 2026-2027. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location, and extent of the improvements.

SECTION 2 A COST ESTIMATE of the improvements to be maintained and/or improved for the mentioned Fiscal Year.

SECTION 3 A METHOD OF APPORTIONMENT showing the proportionate amount of the assessment to be charged in proportion to the benefit received by each lot or parcel within the Annexation Territory boundaries as shown in Appendix B.

SECTION 4 The PROPOSED ASSESSMENTS contain the total costs and expense of the proposed improvements for Fiscal Year 2026-2027 upon each parcel of land within the Annexation Territory within LLMD No. 2, in proportion to the estimated benefit received by such parcels from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof.

I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the City of Rialto, pursuant to the Act do hereby assess and apportion the total amount of the costs and expenses upon the parcels of land within Landscaping and Lighting Maintenance District No. 2 Annexation Territory, liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance, works of improvement, and appurtenances.

ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385

ENGINEER OF WORK

CITY OF RIALTO

STATE OF CALIFORNIA
Executed this day of , 2026.
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i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 iii
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's "Report" were made on the _______ day of _____________, 2026, by adoption of Resolution No. _________ by City Council.

CITY CLERK

CITY OF RIALTO

STATE OF CALIFORNIA
A copy of the Assessment Roll and Engineer's "Report" were filed in the City Clerk’s Office on the _______ day of _______________, 2026.

CITY CLERK

CITY OF RIALTO

STATE OF CALIFORNIA
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i. Engineer’s Statement
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 iv
WHEREAS, on September 22, 2026, the City Council of the City of Rialto (the “City”), State of California, under the Act, adopted its Resolution Initiating Proceedings for annexing the territory into LLMD No. 2 and the Levy and Collection of Assessments. The area(s) of the annexation shall be known as: “Annexation Territory” or (the “Annexation”).

WHEREAS, the Resolution of Initiation directed Webb Municipal Finance, LLC to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the Annexation to LLMD No. 2 for the referenced fiscal year, a diagram for the Annexation within LLMD No. 2 showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the Annexation to LLMD No. 2 in proportion to the special benefit received.

NOW THEREFORE, the following assessments are intended to fund the estimated costs of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the Annexation Territory to LLMD No. 2 in proportion to the special benefit received on such parcels by the improvements:

Table i-1
Summary of Assessments
Zone 48 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2022-0005 $8,927.51 $1.63
Zone 49 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2023-0041 $11,339.91 $1.63
Zone 50 Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2024-0008 $22,415.32 $3.31
Zone L Assessments
Annexation Total Assessment
Assessment Rate per
EBU
PPD 2023-0041 $378.41 $19.99
PPD 2024-0008 $261.47 $16.88
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1. Plans and Specification
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 1
Description of the Boundaries of the Annexation Territory to LLMD No. 2 The annexation territory consists of the following developments that are located within the boundaries of the City of Rialto.

PPD 2022-0005: This proposed non-residential development is located south of W. Casmalia Street and east of N. Alder Avenue.

PPD 2023-0041: This proposed non-residential development is located south of W. Lowell Street and west of N.

Locust Avenue.

PPD 2024-0008: This proposed residential development is located north of W. Foothill Boulevard and west of N.

Spruce Avenue.

Assessment Diagram
The Assessment Diagram for the Annexation Territory is attached. The lines and dimensions shown on the map of the County Assessor of the County of San Bernardino for the current year are incorporated by reference in Appendix B herein and made part of this Report.

Zones of Benefit
For Fiscal Year 2026-2027, all Annexation Territory shall be identified and grouped into zones of benefit referred to as Zones. These Zones identify specific parcels and developments that receive special benefit from the maintenance, operation, and servicing of various District improvements. Each Zone reflects the improvements (street lighting and/or landscaping) associated with the development of properties in that Zone in order to fairly and equitably apportion the net cost of providing those improvements to the properties that receive special benefit from the maintenance and operation of such improvements. By establishing and utilizing a Zone structure, similar properties with similar types of improvements will be assessed a proportional amount for the total annual expenses related to the maintenance, operation, and servicing of the improvements provided by the District and for which the properties receive special benefits. The following is a brief description of the District Zones to which the Annexation Territory is proposed to be annexed:

Zones 48 and 49: These Zones include parcels that are classified as non-residential developments for which the District provides the maintenance, operation, and servicing of  Parkway landscaping on the perimeter of the development/subdivision within the public right-of-way or easement (face of curb to property line), that was installed as part of developing the associated properties or was previously installed, but necessary for the development of such property; and/or Zone 50: This Zone includes parcels that are classified as residential development for which the District provides the maintenance, operation, and servicing of
 Parkway landscaping on the perimeter of the development/subdivision within the public right-of-way or easement (face of curb to property line), that was installed as part of developing the associated properties or was previously installed, but necessary for the development of such property; and/or  Median-island landscaping near or adjacent to the development that was installed as part of developing the properties within that particular development or was previously installed, but necessary for the development of such property.
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1. Plans and Specification
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 2
Zone L: This Zone includes developments and parcels for which the District provides the maintenance, operation, and servicing of street lighting adjacent to and/or in close proximity to the development or property.

Annexation Territory for Fiscal Year 2026-2027
As directed by the City Council, this Report addresses the proposed annexation of additional residential and nonresidential territory to the District for Fiscal Year 2026-2027, consisting of the following development(s) including all the lots, parcels, and subdivisions of land therein and generally described as:

PPD 2022-0005: This development consists of two parcels proposed for commercial development on 2.65 acres of land. This development is being annexed to the District as Zone 48 for Fiscal Year 2026-2027 to provide funding for the landscaping associated with the development.

PPD 2023-0041: This development consists of one parcel proposed for industrial development on 39.91 acres of land. This development is being annexed to the District as Zone 49 and part of Zone L for Fiscal Year 2026-2027 to provide funding for the landscaping and lighting associated with the development.

PPD 2024-0008: This development consists of two parcels proposed for 81 condominium units on 5.12 acres of land. This development is being annexed to the District as Zone 50 and part of Zone L for Fiscal Year 2026-2027 to provide funding for the landscaping and lighting associated with the development.

Improvements and Services
Landscape Improvements
The landscape improvements for the District may include, but are not limited to, various streetscape landscaping including parkways and medians as well as public landscaped areas within or adjacent to the properties within a particular development such as landscaped slopes, irrigated and non-irrigated open space areas, landscaped detention or retention basins, and neighborhood greenbelts, trails, or parks. These landscape improvements may include turf, ground cover, plants and shrubs, trees, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated appurtenant facilities located within the various dedicated easements, rights-of-way or public properties associated with the landscaped areas. The following outlines the location and extent of the landscape improvements associated with the properties and developments within Zones 48, 49, and 50 of the District. The detailed plans and specifications of the District Improvements are on file in the office of the City Public Works Department and by reference are made part of this Report.

Annexation Territory:

Zone 48 (PPD 2022-0005): Approximately 5,477 square feet along W. Casmalia Street and Alder Avenue Zone 49 (PPD 2023-0041): Approximately 6,957 square feet along N. Locust Avenue and W. Lowell Street Zone 50 (PPD 2024-0008): Approximately 6,772 square feet along W. Foothill Boulevard and N. Spruce Avenue Public Street Lighting Improvements
The street lighting improvements for the District may include but are not limited to, electrical energy and the maintenance, repair or replacement of the lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with the public street lighting benefiting and serving the Annexation Territory of Zone L.
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1. Plans and Specification
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 3
Zone L Lighting Improvements - Annexation Territory:

PPD 2023-0041: Five (7) 58-watt streetlights on W. Lowell Street and two (2) 185-watt streetlights on N. Locust Avenue.

PPD 2024-0008: Five (4) 127-watt streetlights on W. Foothill Boulevard and two (1) 127-watt streetlights on N.

Spruce Avenue.
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2. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 4
The cost of servicing, maintaining, repairing, and replacing the actual improvements of the Annexation Territory as described in the Plans and Specifications are summarized as follows:

Table 2-1
Landscape Cost Estimate for Maintenance
Landscaping and Lighting Maintenance District No. 2, Fiscal Year 2026-2027

BUDGET ITEM
Zone 48
(PPD 2022-0005)
Zone 49
(PPD 2023-0041)
Zone 50
(PPD 2024-0008)

DIRECT COSTS
Landscape & Street Light Maintenance $4,346.44 $5,520.94 $10,939.96 Other Services and Supply Expenses $499.03 $633.88 $1,256.06 Utilities $593.15 $753.43 $1,492.96
Subtotal Direct Costs $5,438.63 $6,908.26 $13,688.97

ADMINISTRATION COSTS
City Personnel & Miscellaneous
Administrative Services $723.68 $919.23 $1,821.49
Consultant Services $26.40 $33.53 $66.45
Subtotal Administration Costs $750.08 $952.77 $1,887.94 TOTAL DIRECT AND ADMINISTRATION COSTS $6,188.71 $7,861.02 $15,576.91

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $2,738.80 $3,478.89 $6,838.41 Subtotal Levy Adjustments $2,738.80 $3,478.89 $6,838.41 TOTAL ASSESSMENT $8,927.51 $11,339.91 $22,415.32

DISTRICT STATISTICS
Total Parcels 2 1 2
Total EBUs Fiscal Year 2026/2027 5,477.00 6,957.00 6,772.00 Fiscal Year 2026/2027 Rate per EBU $1.63 $1.63 $3.31
Fiscal Year 2026/2027 Maximum Rate per EBU $1.63 $1.63 $3.31 Maximum Assessable Amount $8,927.51 $11,339.91 $22,415.32 112

2. Cost Estimate
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 5
Table 2-2
Zone L Lighting Cost Estimate for Maintenance
Landscaping and Lighting Maintenance District No. 2, Fiscal Year 2026-2027 BUDGET ITEM PPD 2023-0041 PPD 2024-0008

DIRECT COSTS
Light Maintenance $571.32 $394.80
Other Services and Supply Expenses $0.00 $0.00
Personnel Services $0.00 $0.00
Subtotal Direct Costs $571.32 $394.80

ADMINISTRATION COSTS
District Administration $14.28 $9.87
County Administration Fee $0.00 $0.00
Miscellaneous Administration Expenses $0.00 $0.00
Subtotal Administration Costs $14.28 $9.87

TOTAL DIRECT AND ADMINISTRATION COSTS

LEVY ADJUSTMENTS
General Benefit Contribution ($492.99) ($340.67)
Reserve Fund Collection/(Contribution) $285.80 $197.47
Subtotal Levy Adjustments ($207.19) ($143.20)
TOTAL ASSESSMENT $378.41 $261.47

DISTRICT STATISTICS
Total Parcels 1 2
Number of Lights 9 5
Total EBUs Fiscal Year 2026/2027 18.93 15.49
Fiscal Year 2026/2027 Rate per EBU $19.99 $16.88
Fiscal Year 2026/2027 Maximum Rate per EBU $19.99 $16.88 Maximum Assessable Amount $378.41 $261.47
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3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 6
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.

Some of these exceptions include:

Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.

Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.

However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).

Proposition 218 does not define the term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment engineers and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-way. This would include median and parkway landscaping, traffic signals, safety lighting and street lighting.

Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIIID, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.

Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements that a local government must follow to levy an assessment. In addition to notice, hearing and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that the portion of the cost of the improvement which benefits the public generally to be separated from that portion of the cost of the improvement which specially benefits assessed properties.

Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
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3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 7
General Benefit
Although the landscape improvements provided by the District include public easements, rights-of-way, streets and other amenities available or visible to the public at large, it has been determined that the construction and installation of these landscape improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundaries. Furthermore, similar landscape improvements and services associated with other developments within the City of Rialto are provided and funded by similar assessment districts or are maintained privately by the individual property owners or associations. Therefore, it has been determined that public access or use of the landscape improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large and the landscape improvements provided by the District are entirely a special benefit to the developments and properties therein that required the installation of such improvements.

The street light improvements maintained by the District in Zone L were installed as a condition of approval for new development annexing into the District. Although necessary for the development of these specific properties, the improvements also provide a general benefit to the pass-through traffic on the streets on which the lights have been installed. Based upon the most current average daily trip (ADT) information available, the pass-through traffic represents, on average, 86.29% of the total daily traffic, resulting in a general benefit contribution of 86.29% of the total street light maintenance cost in Zone L for FY 2020-21. The general benefit contribution may be adjusted for future Annexations or Annual Engineer’s Reports as more current information becomes available.

Method of Apportionment
Pursuant to the Landscaping and Lighting Act of 1972 and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.

The method of apportionment for this District and the Annexation Territory calculates the receipt of special benefit from the respective improvements based on the land use of the parcels. The special benefit received by each lot or parcel is equated to the overall land use of the parcels benefiting from the improvements provided based on each parcel’s actual land use or proposed planned development as compared to other properties. This comparison is based upon the special benefit received from the specific type of improvements and services provided or planned within each respective Zone of the District.

The method of apportionment (method of assessment) developed for this District and the Annexation Territory is based on the premise that each property to be assessed receives a direct and special benefit from the improvements, services and facilities to be financed by the District assessments.

Equivalent Benefit Units
To proportionally and equitably assess the special benefits to each parcel, it is necessary to correlate each property’s proportional benefit to other properties that benefit from the improvements and services being funded. The Equivalent Benefit Unit method of apportionment uses a basic unit (base value) of assessment that is common to all properties benefiting from the improvements and services provided and assigns a weighted value to each parcel based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to the base value. 115

3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 8
For this District, Zones 48 and 49 are proposed for non-residential developments and the base unit of comparison is a factor that is based upon the total acreage of the development and the total square footage of the landscaped area associated with that development. Zone 50 is comprised entirely of property for residential development, and the base unit of comparison is a factor of the total number of planned parcels and or units in the development. Zone L is comprised of properties, both residential and non-residential, benefiting from streetlight improvements and the base unit of comparison is a factor that is based upon the acreage of the development and/or the number of planned parcels and/or units of the development and the number and wattage of the lights associated with that development. The following provides a description of the various land use designations and apportionments associated with the improvements provided in the District’s Zones 48, 49, 50, and Zone L.

EBU Application for Properties in Zones 48 and 49
Non-Residential – This land use is defined as any property or properties that have been developed or will be developed (vacant land) for non-residential use including but not limited to commercial properties, office buildings (public or private), industrial properties, churches or other non-profit organizations; and the improvements and services associated with the parcel have been accepted or will be accepted by the City for maintenance in the fiscal year. The EBU calculated for each parcel is based on the parcel’s proportional benefit from the landscape improvements identified herein and directly associated with the property.

This land use type is assigned an EBU that is calculated by dividing the total square footage of the landscaped area associated with that development; by the total acreage of all properties within the development to establish a base value of benefit (landscape square footage per acre). The resulting base value of benefit is then multiplied by each parcel’s specific acreage resulting in the parcel’s proportionate EBU.

EBU Application for Properties in Zones 50
Single Family Residential – This land use is defined as a fully subdivided residential home site with or without a structure and the improvements and services associated with the parcel has been accepted or will be accepted by the City for maintenance in the Fiscal Year.

This land use type is assigned a landscape EBU which is calculated by dividing the total square footage of the landscaped area associated with that development by the total number of planned or actual single-family residential units within the development to establish each unit/parcel’s proportionate landscape EBU.

EBU Application for Properties in Zone L
In order to account for the various wattages used in the streetlights each development is bringing into the District, a Light EBU Factor is assigned to each wattage category using 41 Watts as the base unit, which is assigned a Light EBU Factor of one (1). Each higher wattage category is then assigned a Light EBU Factor based on its relation to the base unit of 41 watts.

Non-Residential - For each non-residential development annexed into Zone L, the total number of Light EBU Factors for that development shall be calculated by determining the number of lights within each Wattage Category and multiplying that number by the corresponding Light EBU Factor for each Wattage Category. The summation of the calculation for each Wattage Category will be the total Light EBU Factor for the annexing development. The total Light EBU Factors are then divided by the total acreage of the development to attain the Light EBU Factor per acre. The resulting Light EBU Factor per acre is then multiplied by each parcel’s specific acreage resulting in the parcel’s proportionate share of the Light EBU Factor. 116

3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 9
Residential - For each residential development annexed into Zone L, the total number of Light EBU Factors for that development shall be calculated by determining the number of lights within each Wattage Category and multiplying that number by the corresponding Light EBU Factor for each Wattage Category. The summation of the calculation for each Wattage Category will be the total Light EBU Factor for the annexing development. The total Light EBU Factors are then divided by the total number of proposed or actual residential units at buildout to attain the Light EBU Factor per unit.

The following are the EBU Factors applied to various streetlight wattages:

Table 3-1
Zone L EBU Factors
Watts Light EBU Factor Unit
41 1 Per Light
58 1.41 Per Light
127 3.10 Per Light
185 4.51 Per Light
Calculation of Assessments
Zones 48 and 49: The benefit formula applied to parcels within these zones is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel's EBU correlates to the parcel’s special benefit received as compared to all other parcels benefiting from the improvements. The following formula is used to calculate each parcel’s EBU (proportional benefit).

Landscape Square Footage/Total Acre = Landscape EBU per Acre Parcel’s Acres x Landscape EBU per Acre = Parcel EBU
Zones 50: The benefit formula applied to parcels within this Zone is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel's EBU correlates to the parcel’s special benefit received as compared to all other parcels benefiting from the improvements. The following formula is used to calculate each Single-Family Residential Unit’s EBU (proportional benefit).

Landscape Square Footage/No. of Units = Unit Landscape EBU Zone L: The benefit formula applied to parcels within Zone L is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel's EBU correlates to the parcel’s special benefit received as compared to all other parcels benefiting from the improvements. The following formula is used to calculate each parcel’s EBU (proportional benefit).

Light EBU Factor x Number of Lights/Unit or Acre* = Parcel Light EBU *Units for developed residential parcels or Acres for undeveloped and non-residential parcels.

For each Zone of the District, the total number of calculated Equivalent Benefit Units (EBUs) for the Fiscal Year equals the sum of all individual EBU applied to parcels in that Zone. An assessment amount per EBU (Rate) for the improvements is established by taking the total cost of the improvements (amount budgeted) and dividing that amount by the total number of EBUs of all parcels to be assessed. This Rate is then applied back to each 117

3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 10
parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements.

Total Assessment Amount (for the Zone) / Total EBU(s) = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount
Exempt Properties: Properties classified as Exempt Properties (exempt from assessment) may include but is not limited to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, rights-of-way, public greenbelts and parkways; utility rights-of-ways; common areas, sliver parcels and bifurcated lots; or any other property the City has determined that the parcel cannot be developed or is a publicly owned property that is part of the District improvements or that has little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempt from assessment and are assigned 0.00 EBU.

Special Cases: As with any assessment district, there may be a specific property or properties that the typical land use classifications and method of apportionment do not completely reflect the proportional special benefits received as compared to other parcels. Usually, this type of issue arises from property-specific development issues in which either the use of that property is significantly restricted or limited compared to other properties, or the timing of the City accepting the specific improvements associated with that property as compared to other properties and developments. In these cases, the assessment engineer may determine that an appropriate calculation of proportional benefit would be better reflected by applying a reduced weighting factor that accounts for the property’s reduced benefit. Because a district’s method of apportionment ultimately establishes not only the assessment for each parcel, but the proportional benefit between parcels, identifying any parcel as a “Special Case” and deviating from the standard method of apportionment applied to other properties in the district ultimately affects the proportional assessment of those other properties.

Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula.

For this District, the Maximum Assessment is equal to the initial Assessment Rate approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index (“CPI”) for the Riverside-San Bernardino-Ontario Area for All Urban Consumers from January to January. As of January 2018, the Bureau of Labor Statistics (“BLS”) split the Los Angeles/Riverside/Orange County Area for All Urban Consumers to the Los Angeles-Long-Beach-Anaheim Area and the Riverside-San Bernardino-Ontario Area. Each Fiscal Year, the Maximum Assessment will be recalculated, and a new Maximum Assessment established. 118

3. Method of Apportionment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 11
The Maximum Assessment is adjusted annually and is calculated independently of the annual budgets and proposed assessments established for each Zone of the District. Any proposed annual assessment (rate per EBU) less than or equal to this Maximum Assessment (for each Zone) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior Fiscal Year. 119

4. Proposed Assessment
City of Rialto Landscaping and Lighting Maintenance District No. 2 Engineer’s Annexation Report Fiscal Year 2026-2027 12
The actual assessment and the amount of the assessment for the Fiscal Year 2026-2027 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the County of San Bernardino Assessor’s Office, and such records are, by reference, made part of this Report. 120

APPENDIX A
Annexation Territory Assessment Roll
121
Zone EBU
Maximum
Rate per EBU
Maximum
Assessment Zone EBU
Maximum
Rate per
EBU
Maximum
Assessment
1133181180000 PPD 2022-0005 JACKSONS FOOD STORES INC 1.45 48 2,996.85 $1.63 $4,884.86 1133181280000 PPD 2022-0005 JACKSONS FOOD STORES INC 1.2 48 2,480.15 $1.63 $4,042.65 0239192230000 PPD 2023-0041 IV5 LOCUST GATEWAY LOGISTICS CENTER LLC 39.91 49 6,957.00 $1.63 $11,339.91 L 18.93 $19.99 $378.41 0128361200000 PPD 2024-0008 WARMINGTON RIALTO ASSOCIATES LP 18.19 50 1,521.05 $3.31 $5,034.69 L 3.48 $16.88 $58.74 0128361240000 PPD 2024-0008 WARMINGTON RIALTO ASSOCIATES LP 62.81 50 5,250.95 $3.31 $17,380.63 L 12.01 $16.88 $202.73 Lighting
APN Project ID Owner Acres/Units
Landscape
122

APPENDIX B
Annexation Territory Assessment Diagram
123

CASMALIA
ALDER

CASMALIA (VACATED)
1133-181-18-0000
1133-181-28-0000

THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT

OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING

THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2025-2026.

PROJECT

LOCATION
STATE 30

CASMALIA

LINDEN BOHNERT

BASELINE

PALMETTO
Cactus
Walnut

LOCUSTDATE
AYALA

HIGHLAND
ELAINE
TAHOE

RAYMOND
·|þ}210
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2022-0005

VICINITY MAP

NOT TO SCALE
0 250 500
Feet
LEGEND

PARCEL BOUNDARY

ANNEXATION BOUNDARY

RIALTO BOUNDARY

XXXX-XXX-XX-XXXX ASSESSOR'S PARCEL NUMBER
M:\GIS-Assessment\Rialto\Pro\Rialto_LLMD2\Rialto_LLMD2_Annex18.aprx ³
Not to Scale
124
LOCUST
LAUREL
ALDER
LOWELL
0239-192-23-0000

THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT

OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING

THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2025-2026.

PROJECT

LOCATION
STATE 30

CASMALIA

BOHNERT
LINDEN
Lilac LILAC

PALMETTO
A.T & S.F
DATE
AYALA
WALNUT
CACTUS

PERSIMMON
·|þ}210
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2023-0041

VICINITY MAP

NOT TO SCALE
0 250 500
Feet
LEGEND

PARCEL BOUNDARY

ANNEXATION BOUNDARY

RIALTO BOUNDARY

XXXX-XXX-XX-XXXX ASSESSOR'S PARCEL NUMBER
M:\GIS-Assessment\Rialto\Pro\Rialto_LLMD2\Rialto_LLMD2_Annex18.aprx ³
Not to Scale
125
£¤66

FOOTHILL
SPRUCE
0128-361-24-0000 0128-361-20-0000

THIS ASEESMENT DIAGRAM CORRECTLY SHOWS EACH SEPARATE LOT

OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE LANDSCAPING AND LIGHTING DISTRICT. FOR DETAILS CONCERNING

THE LINES AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2025-2026.

PROJECT

LOCATION CEDAR
Willow

FOOTHILL

ETIWANDA
ACACIA
PALM
DATE
A.T & S.F
OLIVE
LINDEN
PEPPER
AYALA
LILAC1ST

CACTUS HOME
SPRUCE
MAPLE
ASH
BONNIE
£¤66
RIALTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION BOUNDARY MAP - PPD 2024-0008

VICINITY MAP

NOT TO SCALE
0 250 500
Feet
LEGEND

PARCEL BOUNDARY

ANNEXATION BOUNDARY

RIALTO BOUNDARY

XXXX-XXX-XX-XXXX ASSESSOR'S PARCEL NUMBER
M:\GIS-Assessment\Rialto\Pro\Rialto_LLMD2\Rialto_LLMD2_Annex18.aprx ³
Not to Scale
126
Landscaping and Lighting Maintenance District 2
North of Foothill Blvd.

Source: San Bernardino Co. GIS, 2026
þ}210
£¤66 KERN ST
£¤66

DUFFY ST
STATE 30 HWY

MACY ST

PEPPER AV

CACTUS AVE

CASMALIA ST

HIGHLAND AVE
Willow Ave

CEDAR AVE

DARBY ST

ACACIA AV
A.T & S.F RR
Walnut Ave

RIVERSIDE AVE

SIXTH ST
16TH ST

NINTH ST

BASE LINE RD BASELINE AVE

PALMETTO AVE

SYCAMORE AVE

MESA ST
9TH ST

LINDEN AVE HOME ST

LAUREL AVE

FOOTHILL BLVD

BARBEE ST

AYALA DR

BOHNERT AV

EL RANCHO VERDE PKWY

GRACE AVE
4TH ST

PERSIMMON ST
B
R
O
N
S
O
N
S
T

TUDOR ST

ALDER AVE

RAMONA AVE

DRIFTWOOD AV
13TH ST

LORRAINE PL

MADISON ST
LEGEND
City Boundary
Annexation Parcels-
Residential
LLMD No. 2 Parcels
Annexation Parcels-
Non-Residential
M:\GIS-Assessment\Rialto\Pro\Rialto_LLMD2\Rialto_LLMD2_Annex18.aprx; Map created 29 Jul 2026 City of Rialto
0 2,000 4,000 6,000 8,000
Feet
I
PPD 2024-0008
PPD 2023-0041
PPD 2022-0005
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RESOLUTION NO. 8573

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIALTO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO THE RIALTO LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT NO. 2 COMMENCING
WITH FISCAL YEAR 2026/2027; AND THE LEVY AND

COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2026/2027
WHEREAS, the City Council of the City of Rialto, California, (hereinafter the “City Council”), has by previous Resolution established the Landscaping and Lighting Maintenance District No. 2, (hereinafter the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Rialto to pay for the maintenance and service of improvements and all appurtenant facilities and operations related thereto; and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District including all parcels of land within PPD 2022-0005 (JACKSONS FOOD STORES INC), PPD 2023-0041 (IV5 LOCUST GATEWAY LOGISTICS CENTER LLC), and PPD 2024-0008 (WARMINGTON RIALTO ASSOCIATES LP) (hereinafter referred to as the “Annexation Territory”) commencing in Fiscal Year 2026/2027, and to levy and collect annual assessments against lots and parcels of land within the Annexation Territory commencing in Fiscal Year 2026/2027 to pay for the operation, maintenance and servicing of local landscaping and/or lighting improvements, and appurtenant facilities related thereto that will provide special benefits to those properties pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC, who has prepared and filed an Engineer’s Report with the City Clerk in accordance with Chapter 4, Article 2 of the Act and the provisions of the California Constitution. 128
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The territory of land to be annexed to the District incorporates all of the lots and parcels of land within the Annexation Territory as described in the Assessment Roll (Exhibit A).

Section 2: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to, the regular maintenance, operation and incidental expenses related to the local landscaping and/or street lighting improvements within the public right-of-ways or easements associated with the development of properties within the Annexation Territory which may include, but are not limited to, landscaped parkways, medians, slopes, or other public areas, and/or street lighting improvements which shall be maintained by the City for the special benefit of the properties therein. The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.

Section 3: The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within the Annexation Territory as generally described in Section 2 of this Resolution, it is necessary to levy annual special benefit assessments on the lots and parcels within the Annexation Territory identified in Section 1, commencing in Fiscal Year 2026/2027.

Section 4: The City Council hereby orders the Engineer of Record to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of the Annexation Territory to the District, and the proposed levy of special benefit assessments for properties beginning the Fiscal Year commencing July 1, 2026, and ending June 30, 2027, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessments, including an annual inflationary adjustment, that will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessments so described may only be imposed pursuant to the provisions of the Act 129
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and the California Constitution.

PASSED APPROVED AND ADOPTED this 22
nd day of September 2026.
_______________________________
JOE BACA, Mayor
ATTEST:
_________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. 8573 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 22
nd day of September 2026.

Upon motion of Council Member ___________, seconded by Council Member ____________, the foregoing Resolution No. __________ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of ____________, 2026.
______________________________
BARBARA A. McGEE, CITY CLERK
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28 Exhibit A

APN PROJECT ID OWNER LANDSCAPE ZONE LIGHTING ZONE
1133181180000 PPD 2022-0005 JACKSONS FOOD STORES INC 48 1133181280000 PPD 2022-0005 JACKSONS FOOD STORES INC 48 0239192230000 PPD 2023-0041 IV5 LOCUST GATEWAY LOGISTICS CENTER LLC 49 L 0128361200000 PPD 2024-0008 WARMINGTON RIALTO ASSOCIATES LP 50 L 0128361240000 PPD 2024-0008 WARMINGTON RIALTO ASSOCIATES LP 50 L 132
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RESOLUTION NO. 8574

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIALTO, CALIFORNIA, DECLARING ITS INTENTION FOR THE

ANNEXATION OF TERRITORY TO THE RIALTO LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT NO. 2; AND

DECLARING ITS INTENTION TO CONDUCT A PROPERTY

OWNER PROTEST BALLOT PROCEEDING ON THE MATTER

OF THE NEW ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2026/2027
WHEREAS, the City Council of the City of Rialto (hereinafter the “City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), did by previous Resolution initiate proceedings for the annexation of territory to the Rialto Landscaping and Lighting Maintenance District No. 2 (hereafter referred to as the “District”), consisting of 2022-0005 (JACKSONS FOOD STORES INC), PPD 2023- 0041 (IV5 LOCUST GATEWAY LOGISTICS CENTER LLC), and PPD 2024-0008 (WARMINGTON RIALTO ASSOCIATES LP) (hereinafter referred to as the “Annexation Territory”), and the proposed levy and collection of annual special benefit assessments related thereto commencing in Fiscal Year 2026/2027; and
WHEREAS, the City Council desires to annex to the District the Annexation Territory, and to levy and collect annual assessments against lots and parcels of land within the Annexation Territory to pay the cost and expenses related to the maintenance, servicing and operation of local landscaping and/or street lighting improvements that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and, WHEREAS, the City Council has retained Webb Municipal Finance, LLC, who has prepared and filed with the City Clerk an Engineer’s Report, (hereafter referred to as the “Report”), in connection with such annexation proceedings commencing in Fiscal Year 2026/2027 and the proposed levy and collection of assessments commencing with Fiscal Year 133
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2026/2027, in accordance with the Act and the California Constitution, and said Report has been presented to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The territory of land to be annexed to the District incorporates all of the lots and parcels of land within the Annexation Territory as described in the Assessment Roll (Exhibit A).

Section 2: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to, the regular maintenance, operation and incidental expenses related to the local landscaping and/or street lighting improvements within the public rights-of-way or easements associated with the development of properties within the Annexation Territory, which may include but are not limited to, landscaped parkways, medians, slopes, or other public areas, and/or street lighting improvements which shall be maintained by the City for the special benefit of the properties therein. The Engineer’s Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs.

Section 3: The Engineer’s Report as presented consists of the following:
a) A Description of the Improvements (Plans and Specifications). b) The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an “Assessment Range Formula” that provides for an annual inflationary adjustment to the maximum assessment rate. c) The estimated annual costs and expenses to provide the improvements (Budget) that establishes the proposed initial “Maximum Assessment Rate”. d) An Assessment Diagram (Boundary Map).
e) An Assessment Roll containing the proposed assessment to be levied for each Assessor Parcel Number within the Annexation Territory based on the maximum assessment rate and method of apportionment described therein. 134
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Section 4: The Engineer’s Report presented is hereby approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and remain open to public inspection.

Section 5: The City Council hereby declares its intention to annex the territory of land to the District designated as the Annexation Territory commencing in Fiscal Year 2026/2027, and to levy and collect annual assessments against parcels of land within said territory to fund the ongoing cost and expenses of maintaining, operating and servicing the improvements determined to be of special benefit to the parcels of land therein as outlined in the Report prepared in connection therewith, commencing with Fiscal Year 2026/2027; and, the City Council further declares its intention to conduct a public hearing regarding the annexation of the Annexation Territory to the District, and the proposed levy of assessments connected therewith; and calls for a property owner protest balloting proceeding in accordance with the provisions of Article XIIID of the California Constitution (Proposition 218). The City Council finds that the public’s best interest requires such action and levy of assessments.

Section 6: The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for the Annexation Territory in accordance with Government Code, Section 54954.6 and Section 4(e) of Article XIIID of the California Constitution; and, notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, November 10, 2026, at 6:30 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 150 South Palm Avenue, Rialto, California.

At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 7: Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessments for the Annexation Territory. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized tax roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for these matters. 135
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Section 8: The City Council hereby authorizes and directs the Engineer of Record, on behalf of the City Clerk, to prepare and mail notice of the Public Hearing and property owner protest ballots to the property owners of record regarding the proposed assessments, including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within the Annexation Territory subject to an assessment. The owner of 100% of the property to be annexed has waived his right to receive the notice and ballot not less than 45 days before the date of the public hearing pursuant to the California Constitution.

Section 9: The property owner protest ballot proceeding conducted for the Annexation Territory shall constitute the property owners’ approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and previously approved by the City Council. Each property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for Tuesday, November 10, 2026. After the close of the Public Hearing, pursuant to Section 4 (e) of Article XIIID of the California Constitution, the City Clerk shall open and tabulate the ballots returned to determine if a majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of each affected property. A majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
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PASSED, APPROVED AND ADOPTED this 22
nd day of September 2026.
_______________________________
JOE BACA, Mayor
ATTEST:
_________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. 8574 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 22
nd day of September 2026.

Upon motion of Council Member ___________, seconded by Council Member ____________, the foregoing Resolution No. __________ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of ____________, 2026.
______________________________
BARBARA A. McGEE, CITY CLERK
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28 Exhibit A

APN PROJECT ID OWNER LANDSCAPE ZONE LIGHTING ZONE
1133181180000 PPD 2022-0005 JACKSONS FOOD STORES INC 48 1133181280000 PPD 2022-0005 JACKSONS FOOD STORES INC 48 0239192230000 PPD 2023-0041 IV5 LOCUST GATEWAY LOGISTICS CENTER LLC 49 L 0128361200000 PPD 2024-0008 WARMINGTON RIALTO ASSOCIATES LP 50 L 0128361240000 PPD 2024-0008 WARMINGTON RIALTO ASSOCIATES LP 50 L 139
City of Rialto
Legislation Text
File #: 26-0568, Version: 1, Agenda #: F.1
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Yazdan Emrani P.E., Director of Public Works
Request City Council/Rialto Utility Authority to: (1) Approve the Cost Share Agreement With San Bernardino Valley Municipal Water District for Salt and Nutrient Management Planning Phase 3A, in an Amount Not-to-Exceed $29,405; and (2) Authorize the City Manager/Executive Director or Their Designee to Execute all Related Documents.

RECOMMENDATION
Staff recommends that the City Council/Rialto Utility Authority:
1) Approve the cost share agreement with San Bernardino Valley Municipal Water District for Salt and Nutrient Management Planning (SNMP) Phase 3A, in an amount not-to-exceed $29,405; and
2) Authorize the City Manager/Executive Director or their designee to execute all related documents.

BACKGROUND
The Upper Santa Ana River Watershed contains interconnected groundwater basins that provide an important water supply to communities throughout the Inland Empire. Water quality objectives for salt and nutrients, including total dissolved solids (TDS) and nitrate, are established by the Santa Ana Regional Water Quality Control Board (Regional Board) through the Santa Ana River Basin Plan.

Regional water agencies and stakeholders have collaborated through the Salt and Nutrient Management Plan (SNMP) Work Group to evaluate cumulative impacts to groundwater quality and support implementation of water supply, recycled water, stormwater capture, recharge, and other water resource management projects. The City of Rialto has previously participated in the regional SNMP technical effort. In February 2021, the Rialto City Council agreed to pay Rialto's proportionate share of costs associated with the Phase 1 and Phase 2 SNMP technical studies.

SNMP Phase 1 and Phase 2
Water Systems Consulting, Inc. (WSC), together with its Geoscience team, was selected in 2021 to perform the Upper Santa Ana River Watershed Salt and Nutrient Management Strategy Study. The study consisted of three phases: Phase 1 - Water Quality Characterization; Phase 2 - Project Planning and Impact Analysis; and Phase 3 - Development of the SNMP. Phases 1 and 2 were completed and included technical memoranda addressing modeling.

The Phase 2 modeling used the Integrated Santa Ana River Water Quality Model to evaluate various City of Rialto Page 1 of 3 Printed on 9/17/2026
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File #: 26-0568, Version: 1, Agenda #: F.1
The Phase 2 modeling used the Integrated Santa Ana River Water Quality Model to evaluate various projects and management strategies. The modeling projected TDS conditions through 2045 and estimated that approximately 20 percent of the available TDS assimilative capacity would be consumed between 2039 and beyond 2045, depending upon the scenario. Extrapolation of the projections indicated that the applicable TDS Water Quality Objective would not be exceeded until approximately 2053 to 2070, depending on groundwater quality and the predictive scenario.

Bunker Hill-B Salinity Management Feasibility Study
As Phase 2 was being completed, the Bunker Hill Regional Recycled Water Coalition formed to evaluate the use of recycled water recharge in the Bunker Hill-B Groundwater Management Zone while managing potential impacts from TDS and nitrate.

In response to requirements associated with the Sterling Natural Resource Center recycled water recharge permit, the Coalition commissioned the Bunker Hill Regional Recycled Water Salinity Management Feasibility Study. The Feasibility Study evaluated alternatives for managing salinity associated with recycled water recharge. The Feasibility Study identified that a Regional Desalter may be needed in the future to effectively manage TDS in the Bunker Hill-B Groundwater Management Zone. The study also recommended additional data collection and updated groundwater modeling to inform long-term salinity management strategies and establish appropriate triggers for implementation.

Based on the Feasibility Study, the regional agencies determined that additional technical work should be completed before proceeding with Phase 3. This work is designated as SNMP Phase 3A.

ANALYSIS/DISCUSSION
The proposed SNMP Phase 3A effort will provide the technical analysis needed to determine a longterm salinity management strategy for the Bunker Hill-B Management Zone. The study is intended to support a regional decision on whether to pursue a Subregional Salt and Nutrient Management Plan or advance planning for a Regional Desalter.

Key elements of the Phase 3A effort include:
· Update groundwater modeling using data through 2023 to evaluate current and projected TDS and nitrate conditions.
· Assess the impacts of existing and planned recycled water and recharge projects on groundwater quality, including recharge activities in the Rialto-Colton Cactus Basins. · Conduct baseline and project-specific modeling scenarios to identify potential changes in TDS and nitrate concentrations over time.
· Prepare technical memoranda and a Phase 3A Report summarizing the modeling results and recommending a regional path forward.
· Coordinate extensively with the SNMP Work Group and Santa Ana Regional Water Quality Control Board regarding modeling assumptions, results, milestones, and long-term use of assimilative capacity.
· Use the Phase 3A findings to establish the scope and direction of subsequent Phase 3B City of Rialto Page 2 of 3 Printed on 9/17/2026
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File #: 26-0568, Version: 1, Agenda #: F.1
work, including any potential actions related to a Regional Desalter. · Rialto's participation is limited to a maximum contribution of $29,405. Any increase in Rialto's financial obligation would require the City's prior written approval.

Overall, Phase 3A is a technical and planning effort, not authorization to construct a desalter or other physical facility. The study will provide updated regional groundwater quality information and help participating agencies make an informed decision regarding the most appropriate long-term approach to managing salinity while supporting future water supply, recharge, and recycled water projects. A copy of the SNMP Phase 3A Cost Share Agreement is included as Attachment 1, a copy of the SNMP Phase 3A Cost Share Letter is included as Attachment 2, and the Water Systems Consulting Proposal is included as Attachment 3.

ENVIRONMENTAL IMPACT
The proposed action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
Approval of the proposed action also complies with the following City of Rialto Guiding Principle 3 in the General Plan.
“Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.”

LEGAL REVIEW
The City Attorney's Office has reviewed the agreement and approved it as to form.

FINANCIAL IMPACTS
Operating Budget Impact
The City's financial obligation under the proposed Cost Sharing Agreement is in the amount not-toexceed $29,405. Funding is available in FY27 Fund 680 Water Contract Services Account No. 56807960-52011.

Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.

Licensing
This action does not require a business license.

ATTACHMENTS

1. SNMP Phase 3A Cost Share Agreement

2. SNMP Phase 3A Cost Share Letter

3. Water Systems Consulting Proposal
City of Rialto Page 3 of 3 Printed on 9/17/2026
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COST SHARING AGREEMENT FOR SALT AND
NUTRIENT MANAGEMENT PLANNING PHASE 3A
This COST SHARING AGREEMENT FOR SALT AND NUTRIENT
MANAGEMENT PLANNING PHASE 3A (“Agreement”) is entered into as of ___________, 2026 (“Effective Date”), by and between the San Bernardino Valley Municipal Water District, a California water district (“San Bernardino Valley” or “District”), and the City of Rialto, a California municipal corporation (“Rialto”). San Bernardino Valley and Rialto may be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The Upper Santa Ana River Watershed contains several interconnected groundwater basins that provide water supply for communities throughout the Inland Empire; and
B. Water quality objectives for salt and nutrients, including total dissolved solids (“TDS”) and nitrate, are established by the Santa Ana Regional Water Quality Control Board (“Regional Board”) through the Santa Ana River Basin Plan; and C. Regional water agencies and stakeholders initiated development of a Salt and Nutrient Management Plan (“SNMP”) to evaluate cumulative impacts to groundwater quality and to support implementation of water supply, recycled water, stormwater capture, recharge, and other water resource management projects in the San Bernardino Basin and in a manner consistent with Regional Board regulatory requirements; and D. The SNMP effort is conducted through a collaborative group of regional agencies known as the “SNMP Work Group”, which includes water agencies, basin stakeholders, and Regional Board staff (“SNMP Work Group”); and E. The SNMP Work Group includes, but is not limited to, the City of Redlands, East Valley Water District, San Bernardino Municipal Water Department, San Bernardino Valley Municipal Water District, City of Colton, City of Rialto, City of Riverside Public Utilities, San Bernardino Valley Water Conservation District, San Gorgonio Pass Water Agency, and Westminster Municipal Water District; and
F. In 2021 San Bernardino Valley entered into an agreement with Water Systems Consulting, Inc. (“WSC”) to conduct technical studies regarding salinity management in the Upper Santa Ana River Watershed, including groundwater modeling and water quality analyses; and
G. The initial technical studies, known as SNMP Phase 1 and Phase 2, were completed in 2023 and included assessment of TDS and nitrate concentrations in groundwater and modeling of potential future water quality conditions; and H. The Rialto previously participated in the SNMP regional technical effort and, on February 23, 2021, Rialto City Council agreed to pay for a Rialto’s portion of the costs for the Phase 1 and Phase 2 SNMP technical studies (conducted by Water Systems 143
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Consulting, Inc.); and
I. Due to project-specific regulatory requirements associated with certain recycled water projects, the City of Redlands, East Valley Water District, San Bernardino Municipal Water Department, and San Bernardino Valley Municipal Water District (collectively, the “Bunker Hill-B Coalition”) conducted a separate Salinity Management Feasibility Study, completed in 2025, which evaluated regional salinity management alternatives (“Feasibility Study”); and
J. The Feasibility Study recommended additional groundwater modeling and technical evaluation to inform long-term salinity management strategies, including potential preparation of a Subregional SNMP or implementation of a regional groundwater desalter; and
K. Phase 3A of the SNMP builds upon the prior technical work and feasibility study recommendations and will include updated groundwater modeling, evaluation of recycled water project impacts, and development of updated salinity management strategies for the basin (“SNMP Phase 3A”); and
L. On February 17, 2026, the San Bernardino Valley Board of Directors approved Amendment No. 1 to San Bernardino Valley’s agreement with WSC, which requires WSC to conduct groundwater modeling and related technical work for SNMP Phase 3A in an amount not to exceed $352,859 (“WSC Amendment No. 1”); and M. For the purposes of this Agreement, San Bernardino Valley’s original agreement with WSC as amended by WSC Amendment No. 1 shall be referred to as the “WSC Agreement”; and
N. The City of Colton, City of Rialto, City of Riverside Public Utilities, San Bernardino Valley Water Conservation District, San Gorgonio Pass Water Agency, and Western Municipal Water District have agreed to participate in the SNMP Phase 3Arelated work (collectively, the “Additional SNMP Work Group Agencies”); and O. The Additional SNMP Work Group Agencies and the Bunker Hill-B Coalition (collectively the “Participating Agencies”) have agreed to share the cost of the SNMP Phase 3A work, as described in this Agreement, based on a collaborative cost allocation framework. Under this framework, members of the Bunker Hill-B Coalition will collectively fund fifty percent (50%) of the SNMP Phase 3A costs, with each coalition member contributing an equal share. The remaining fifty percent (50%) of the project cost will be equally shared among the Additional SNMP Work Group Agencies; and P. San Bernardino Valley will enter into separate cost sharing agreements with individual Participating Agencies, including Rialto, to document each agency’s financial participation in the SNMP Phase 3A work; and
Q. Rialto desires to participate in the regional SNMP Phase 3A work and contribute its proportionate share toward completion of the SNMP Phase 3A technical work.
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NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual covenants and conditions, the Parties hereto agree as follows:

1. Recitals. The Recitals stated above are incorporated herein by reference.

2. Effective Date. This Agreement shall commence upon the effective date of ________, 2026.

3. Term. This Agreement shall become effective on the Effective Date and shall remain in effect through _______, 2028, unless earlier terminated by written agreement of the Parties. Upon the effective date of such termination, San Bernardino Valley shall cease utilizing the Rialto Contribution (as defined in Section 7 below) to pay for the costs of the SNMP Phase 3A Scope of Work (as defined in Section 4 below) and San Bernardino Valley shall return any unspent funds thereof to Rialto within 30 days of the effective date of such termination.

4. Project Description. The Parties agree and acknowledge that SNMP Phase 3A work consists of regional technical work intended to support long-term groundwater basin sustainability and regulatory compliance for the San Bernardino Basin. The results of SNMP Phase 3A will inform future decisions by the Participating Agencies regarding potential implementation of additional SNMP actions. The detailed Scope of Work, as prepared by WSC, is attached hereto as Exhibit “A” and incorporated herein by reference (“SNMP Phase 3A Scope of Work”). The SNMP Phase 3A Scope of Work includes, but is not limited to the following:
a. Updating the Integrated Santa Ana River groundwater model through 2023. b. Evaluating impacts of recycled water and recharge projects on groundwater quality.
c. Assessing salinity management strategies within the San Bernardino Basin. d. Preparing technical memoranda and reports for the SNMP Work Group and the Regional Board

5. San Bernardino Valley’s Administration of WSC Agreement. San Bernardino Valley shall administer the WSC Agreement and shall be responsible for coordinating implementation of the SNMP Phase 3A and all related work, including, but not limited to the following:
a. Manage the WSC Agreement to ensure that the SNMP Phase 3A Scope of Work is completed in a satisfactory manner.
b. Coordinate with the Participating Agencies as may be necessary. c. Provide updates regarding progress of the SNMP Phase 3A Scope of Work 145
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to the Participating Agencies on a regular basis and as may be requested by each of the Participating Agencies.
d. Facilitate coordination with the Regional Board and Participating Agencies. e. Provide Rialto with any reports, memoranda, and other documents generated by WSC in the performance of the WSC Agreement upon Rialto’s request.

6. Rialto’s Responsibilities. Rialto agrees to reasonably cooperate with San Bernardino Valley by providing relevant information, data, or technical input upon request.

7. Nothing in this Agreement is intended to modify the cost allocation framework agreed upon by the agencies participating in the SNMP Phase 3A effort, nor shall it alter San Bernardino Valley’s role in administering the consultant contract and coordinating the regional technical work.

8. Cost Sharing.
a. Rialto’s Contribution. The Parties agree that the estimated total cost of the SNMP Phase 3A Scope of Work is $352,859 pursuant to the WSC Agreement (“SNMP Phase 3A Total Cost”). Rialto agrees to contribute an amount not to exceed Twenty-Nine Thousand Four Hundred Five Dollars ($29,405) towards the SNMP Phase 3A Total Cost, as described further in Exhibit B (entitled the “Project Budget and Cost Allocation Table”) which is attached hereto and incorporated herein by this reference (“Rialto Contribution”). San Bernardino Valley shall not spend the Rialto Contribution on any costs other than to pay for the SNMP Phase 3A Total Cost.
b. Invoices. San Bernardino Valley shall administer the WSC Agreement as provided in Section 5 and shall invoice Rialto for the total Rialto Contribution on or before ________, 2026, unless the Parties mutually agree in writing to an alternative invoicing arrangement aligned with the fiscal years covered by this Agreement.
c. Reconciliation. San Bernardino Valley shall prepare a final reconciliation of WSC’s invoices following completion of the SNMP Phase 3A Scope of Work. In the event there are unspent funds after completion of the SNMP Phase 3A Scope of Work, San Bernardino Valley shall return to Rialto such unspent funds in an amount that is in proportion to Rialto’s contribution towards the SNMP Phase 3A Total Cost as described in Exhibit B within ninety (90) days after the end of the Agreement term.

9. Indemnification. Each Party (“Indemnifying Party”) hereby agrees to defend, indemnify, and hold free and harmless the other Party and the other Party’s officers, employees, volunteers, and agents (“Indemnified Party”) from and 146
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against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, arising from or connected with the Indemnifying Party’s activities under this Agreement. In the event that an Indemnified Party is made a party to any action or proceeding filed in connection with a challenge to any work prepared pursuant to this Agreement, the Indemnifying Party shall provide a complete defense to the Indemnified Party and shall reimburse the Indemnified Party for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney’s fees. The provisions of this Section shall not apply to an Indemnified Party’s gross negligence or willful misconduct.

10. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, Rialto’s total liability for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to contract liability or Rialto’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed the total Rialto Contribution.

11. Authorization by Rialto. Rialto represents that the terms and execution of this Agreement, including any exhibits, have been duly authorized by Rialto’s City Council and that the persons signing this Agreement on its behalf have the necessary authority to do so.

12. Authorization by the San Bernardino Valley. San Bernardino Valley represents that the terms and execution of this Agreement, including any exhibits, have been duly authorized by San Bernardino Valley Board of Directors and that the persons signing this Agreement on its behalf have the necessary District authority to do so.

13. Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

14. No Partnership or Joint Liability. Nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture, joint powers authority, or other form of joint organization between the Parties. Each Party shall remain an independent public agency responsible only for its own actions and obligations. No Party shall be responsible for the debts, liabilities, or obligations of the other Party except as expressly provided in this Agreement.

15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

16. Coordination and Cooperation. The Parties acknowledge that they are entering 147
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into an Agreement in which the reasonable coordination and cooperation of all Parties will be required, including, but not limited to, the need to periodically meet, confer, coordinate, and collaborate with WSC.

17. Headings. All section headings throughout this Agreement are for convenience and reference only.

18. Originals and Copies. This Agreement may be executed in any number of counterparts, each of which so executed shallbe deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other Party an original signed Agreement upon request.

19. Notices. All notices required under this Agreement shall be provided in writing and delivered by email or first-class mail to the following representatives:

To Rialto: City of Rialto
150 South Palm Avenue
Rialto, California 92376
Attention: City Manager
E-mail: [email protected]
To District: San Bernardino Valley Municipal Water District 380 East Vanderbilt Way
San Bernardino, CA 92408
Attention: Chief Executive Officer and General Manager
E-mail: [email protected]

20. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Other than the Parties, no person, political subdivision, agency, board, department, division or commission shall be entitled to bring an administrative or judicial proceeding to enforce or interpret its terms.

21. California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California.

22. Integration; Amendment. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, 148
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agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

23. Waiver. No delay or omission in the exercise of any right or remedy by any Party shall impair such right or remedy or be construed as a waiver. A Party’s consent to or approval of any act by the other Party requiring the Party’s consent or approval shall not be deemed to waive or render unnecessary the other Party’s consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

24. Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment.

25. Time of Essence. Time is of the essence in the performance of this Agreement.

26. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement on the date first written above.

SAN BERNARDINO VALLEY

MUNICIPAL WATER DISTRICT
By: _____________________________
Heather P. Dyer
CEO/General Manager
Dated:
_____________________________

CITY OF RIALTO
By: _____________________________
Tanya Williams
City Manager
Dated:
_____________________________
ATTEST:
_________________________________
Barbara A. McGee Date
City Clerk
APPROVED AS TO FORM:
_________________________________
Eric Vail Date
City Attorney
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Exhibit A
Scope of Work prepared by WSC
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Exhibit B
Project Budget and Cost Allocation Table
The following table reflects the cost allocation agreed upon by agencies participating in the SNMP Phase 3A cost sharing framework.

Cost Sharing Agencies Cost Share
Bunker Hill-B Coalition Members (50%)

1. City of Redlands

2. East Valley Water District

3. San Bernardino Municipal Water Department

4. San Bernardino Valley Municipal Water District
$44,107
$44,107
$44,107
$44,107
Additional SNMP Work Group Participants (50%)

5. City of Colton $29,405

6. City of Rialto $29,405

7. City of Riverside Public Utilities $29,405

8. San Bernardino Valley Water Conservation District $29,405

9. San Gorgonio Pass Water Agency $29,405

10.Western Municipal Water District $29,405
TOTAL $352,859
The cost share amounts identified in the table above represent the maximum financial obligation of each agency participating in the SNMP Phase 3A cost sharing framework.

Any increase in the total project cost or modification to the consultant scope of work that would result in additional financial contributions from an agency identified in the cost share table shall require the prior written approval of the affected agency. 152
July 27, 2026
From: Planning and Watershed Resilience Staff, San Bernardino Valley To: Directors and General Managers, SNMP Cost Share Participating Agencies Re: Cost Sharing Letter Agreement for the San Bernardino Basin Area (SBBA) Salt and Nutrient Management Planning Phase 3A
Salt and nutrient management planning (SNMP) is an important management activity to protect the long-term sustainability of groundwater supplies. For the San Bernardino Basin Area, Basin stakeholders have been conducting SNMP technical studies on salinity management since 2021. The Phase 1 and 2 work, completed in 2023, included an assessment of total dissolved solids (TDS) and nitrate as well as groundwater modeling to estimate future TDS and nitrate concentrations in the Basin. The results quantified the impact of proposed recycled water projects and the benefits of recharging lower-TDS stormwater and imported water in the Basin.

SNMP is a regulatory framework to permit and implement various water resource management projects in the Basin through the Santa Ana Regional Water Quality Control Board. It assesses any impacts with potential long-term basin-wide effects on groundwater quality that result from activities such as projects involving surface water, groundwater, imported water, and/or recycled water, as well as other salt/nutrient contributing activities, through regional groundwater monitoring. SNMP benefits the region by facilitating and incentivizing stormwater capture and water reuse projects that increase water supply while ensuring that such projects are implemented in a manner that fully protects beneficial uses and mitigates any adverse effects on water quality. The proactive nature of SNMP potentially saves the region millions of dollars in water supply and water quality management costs.

Due to project-specific regulatory requirements, a separate yet parallel effort, the Salinity Management Feasibility Study, was completed in 2025. This study was completed by a smaller coalition of water agencies called the Bunker Hill-B (BH-B) Coalition, comprised of East Valley Water District, City of Redlands, San Bernardino Municipal Water Department, and San Bernardino Valley, and was focused on the east side of the Basin also known as the BH-B Management Zone. The Feasibility Study identified that a regional desalter would be needed at some point in the future to effectively manage TDS in the BH-B Management Zone and recommended a salinity management framework that emphasized a need for incorporating additional data and updating the groundwater model analyses to inform long-term strategies and triggers for implementation of various strategies.
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Phase 3A of the SNMP leverages SNMP Phase 1 and 2, implements the Feasibility Study’s recommendations, and combines the efforts of the SNMP Work Group and BHB Coalition into one comprehensive effort and technical study. San Bernardino Valley and the Cost Sharing Participating Agencies have jointly prepared and agreed to a Scope of Work and Fees with Water Systems Consulting, Inc. (“WSC” or “Consultant”) to conduct Phase 3A (the “Work”). WSC was selected to complete Phases 1 & 2 in 2021 through a competitive process and the contract had the option to complete a future Phase 3. On February 17, 2026, the San Bernardino Valley Board of Directors approved an amendment to the contract with WSC for Phase 3A and the cost share agreed to by the Parties whereby Bunker Hill-B Coalition members will pay 50% of the Phase 3A costs, with the remaining 50% equally split among the other six (6) cost sharing Participants.

Project Budget
Cost Sharing Agencies Cost Share
Bunker Hill-B Coalition Members (50%)

1. City of Redlands

2. East Valley Water District

3. San Bernardino Municipal Water Department

4. San Bernardino Valley Municipal Water District
$44,107
$44,107
$44,107
$44,107
Additional SNMP Work Group Participants (50%)

1. City of Colton $29,405

2. City of Rialto $29,405

3. City of Riverside Public Utilities $29,405

4. San Bernardino Valley Water Conservation
District
$29,405

5. San Gorgonio Pass Water Agency $29,405

6. Western Municipal Water District $29,405
TOTAL $352,859
Agreement

1. Effective Date and Term
This Agreement shall be effective on February 17, 2026. The term of this Agreement shall be from February 17, 2026, to December 31, 2028.

2. Engagement of Consultant and Administration of Consulting Services Agreement

2.1 San Bernardino Valley and its staff will administer the contract with WSC and the cost sharing provisions of this Agreement. San Bernardino Valley shall coordinate 154
all aspects of the proposed work with the Consultant and communicate with each Participating Agency, regularly and upon the request of the Participating Agency, regarding the status and substance of the Work. Participating Agency shall be permitted to review and comment upon any report or work product generated by the Consultant before it is accepted as final, or is otherwise made publicly available. The scope of work shall consist of that work referenced in the attached WSC Scope of Work.

2.2 Participating Agency shall provide all non-privileged existing documents, data, information, and assistance within its possession or control reasonably requested by San Bernardino Valley and Consultant during the performance of the Consulting Services Agreement. Participating Agency shall not be required to generate, create, or draft any new documents, mapping, or other materials as a result of any such request, without the Participating Agency’s prior written consent.

3. General Provisions
(a) Cost Sharing
The SNMP Work Group Cost Share Participating Agencies hereby agrees to pay $29,405 each towards the completion of Phase 3A. San Bernardino Valley shall collect from each Participating Agency the full amount of the total cost share of each Participating Agency as provided in Section 3(f) below unless otherwise communicated in writing.
(b) Warranty and Indemnification
Each Party ("Indemnitors") hereby agrees to defend, indemnify, and hold free and harmless the other Parties ("Indemnitees") from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, arising from or connected with Indemnitors' activities under this Agreement. In the event San Bernardino Valley, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a challenge to any work prepared pursuant to this Agreement, the Participating Agency shall provide a complete defense to San Bernardino Valley, its directors, officers, employees, and agents and shall reimburse San Bernardino Valley for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney’s fees.
(c) Notices
Correspondence to be given to any Party may be sent by email or first-class mail, addressed, and delivered as set forth below in the address blocks for each Party. (d) Representation of Authority
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Each Party represents to the other that it has the authority to enter into this Agreement and that the individual signing this Agreement on behalf of their respective Parties has the authority to execute this Agreement and to bind their respective Parties to the terms and conditions of this Agreement. (e) Counterparts
This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument.
(f) Invoicing
San Bernardino Valley will administer the contract with the Consultant and invoice the Participating Agency its full cost share on or before June 30, 2026.

Alternatively, a Participating Agency may request an alternative invoicing arrangement aligned with the fiscal years covered by the agreement. San Bernardino Valley will prepare a final disposition of consultant invoices for Participating Agencies and return unspent funds no later than 90 days after the end of the Agreement term.
(g) Coordination and Cooperation
The Parties acknowledge that they are entering into an Agreement in which the cooperation of all Parties will be required, including the need to periodically meet, confer, coordinate, and collaborate with the Consultant. This Agreement contemplates joint studies and planning, and by entering into this joint funding agreement, no Participating Agency approves, expresses support for, or otherwise makes any commitment, for further funding or otherwise, with respect to the subject matter or recommendations of Phase 3A, or any of the other Phases leading up to it.

BY SIGNING BELOW, THE PARTIES AGREE TO BE BOUND BY THE PROVISIONS

OF THIS AGREEMENT

SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
By: _____________________________
Heather P. Dyer, CEO/General Manager
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Dated: _____________________________

SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT
By: _____________________________
Betsy Miller, General Manager
Dated: _____________________________
Attachments:

1. WSC Scope of Work for Phase 3A

2. San Bernardino Valley Board Memo for Phase 3A
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DRAFT Proposal for Phase 3A of the Upper Santa Ana River Salt and Nutrient Management Strategy Study
Dear Greg,
The Salt and Nutrient Management Plan (SNMP) Working Group selected the WSC/Geoscience Team in 2021 to perform the Upper Santa Ana River Watershed Salt and Nutrient Management Strategy Study (SNMSS). The Study consisted of three phases: Phase 1: Water Quality Characterization; Phase 2: Project Planning and Impact Analysis; and Phase 3: Development of the SNMP. The Team completed Phases 1 and 2 with the work documented in a series of technical memoranda (TMs), culminating in a TM that summarized model assumptions and presented baseline and predictive scenario results for four future alternatives.

The scenarios in Phase 2 evaluated a range of projects and management strategies using the Integrated SAR Water Quality Model. The model results provided TDS projections from 2020 through 2045, which projected that 20% of the TDS assimilative capacity would be consumed between 2039 and beyond 2045, depending on the scenario.

Extrapolation of the projections showed that the Water Quality Objective for TDS would not be exceeded until between 2053 and 2070, depending on the scenario.

As Phase 2 of the SNMSS was being completed in 2023, the Bunker Hill Regional Recycled Water Coalition (Coalition) formed with the primary objective of recharging recycled water into the Bunker Hill B Groundwater Management Zone (BH-B GMZ) to enhance long-term basin sustainability while managing the impacts of salt (as total dissolved solids [TDS]) and nitrate (as N) on ambient water quality (AWQ). In response to a Santa Ana Regional Water Quality Control Board (Water Board) requirement in the Sterling Natural Resource Center recycled water recharge permit, the Coalition commissioned the Bunker Hill Regional Recycled Water Salinity Management Feasibility Study (Feasibility Study) to evaluate a range of salinity management alternatives.

As a result, Phase 2 of the SNMSS ended with a recommendation to pause before beginning Phase 3 while the Coalition completed the Feasibility Study, the results of which would inform the scoping of Phase

3. The Feasibility Study identified that a Regional Desalter would be needed at some point in the future to effectively manage TDS in BH-B GMZ, but also proposed a salinity management framework that emphasized a near October 16, 2025
San Bernardino Valley
Municipal Water
District
Greg Woodside, PG, CHG
Chief of Planning & Watershed
Resilience
380 East Vanderbilt Way
San Bernardino, CA 92408
WSC Orange County
25201 Paseo De Alicia, STE 290
Laguna Hills, Ca, 92653
P: (949) 528-0960
Michael Cruikshank
P: 714.721.7298
E: [email protected]
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term need for additional data and updated model analyses to inform long term strategies and triggers for implementation of various strategies. Following the updated model analyses, the Feasibility Study identified a decision point for the Coalition (in consultation with the SNMP Workgroup and the Water Board), on whether to proceed with preparation of a Subregional SNMP, or to move forward with implementation of a Regional Desalter as the primary salinity management solution, as summarized in the graphic below, and shown in detail on the Salinity Management Action Timeline included on Page 7 of this proposal.

For the purposes of scoping Phase 3 of the SNMSS for this proposal, we have identified the scope of work needed to get to the decision point as Phase 3A and the scope of work resulting from that decision as Phase 3B. This proposal focuses on Phase 3A because the scope of Phase 3B cannot be confirmed until after Phase 3A is complete.

This Salinity Management Action Timeline was presented to the Water Board on September 30, 2024. The Water Board was generally receptive to the approach and provided two key requests for both the Feasibility Study and the subsequent Implementation Plan:
• Establish interim milestones and check-ins (2025–2027): The Board requested updates to demonstrate progress on the technical work. Since the Water Board is a member of the SNMP Working Group, many of these updates will occur through Workgroup meetings, though the Coalition and the Board may also meet separately on issues specific to the Coalition.
• Clarify model approaches: Provide a description of the Cumulative Antidegradation Model and the SNMP Model, including an explanation of differences in assumptions, methodologies, and results.
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The scope of work proposed herein is referred to as Phase 3A of the SNMSS and intended to address these Water Board requests and the tasks identified in the Salinity Management Action Timeline under the Upper Santa Ana SNMP Workgroup prior to the Subregional SNMP decision point:

1. Update the TDS components of the groundwater model;

2. Model impacts of regional recycled water projects and potential salinity management measures on ambient TDS in the Bunker Hill-B Basin. Potential management measures include a regional desalter, recharge of low TDS water, and best management practices the impacts of regional recycled water projects and potential salinity management measures on ambient TDS in the Bunker Hill B Basin; and

3. Prepare SNMSS Phase 3A Report for submittal to the Regional Board.

Based on the analysis and the Regional Board’s feedback during the process, the SNMSS Phase 3A Report will identify the proposed path forward for the Coalition and SNMP Workgroup, which will serve as the basis of the scope for Phase 3B.

Sincerely,
Water Systems Consulting, Inc.

Michael J. Cruikshank PG, CHG Laine Carlson, PE
Project Manager Principal in Charge
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Scope of Work
Task 0 Project Management

0.1 Project Administration
• Prepare and submit monthly progress reports with each invoice, assuming a 21- month project duration.

0.2 Routine Coordination with Staff of the Coalition
• Conduct monthly one-hour virtual meetings with the Coalition to provide project updates, discuss methodologies, review data needs, present interim results, and address other coordination needs.
• Maintain ongoing communication with Coalition members as needed via phone and email.

Task 1 Groundwater Model Updates
Geoscience was previously tasked by the San Bernardino Valley Municipal Water District (San Bernardino Valley) with constructing a groundwater flow model for the Upper Santa Ana Valley Groundwater Basin by integrating existing groundwater and surface water models. This model, known as the Integrated SAR Model was used as a management tool to determine what factors contribute to reduced streamflow in the SAR and to evaluate potential effects from proposed projects on streamflow and groundwater levels across the basin, including Upper SAR Habitat Conservation Plan (HCP) “Covered Activities”.

The Integrated SAR Model will be used to estimate the probable effects of planned recharge projects on ambient groundwater quality. The model, previously applied in Phases 1 and 2 of the SNMSS, will be updated through 2023 and a revised baseline alternative and up to four project alternatives will be developed, and analyzed. Results from this effort may also support development of a Subregional SNMP, if pursued under Phase 3B.

1.1 Data Collection and Analysis
Geoscience will compile and summarize the volumes and qualities of stormwater and State Water Project water recharged at each percolation basin in the San Bernardino Basin (SBB)_ from 2020 to 2023. Geoscience will utilize this data to extend the record from the 1978 -2019 period previously compiled. The water quality record will be brought through 2023 for stormwater and State Water Project recharge. Water quality data from Ambient Water Quality updates for TDS and nitrate-N will be collected and compiled to extend the observed record through 2023.

1.2 Update Solute Transport Model through 2023
Geoscience was contracted by the San Bernardino Valley Water Conservation District (WCD) to update surface and groundwater flow model portions of the Integrated SAR Model through 161
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December of 2023 to evaluate WCD recharge activities in the SBB. Geoscience will update the Integrated SAR Model TDS and nitrate-N solute transport models (MT3D-USGS) to cover the period from1966 to 2023 to extend the calibration period of the solute transport models to coincide with the updated surface/groundwater flow models. Model calibration over the new model period from 1966 to 2023 will be evaluated and compared to the previous calibration metrics for both TDS and nitrate-N. The volume-weighted annual average TDS and nitrate concentrations will be calculated and tabulated, as well as concentration of TDS and nitrate-N at observation wells. Then, results will be compared to applicable water quality objectives in the SBBA.

Task 2 Develop and Evaluate Scenarios to Characterize
Probable Impacts to Groundwater Quality from
Recycled Water Projects

2.1 Develop Model Scenarios
The Project Team will work with the Bunker Hill-B Coalition and the SNMP Workgroup to confirm the current and planned recycled water projects (including recharge locations, recharge quantities, and recycled water qualities) to be included in the scenario analysis. The most recent groundwater pumping projections from the 2025 Urban Water Management Plans will be incorporated into the groundwater model scenarios. Geoscience will summarize the draft modeling assumptions before preparing the model inputs. Once confirmed, Geoscience will prepare the final model input assumptions and run the model scenarios. Geoscience anticipates incorporating updated project assumptions for the following:
− East Valley Water District's Sterling Natural Resource Center − San Bernardino Water Department’s Tertiary Treatment System − Yucaipa Valley Water District's projects including discharge to San Timoteo Creek − City of Beaumont's discharge to tributaries of San Timoteo Creek − City of Riverside's planned discharges to Reach 3 of the Santa Ana River above MWD crossing (as part of the HCP implementation strategy) − Recharge in Rialto-Colton at Cactus Basins
− Program for Expansion of Recharge Capacity (PERC) Projects − City of Redlands project

2.2 Groundwater Model Runs and Analysis
A baseline scenario model run without any proposed recharge projects will be performed. Flow and transport simulations will be conducted utilizing a monthly stress period. Results from other predictive scenario runs for recycled water projects will be compared to the baseline scenario results to identify net changes of TDS and nitrate concentrations from planned recycled water projects over the next 20 years (or longer planning period selected by the Project Team).
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Upon confirmation of the scenario assumptions, Geoscience will run up to four (4) scenario runs to identify volume-weighted annual average concentrations of TDS and two (2) scenarios for nitrate after implementing planned recycled water projects. The scenario modeling results will be compared to baseline results to identify net changes on average TDS and nitrate concentrations in the receiving groundwater basins expected to occur as a result of these planned recycled water recharge projects over the planning period. Results from this modeling and analysis effort will include:
• Model-predicted TDS and nitrate concentrations through time with and without recycled water project(s);
• Volume-weighted annual average, rolling 5-year, 10-year, and 20-year average TDS and nitrate concentrations for the baseline run and each scenario run in the applicable GMZs and the larger SBBA GMZ; and
• Chemographs for TDS and nitrate at water supply wells showing recycled water project local impacts on downstream drinking water wells. • Detailed annual water budget analysis including:
o A table summarizing the water budget by year for baseline and each scenario;
o A mass balance table for the BH-B MZ by year for baseline and each scenario;
o Identification of all model locations where TDS or nitrate concentrations are specified; and
o Documentation of any boundary conditions applied in the model for TDS or nitrate.

2.3 Draft and Final Phase 3A Modeling Technical Memorandum Geoscience will prepare a Draft and Final Phase 3A Modeling TM. Results from Tasks 1 and 2 will be summarized in the Draft TM. An electronic copy (i.e., PDF) will be provided and presented to the Coalition and the SNMP Workgroup for review and comment. Upon incorporation of any comments, Geoscience will submit an electronic copy of the Final TM.

Deliverables: Draft and Final Modeling Technical Memorandum Task 3 SNMSS Phase 3A Report
WSC will prepare a report summarizing the analyses from Phase 1 and Phase 2 of the previous SNMSS work, the Phase 3A modeling report from Tasks 1 and 2 of this effort, and the implications for long term salinity management. The Report will build on the results of the Feasibility Study and the SNMSS work and provide an updated evaluation of the benefits and impacts of pursuing a Subregional SNMP in comparison to implementing a Regional Desalter.

The Report will present a proposed path forward for salinity management in BH-B MZ. If the proposed path forward includes making a request to the Water Board for use of more than 20% of the assimilative capacity (AC) based on the results from the modeling work, the Report will 163
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also define the necessary commitments and actions, including establishing an action trigger for initiating the Regional Desalter Final Design in coordination with Water Board Staff.

Deliverables: Draft and Final Report
Task 4 Stakeholder Meetings

4.1 Meetings with the SNMP Workgroup
• Conduct a total of five (5) SNMP Workgroup meetings—two in-person and three virtual (via Teams)—scheduled around key decision points such as discussion of model scenario assumptions, review of model results, and release of draft technical memoranda or reports.

4.2 Meetings with Regional Board Staff
• Prepare for Regional Board staff meetings in coordination with Coalition staff. • Conduct two in-person meetings with Regional Board staff to discuss the modeling approach, review model results, and discuss the utilization of assimilative capacity.

Optional Task 1 Additional Solute Transport Model
Calibration (Optional Task)
Geoscience will perform and analyze up to five (5) additional solute transport model calibration runs, in consultation with the Coalition, if the model update assessment indicates that further calibration is needed. An iterative process will be used, with intermediate calibration results evaluated and shared with the project team throughout the effort.

Optional Task 2 Evaluate Two Alternative Scenarios for
TDS and One Alternative Scenarios for
Nitrate-N to Characterize Probable
Impacts to Groundwater Quality from
Recycled Water Projects In Bunker Hill A
(Optional, As-Needed)
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To evaluate alternatives in Bunker Hill-A, Geoscience will run up to two (2) scenario runs to identify volume-weighted annual average concentrations of TDS after implementing planned Bunker Hill A projects. The scenario modeling results will be compared to baseline results to identify net changes on average TDS concentrations in the receiving groundwater basins that are expected to occur as a result of planned project alternatives over the next 20 years.

Following the TDS runs, Geoscience will perform one (1) nitrate-N simulation of the preferred alternative.

Results from this modeling and analysis effort will include:
• Model-predicted TDS and nitrate concentrations through time with and without recycled water project(s);
• Volume-weighted annual average, rolling 5-year, 10-year, and 20-year average TDS and nitrate concentrations for the baseline run and each scenario run in the applicable GMZs and the larger SBBA GMZ; and
• Chemographs for TDS and nitrate at water supply wells showing recycled water project local impacts on downstream drinking water wells. 165
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Schedule

J F M A M J J A S O N D J F M A M J J A S
Routine Coordination with Staff of the Coalition
Task 1.1 Data Collection and Analysis
Task 1.2: Update Solute Transport Model through 2023
Task 2.1: Develop Model Scenarios
Task 2.2: Groundwater Model Runs and Analysis
Task 2.3: Draft and Final Modeling Technical Memorandum TM TM Task 3.1: Prepare Draft and Final Report TM TM
Task 4.1: Meetings with SNMP Workgroup ( 5 Total Meetings) KO 1 2 3 4 Task 4.2: Meetings with the Santa Ana Regional Water Quality Control Board Optional Task 1: Additional Solute Transport Model Calibration Optional Task 2: Evaluate Two Alternative Scenarios for TDS and One Alternative Scenarios for Nitrate-N to Characterize Probable Impacts to Groundwater Quality from Recycled Water Projects In Bunker Hill A Task 4: Stakeholder Meetings
Task 0: Project Management
Optional Tasks
Task 1: Groundwater Model Updates
Task 2: Develop and Evaluate Scenarios to Characterize Probable Impacts to Groundwater Quality from Recycled Water Projects Task 3: Phase 3A Bunker Hill-B GMZ Salinity Management Strategy Study Report TASKS
2026 2027
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Fee Estimate
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City of Rialto
Legislation Text
File #: 26-0583, Version: 1, Agenda #: F.2
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Yazdan Emrani, P.E., Director of Public Works
Request City Council to: (1) Adopt Resolution No. 8575 Approving a Construction Fee Credit and Reimbursement Agreement by and Between the City of Rialto and Warmington Residential California, Inc., a California Corporation, Including a Credit of $198,288 From Regional Traffic Fee Fund, and $2,848 From Street Median Fee Fund, and Authorizing the Associated Reimbursement to the Developer; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents.

RECOMMENDATION:

Staff requests that City Council:
1) Adopt a resolution approving a construction fee credit and reimbursement agreement by and between the City of Rialto and Warmington Residential California, Inc., a California Corporation; and
2) Authorize the City Manager or their designee to execute all related documents.

BACKGROUND:

Warmington Residential California, Inc., a California Corporation (hereinafter the “Developer”), submitted various planning and development applications to the City and proposes to construct 81 attached condominium dwelling units with private streets on 4.99 acres of vacant land (APNs: 0128- 361-20 and 0128-361-24) located at the northeast corner of Foothill Boulevard and Spruce Avenue (the “Project”) (see map included as Attachment 1).

On March 19, 2025, the City of Rialto Planning Commission approved Precise Plan of Design (PPD) 2024-0008, which established Conditions of Approval for the Project. The Conditions of Approval for the Project require the Developer to construct specified off-site improvements (“Off-Site Improvements”), including but not limited to widening the Foothill Boulevard frontage (“Roadway Widening”) and construction of a raised and landscaped median (“Median Work”).

The roadway widening and median work are both eligible for reimbursement through a Construction Fee Credit and Reimbursement Agreement pursuant to the provisions of Section 3.33.100 of the Rialto Municipal Code (Fee Credits), which states:
…if as a condition of approval of a development project a Developer constructs a public facility identified in a Nexus Report for which a development impact fee is imposed, then the Developer shall be eligible to receive a fee credit toward the development impact fee imposed on the development project for the same type of public facility so constructed. The Developer City of Rialto Page 1 of 4 Printed on 9/17/2026
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on the development project for the same type of public facility so constructed. The Developer shall not be entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the Developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the City Council.

ANALYSIS/DISCUSSION:

Section 3.33.110 of the Rialto Municipal Code (Construction and Credit Agreements) permits the City Manager to negotiate a Construction Fee Credit and Reimbursement Agreement requested by a Developer, subject to City Council approval. The City Building Official or the City Engineer shall determine the amount of the fee credit based upon the evidence of costs to construct the public facility submitted by the Developer.

Regional Traffic Fee Credit
The Regional Traffic Fee Program (Measure I) identifies the widening of Foothill Boulevard as an eligible improvement. The Regional Traffic Fee Program (RMC 3.33.160) compensates developers for constructing roadway capacity improvements, including roadway widening, curb/gutter/sidewalks, and streetlights (complete streets).

The Project owes $198,288 in Regional Traffic Development Impact Fees at the time of issuance of the building permit. The estimated construction cost for eligible improvements of the Roadway Widening, considered an eligible Regional Traffic Fee improvement, is $250,172. In accordance with Section 3.33.110 of the Rialto Municipal Code, the Developer has requested a credit toward the Regional Traffic Fee for the cost to construct the roadway widening and has requested reimbursement of the cost exceeding the Regional Traffic Fee, with reimbursement estimated at $51,884.

Street Median Fee Credit
The City’s local Street Median Development Impact Fee (RMC 3.33.180) established a fee for construction of raised and landscaped medians along major arterials within the City pursuant to the City’s Circulation Element of its General Plan. Foothill Boulevard is identified as a 6-lane divided Major Arterial with a raised and landscaped median.

The Project owes $2,848 in Street Median Development Impact Fees at the time of issuance of the building permit. The estimated construction cost for the median work is $146,366. In accordance with Section 3.33.110 of the Rialto Municipal Code, the Developer has requested a credit towards the Street Median Fee for the cost to construct the median work and has requested reimbursement of the cost exceeding the Street Median Fee - with reimbursement estimated at $143,518.

The estimated cost of the Public Improvements and Net Reimbursement Due to Developer is summarized below:

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The City will credit the Developer with the full amount of the Regional Traffic Fee and Street Median Fee due and will owe a reimbursement of $51,884 for the roadway widening and $143,518 for the median work to the Developer.

Conclusion
The City will base the final credit amounts upon the actual costs of constructing the eligible improvements. The Developer must provide invoices and evidence of payments to construct these improvements. The Developer must also comply with the City’s competitive bidding and contracting procedures as well as pay prevailing wages for these publicly financed improvements.

A copy of the proposed Construction Fee Credit and Reimbursement Agreement is included as Attachment 2, and the conflict disclosure statement with Warmington Residential California, Inc. is included as Attachment 3.

ENVIRONMENTAL IMPACT:

This Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, In-Fill Development Projects.

Approval of the Construction Credit and Reimbursement Agreement is an administrative or fiscal action by the legislative body that will not result in any additional direct or indirect physical change in the environment than what was already analyzed (Section 15378(b) of the California Environmental Quality Act (CEQA) Guidelines).

GENERAL PLAN CONSISTENCY:

This action is consistent with Guiding Principle 3 in the General Plan:

Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.

Approval of this action also complies with the following City of Rialto General Plan Goals and Policies:

Goal 3-1: Strengthen and diversify the economic base and employment opportunities and maintain a positive business climate.

Goal 3-6: Require that all developed areas within Rialto are adequately served with City of Rialto Page 3 of 4 Printed on 9/17/2026
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File #: 26-0583, Version: 1, Agenda #: F.2
essential public services and infrastructure.

Goal 3-7: Upgrade public infrastructure as an inducement to promote private investment.

LEGAL REVIEW:

The City Attorney’s Office has reviewed resolution and agreement and approved them as to form.

FINANCIAL IMPACT:

Operating Budget Impact:

There is no impact on the Operating Budget.

Capital Improvement Budget Impact:

The City normally receives Development Impact Fees at issuance of building permits. In this case, Developer will receive a full credit of the Regional Traffic Fee and Street Median Fee that would otherwise be due and payable upon issuance of a building permit. As the costs for the eligible fee credit work exceed the amount of the fee credit otherwise due, the City will reimburse the Developer the excess amount subject to the provisions of the Construction Fee Credit and Reimbursement Agreement. Upon completion of the public improvements, Staff will verify the final costs and the City and Developer will make reconciliation payments as appropriate in accordance with the terms of the Construction Fee Credit and Reimbursement Agreement.

The proposed Construction Fee Credit and Reimbursement Agreement will grant the Developer a credit of $198,288 against Regional Traffic Fee Fund, Account No. 22504312-47679 and $2,848 against Street Median Fee Fund, Account 22554314-47679 otherwise due. Upon project completion, the City will reimburse the Developer $51,884 from the Regional Traffic Fee Fund, Account No. 22504312-53001 (subject to the availability of funds at the time of reimbursement) and $143,518 from the Street Median Fee Fund, Account No. 22554314-53001 (subject to the availability of funds at the time of reimbursement).

If sufficient funds are not available in the applicable Impact Fee accounts at the time reimbursement is due, payment may be deferred in accordance with Section 5.4.4, “Availability of Unencumbered Impact Fees,” until sufficient funds are available and appropriated by the City Council.

Licensing
Before execution of any issued On-Site or Off-Site Construction Permits, the Subdivider secured a business license application and paid a Business License tax at the Contractor's rate, as well as Administration and State fees for his contractors performing any improvements, and shall renew accordingly.

ATTACHMENTS

1. Location Map

2. Proposed Construction Fee Credit and Reimbursement Agreement

3. Conflict Disclosure Statement
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ATTACHMENT 1

LOCATION MAP (NOT TO SCALE)
PPD 2024-0008 WILLMINGTON RESIDENTIAL CONDOMINIUMS
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CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*
Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner
Name of City Elected or
Appointed Official, City
Officer, a City Employee or
Consultant
Relationship Between the
Two
By submitting this [application/proposal], or supplying any goods or services to the City, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section

2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity:

Title:

Signature: Date:

Form Date 11/11/2021
n/a n/a n/a
Warmington Residential Caifornia, Inc / Mickie Sponaugle Vice President of Escrow
9/4/26
Mickie Sponaugle
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2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A “conflicting interest” includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (5) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. 195
(6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.
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RESOLUTION NO. 8575

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIALTO, CALIFORNIA, APPROVING A CONSTRUCTION FEE

CREDIT AND REIMBURSEMENT AGREEMENT BY AND

BETWEEN THE CITY OF RIALTO AND WARMINGTON
RESIDENTIAL CALIFORNIA, INC., A CALIFORNIA

CORPORATION
WHEREAS, the budget for fiscal year 2026-2027 of the City of Rialto has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, Frontier Enterprises, Warmington Residential California, Inc., a California Corporation, (hereinafter the “Developer”), submitted various planning and development applications to the City and proposes to construct an eighty-one (81) attached dwelling units with private streets and various amenities for residential use on 4.00 acres of land (APNs:
0128-361-20 and 0128-361-24) located at the northeast corner of Foothill Boulevard and Spruce Avenue, (the “Project”); and
WHEREAS, on March 19, 2025, the Planning Commission approved the Project as categorically exempt from the requirements of the California environmental Quality Act (CEQA) pursuant to Section 15332, In-fill Development Projects. (Environmental Assessment Review No. 2024-0011) for the Project, (the “Environmental Document”); and WHEREAS, on March 19, 2025, the Planning Commission approved Precise Plan of Design No. 2024-0008 for the Project subject to certain Conditions of Approval; and WHEREAS, the Conditions of Approval for the Project require Developer to construct certain public improvements (“Public Improvements”) including but not limited to (i) widening of Foothill Boulevard generally across the frontage between Spruce Avene and approximately 700 feet east of Spruce Avenue (“Road Widening Work”), and (ii) the construction of a raised landscaped median on Foothill Boulevard, from Spruce Avenue east to approximately 700 feet east of Spruce Avenue (“Median Work”); and
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WHEREAS, the Road Widening Work and Median Work are identified in the City’s various Nexus Studies or have been deemed necessary as improvements and are therefore eligible for reimbursements or fee credits in accordance with the provisions of Rialto Municipal Code Section 3.33.100 (entitled “Fee Credits”); and
WHEREAS, the Conditions of Approval for the Project require Developer to pay prior to issuance of building permits the following fees: (1) a Regional Traffic Development Impact Fee in the amount of $198,288.00; and (2) a Street Median Development Impact Fee in the amount of $2,848.00; collectively the “Fair Share Fees”; and
WHEREAS, Section 3.33.110 of the Rialto Municipal Code (entitled “Construction and Credit Agreements”) permits the City Manager to negotiate and enter into Construction and Credit Agreements with Developers, subject to the approval of the City Council; and WHEREAS, Section 3.33.100 of the Rialto Municipal Code also provides that a Developer is not entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the City Council; and.

WHEREAS, the Developer and the City have negotiated the terms of a Construction Fee Credit and Reimbursement Agreement related to the construction of the Public Improvements and payment of the Fair Share Fees, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the construction of the Public Improvements was reviewed and considered as part of the environmental review for the Project; and WHEREAS, approval of the Construction Fee Credit and Reimbursement Agreement is an administrative or fiscal action by the legislative body that will not result in any additional direct or indirect physical change in the environment than what was already analyzed (Section 15378(b) of the CEQA Guidelines), consequently no further environmental review is warranted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO HEREBY RESOLVES AS FOLLOWS:
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Section 1: Appropriate the following expenditures related to the Construction Fee Credit and Reimbursement Agreement with Warmington Residential California Inc., a California corporation, as follows:
a. Regional Traffic Fee Fund, Account No. 22504312-53001 in the amount of $51,884; b. Street Median Fee Fund, Account No. 22554314-53001 in the amount of $143,518.

Section 2: The City Council hereby finds and determines, based on substantial evidence in the record that Developer is entitled to receive credits from the City towards the Regional Traffic Development Impact Fee and Street Median Development Impact Fee for the cost to construct the Road Widening Work and Median Work.

Section 3: The City Council hereby finds and determines, based upon substantial evidence in the record, the analysis and environmental review completed, and the Environmental Assessment Review No. 2024-0011 for the Project, that there will be no additional significant or adverse impact on the environment resulting from entering into the Construction Fee Credit and Reimbursement Agreement.

Section 4: The City Council hereby approves the Construction Fee Credit and Reimbursement Agreement by and between Developer substantively in form and content to that attached hereto in Exhibit A along with any non-substantive changes as may be mutually agreed upon by the City Manager (or his duly authorized representative), City Attorney, and Developer. The final Construction Fee Credit and Reimbursement Agreement, when duly executed and attested, shall be filed in the office of the City Clerk.

Section 5: The City Manager (or his duly authorized representative) is authorized to execute and implement the Construction Fee Credit and Reimbursement Agreement, take all further actions, and execute all documents referenced therein and/or necessary and appropriate, including causing the issuance of warrants.

Section 6: The City Clerk shall certify to the adoption of this Resolution.

WHEREFORE, this Resolution is passed, approved and adopted this ____ day of ___________, 2026.
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_______________________________
JOE BACA, Mayor
ATTEST:
________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of __________, 2026.

Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ______ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2026.
_______________________________
BARBARA A. MCGEE, CITY CLERK
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EXHIBIT “A”

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
202
City of Rialto
Legislation Text
File #: 26-0584, Version: 1, Agenda #: F.3
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Yazdan Emrani, Director of Public Works
Request City Council to: (1) Approve a Joint Use Agreement with Southern California Edison Related to the Precise Plan of Design 2023-0041, Located at the Southwest Corner of Locust Avenue and Lowell Street; and (2) Authorize the City Manager or Their Designee to Execute all Related Documents.

RECOMMENDATION
Staff recommends that City Council:
1) Approve a joint use agreement with Southern California Edison (SCE) related to the Precise Plan of Design (PPD) 2023-0041; and
2) Authorize the City Manager or their designee to execute all related documents.

BACKGROUND
On January 27, 2026, the City of Rialto City Council conditionally approved Precise Plan of Design (PPD) 2023-0041 for the development of a 664,859 square-foot industrial warehouse building on approximately 38.89 acres (APN: 0239-192-23) located at the southwest corner of Locust Avenue and Lowell Street within the General Manufacturing (I-GM) Land Use District of the Rialto Airport Specific Plan. This development is required to construct public improvements, including pavement reconstruction, landscaping and irrigation, sidewalks, streetlights, curb and gutter, and undergrounding of overhead utilities. A copy of the City Council staff report is included as Attachment 1.

ANALYSIS/DISCUSSION
The Developer/Owner, IV5 Locust Gateway LLC, requests that the City Council approve an SCE Joint Use Agreement (JUA) to satisfy the project’s condition of approval for undergrounding overhead utilities along the project frontage. Preparation of plans and specifications for the Locust Avenue and Lowell Street improvements is complete, permitted, and contracted, subject to final utility coordination and relocation requirements. City staff, along with the Developer/Owner’s staff, have been coordinating with the utility companies regarding the relocation of the impacted utilities. During discussions with SCE, it was determined that a portion of SCE’s infrastructure will be undergrounded and placed within the City’s Right of Way. Any SCE facility relocations, removals, or new installations will be paid for by the Developer/Owner. Please refer to the Utility Design plans, which are included as Attachment 2.

The location of SCE’s infrastructure is within SCE’s existing easement areas with prior rights. The City of Rialto Page 1 of 2 Printed on 9/17/2026
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File #: 26-0584, Version: 1, Agenda #: F.3
The location of SCE’s infrastructure is within SCE’s existing easement areas with prior rights. The new locations will be within the public right-of-way where the City has prior rights. As such, the JUA was created to maintain SCE’s status quo and is included as Attachment 3.

ENVIRONMENTAL IMPACT
An Environmental Impact Report (EIR), reviewed under Environmental Assessment Review No. 2023 -0051, was prepared to comply with the California Environmental Quality Act (CEQA). The EIR was approved by the City Council on January 27, 2026, and is on file with the Planning Division.

GENERAL PLAN CONSISTENCY
The project is consistent with the following goals of the Land Use Element of the Rialto General Plan:

Goal 2-16: Improve the architectural and design quality of development in Rialto.

Goal 2-19: Encourage neighborhood preservation, stabilization, and property maintenance.

Goal 2-21: Ensure high-quality planned developments in Rialto.

LEGAL REVIEW
The City Attorney’s Office has reviewed the agreement and approved it as to form.

FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not affect the Operating Budget. All costs associated with the relocation, removal, or new installation of SCE facilities will be paid by the Developer.

Capital Improvement Budget Impact
The proposed action will not affect the Capital Improvement Budget. All costs associated with the relocation, removal, or new installation of SCE facilities will be paid by the Developer.

Licensing
Before execution of any issued On-Site or Off-Site Construction Permits, the Subdivider secured a business license application and paid a Business License tax at the Contractor's rate, as well as Administration and State fees for his contractors performing any improvements, and shall renew accordingly.

ATTACHMENTS

1. City Council Staff Report of January 27, 2026

2. SCE Final Utility Design Plans

3. SCE Joint Use Agreement
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City of Rialto
Legislation Details (With Text)
File #: 26-0006 Version: 1 Name:

Type: Public Hearing Status: Agenda Ready
File created: 1/12/2026 In control: City Council
On agenda: 1/27/2026 Final action:

Title: Request City Council Conduct a Public Hearing to Consider Adoption of: (1) Resolution No. 8455 Approving an Environmental Impact Report (Environmental Assessment Review No. 2023-0051 / State Clearinghouse No. 2024061274), Prepared for the Development and Operation of a 664,859 Square Foot Industrial Warehouse Building on 38.89 Gross Acres (38.78 Net Acres) of Land (APN:
0239-192-23) Located at the Southwest Corner of Locust Avenue and Lowell Street within the General Manufacturing (I-GM) Land Use District of the Rialto Airport Specific Plan (“Site”), in Accordance with the California Environmental Quality Act (CEQA); (2) Resolution No. 8456 Approving Tentative Parcel Map No. 2023-0006 (TPM 20809), a Request to Provide Right-of-Way Dedications and to Resolve Underlying Past Recordings and Instruments Related to One (1) 38.89 Gross Acre (38.78 Net Acre) Parcel of Land (APN: 0239-192-23) on the Site; (3) Resolution No. 8457 Approving Conditional Development Permit No. 2023-0032, A Request to Allow the Development and Operation of a 664,859 Square Foot Industrial Warehouse Building on the Site; (4) Resolution No. 8458 Approving Precise Plan of Design No. 2023-0041, A Request to Allow the Development of a 664,859 Square Foot Industrial Warehouse Building on the Site; and (5) Ordinance No. 1708 Approving Development Agreement No. 2024-0002, A Development Agreement Between the City of Rialto and IV5 Locust Gateway Logistics Center LLC to Memorialize Certain Benefits and Terms Related to the Development of a 664,859 Square Foot Industrial Warehouse Building on the Site.

PRESENTATION
(ACTION)
Sponsors:

Indexes:

Code sections:

Attachments: 1. Exhibit A - Draft Resolution for EAR No. 2023-0051, 2. 26-0006 - Presentation, 3. Exhibit B - Draft Resolution for TPM No. 2023-0006, 4. Exhibit C - Draft Resolution for CDP No. 2023-0032, 5. Exhibit D - Draft Resolution for PPD No. 2023-0041, 6. Exhibit E - Draft Ordinance for DA No. 2024-0002, 7.

Exhibit F - Location Map, 8. Exhibit G - Site Plan, 9. Exhibit H - Floor Plan, 10. Exhibit I - Exterior Elevations, 11. Exhibit K - Transportation Impact Study, 12. Exhibit J - Concept Landscape Plan, 13.

Exhibit M - EDC Minutes September 18, 2025, 14. Exhibit L - Tentative Parcel Map No. 20809, 15.

Exhibit O - Final Environmental Impact Report, 16. Exhibit N - Draft Environmental Impact Report, 17.

Exhibit P - Planning Commission Resolutions
Date Ver. Action By Action Result
For City Council Meeting January 27, 2026
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Christina Taylor, Community Development Director
Request City Council Conduct a Public Hearing to Consider Adoption of: (1) Resolution No. 8455 Approving an Environmental Impact Report (Environmental Assessment Review No. 2023-0051 / State Clearinghouse No. 2024061274), Prepared for the Development and Operation of a 664,859 City of Rialto Page 1 of 9 Printed on 5/7/2026
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File #: 26-0006, Version: 1
State Clearinghouse No. 2024061274), Prepared for the Development and Operation of a 664,859 Square Foot Industrial Warehouse Building on 38.89 Gross Acres (38.78 Net Acres) of Land (APN:
0239-192-23) Located at the Southwest Corner of Locust Avenue and Lowell Street within the General Manufacturing (I-GM) Land Use District of the Rialto Airport Specific Plan (“Site”), in Accordance with the California Environmental Quality Act (CEQA); (2) Resolution No. 8456 Approving Tentative Parcel Map No. 2023-0006 (TPM 20809), a Request to Provide Right-of-Way Dedications and to Resolve Underlying Past Recordings and Instruments Related to One (1) 38.89 Gross Acre (38.78 Net Acre) Parcel of Land (APN: 0239-192-23) on the Site; (3) Resolution No. 8457 Approving Conditional Development Permit No. 2023-0032, A Request to Allow the Development and Operation of a 664,859 Square Foot Industrial Warehouse Building on the Site; (4) Resolution No. 8458 Approving Precise Plan of Design No. 2023-0041, A Request to Allow the Development of a 664,859 Square Foot Industrial Warehouse Building on the Site; and (5) Ordinance No. 1708 Approving Development Agreement No. 2024-0002, A Development Agreement Between the City of Rialto and IV5 Locust Gateway Logistics Center LLC to Memorialize Certain Benefits and Terms Related to the Development of a 664,859 Square Foot Industrial Warehouse Building on the Site.

PRESENTATION
(ACTION)

RECOMMENDATION
The Planning Division of the Community Development Department recommends the City Council:
1) Conduct a Public Hearing; and
2) Adopt the attached Resolution (Exhibit A) certifying the Final Environmental Impact Report (Environmental Assessment Review No. 2023-0051 / State Clearinghouse No. 2024061274) prepared for the project, adopting a Statement of Overriding Considerations, and authorizing staff to file a Notice of Determination with the Clerk of the Board of San Bernardino County; and
3) Adopt the attached Resolution (Exhibit B) approving Tentative Parcel Map No. 2023-0006, based upon the findings and subject to the conditions therein; and 4) Adopt the attached Resolution (Exhibit C) approving Conditional Development Permit No. 2023-0032, based upon the findings and subject to the conditions therein; and 5) Adopt the attached Resolution (Exhibit D) approving Precise Plan of Design No. 2023-0041, based upon the findings and subject to the conditions therein; and 6) Introduce the First Reading of an Ordinance (Exhibit E) approving a Development Agreement between the City of Rialto and IV5 Locust Gateway Logistics Center LLC (Development Agreement No. 2024-0002).

APPLICANT:

IV5 Locust Gateway Logistics Center LLC, 333 S. Grand Avenue, Suite 300, Los Angeles, CA 90071.

LOCATION:

The project site consists of one (1) parcel of land (APN: 0239-192-23) located at the southwest corner of Locust Avenue and Lowell Street (Refer to the attached Location Map (Exhibit F)).

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File #: 26-0006, Version: 1
BACKGROUND:

Surrounding General Plan Land Use Designations
Surrounding Zoning/Specific Plan Land Use Designations
Site Characteristics
The project site is a relatively flat, “L” shaped piece of land comprised of one (1) parcel approximately

38.89 gross acres in size with approximate maximum dimensions of 2,000 feet (north-south) and 1,925 feet (east-west). The project site is bound on the north by an existing segment of Lowell Street and on the east by an existing segment of Locust Avenue, which is a designated truck route. The property is entirely vacant and covered by only natural grasses and shrubs.

Surrounding Area
To the north of the project site, across Lowell Street, are several existing industrial developments, and to the east, across Locust Avenue, is approximately 4.75 acres of vacant land. To the south are several existing industrial developments, and to the west is a concrete mix manufacturing facility operated by Robertson’s Ready Mix.

ANALYSIS/DISCUSSION:

Project Proposal
IV5 Locust Gateway Logistics Center LLC, the applicant, proposes to construct a 664,859 square foot industrial warehouse building and install associated paving, landscaping, fencing, lighting, and drainage improvements on the project site. There is no proposed tenant for the new building at this time, but the design of the building will accommodate various storage and distribution uses.

Entitlement Requirements
The following entitlements are required for the applicant’s proposal:
· Conditional Development Permit: The development and operation of an industrial warehouse use within the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan City of Rialto Page 3 of 9 Printed on 5/7/2026
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requires the approval of a Conditional Development Permit. · Precise Plan of Design: The design of the development and the related site improvements (e.g., building exterior, landscaping, etc.) requires the approval of a Precise Plan of Design.

Site Design
As shown on the plan (Exhibit G), the applicant proposes to construct a 664,859 square foot industrial warehouse building on the west end of the project site. The proposed layout includes one (1) enclosed truck court on the east side of the building and another enclosed truck court on the northeast end of the project site along the frontage of both Locust Avenue and Lowell Street. The layout also includes passenger vehicle parking areas along the north, south, and west sides of the building. The truck courts will accommodate a maximum of 480 trucks and trailers, while the passenger vehicle parking areas will provide for the parking of up to 365 passenger vehicles.

Additional on-site improvements include paving, lighting, landscape planters throughout the site, screen walls around the truck court, and an underground infiltration basin for runoff water quality treatment and retention. Off-site improvements along the frontages of Locust Avenue and Lowell Street will include new curb, gutter, sidewalk, street paving, and the undergrounding of overhead utilities.

Access
Five (5) new driveways will provide access to the site. Three (3) driveways are proposed to be connected to Lowell Street - a forty (40) foot wide driveway on the west end of the Lowell Street frontage will provide left-in/right-out access for passenger vehicles only, a second forty (40) foot wide driveway in the middle of the Lowell Street frontage will provide left-in/right-out access for trucks and passenger vehicles, and a third forty (40) foot wide driveway on the east end of the Lowell Street frontage will provide left-in/right-out access for trucks only. One (1) forty (40) foot wide driveway connected to Locust Street will provide right-out exit access only for trucks, and one (1) forty-two (42) foot wide driveway connected to a private road adjacent to the west side of the project site will provide full access for emergency vehicles only.

Floor Plan
The floor plan for the proposed building (Exhibit H) indicates that the building will consist of 657,146 square feet of warehouse space and 7,713 square feet of office space. The office space will potentially occupy any of the four (4) corners of the building, with 4,112 square feet on the ground floor and an additional 3,601 square feet on a second-floor mezzanine. The east side of the building will have up to 82 dock high loading doors and two (2) grade level roll-up doors.

Architectural Design
The proposed building will feature significant vertical and horizontal wall plane articulation in the form of recessed wall panels, projected wall panels, and panel height variations on all four (4) sides of the building. As shown on the elevations (Exhibit I), the height of the building will range from 42.5 feet to 50 feet from the finished floor level. The exterior of the building will be of concrete tilt-up wall construction painted with a palette of five (5) different colors - three (3) white and gray tones and two (2) blue accents. Additional architectural features of the building include marmorio stone accents, composite wood siding, wall panel reveals, metal eyebrow accents, and glazing.

Parking
The development will have 365 passenger vehicle parking spaces, including twelve (12) ADA accessible parking spaces. This quantity exceeds the minimum parking requirement as shown in the City of Rialto Page 4 of 9 Printed on 5/7/2026
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accessible parking spaces. This quantity exceeds the minimum parking requirement as shown in the parking calculation chart below and as required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code:

Landscaping
The landscape coverage for the project is 9.5 percent. This includes twenty (20) foot wide landscape setbacks along the frontages of both Locust Avenue and Lowell Street, ten (10) foot wide planters around the perimeter of the building and the project site, and planter fingers and diamonds throughout the passenger vehicle parking areas. All the landscape planters will feature a variety of trees spaced every thirty (30) linear feet and an abundant number of shrubs and groundcover ( Exhibit J).

Traffic
Kimley-Horn and Associates, Inc. prepared a Transportation Impact Study (TIS), dated June 2024, to assess the project’s potential impact on local streets and intersections (Exhibit K). The TIS estimates that the project will generate approximately 1,138 daily vehicle trips (1,908 PCE daily vehicle trips) with 113 trips in the AM peak hour and 120 trips in the PM peak hour. Trucks will constitute a maximum of 455 of the 1,138 new daily vehicle trips.

The TIS analyzed the following 12 intersections in the project vicinity:

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Three (3) of the intersections were identified to have infrastructure deficiencies that would result in an unacceptable level of service and/or queuing issues under existing conditions, combined with ambient growth, project-generated traffic, and cumulative growth without any mitigation. The specific intersections are (1) Locust Avenue & Casa Grande Drive, (2) Locust Avenue & Lowell Street, and (3) Locust Avenue & Casmalia Street. The TIS recommends various improvements to mitigate potential traffic impacts to these intersections. The recommended improvements to mitigate the traffic impacts consist of the installation of a new traffic signal at the intersection of Locust Avenue & Casa Grande Drive, modifying the median on Casmalia Street to extend the eastbound left-turn pocket to 250 feet at the intersection of Locust Avenue & Casmalia Street, the restriping of Lowell Street to create dedicated left-turn and right-turn lanes at the intersection of Locust Avenue & Lowell Street, and the addition of a northbound left-turn lane on Locust Avenue at the intersection of Locust Avenue & Lowell Street.

The City’s Traffic Impact Analysis Guidelines and Requirements and the project TIS conclude that the payment of “fair share” fees constitutes adequate mitigation to address the infrastructure deficiencies.

The applicant will be responsible for fair share payments in the amount of $364,699. The fair share fees are calculated based upon the project’s anticipated portion of traffic generated at each of the affected intersections. Specifically, the applicant is responsible for 30.8% of the cost of the traffic signal at Locust Avenue & Casa Grande Drive, 28.2% of the cost of the median modification at Locust Avenue & Casmalia Street, and 100% of the cost of the striping improvements at the Locust Avenue & Lowell Street intersection.

Parcel Map
The project site currently consists of one (1) parcel of land, which is sufficient to accommodate the project. However, the parcel that makes up the project site was created under a compilation of City of Rialto Page 6 of 9 Printed on 5/7/2026
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project. However, the parcel that makes up the project site was created under a compilation of several past recordings that are reflected in the legal description. Furthermore, additional public right -of-way dedication is needed along the Locust Avenue frontage to comply with the Circulation Element of the Rialto General Plan. Subsequently, the applicant submitted a tentative parcel map ( Exhibit L) to provide the necessary public right-of-way dedication and to resolve the underlying past recordings within the legal description. The right-of-way dedication along the frontage of Locust Avenue will reduce the size of the project site from 38.89 gross acres to 38.78 net acres. The size of the final parcel greatly exceeds the minimum parcel size of 0.50 acres required by Table 9 (Development Standards Non-Residential Designations) of the Rialto Airport Specific Plan.

Development Agreement
In conjunction with the project, the applicant proposes to enter into a Development Agreement with the City of Rialto to memorialize certain benefits and terms related to the project. Mainly, as part of the Development Agreement, the applicant proposes to contribute $4,000,000 to the City prior to the issuance of a Certificate of Occupancy. The use of the funds will be at the discretion of the City Council. In exchange, the Development Agreement will vest the project for five (5) years, with a possible five (5) year extension, and lock in the Development Impact Fee rates for the project at the current Fiscal Year 2025/2026 rates.

Previous projects with similar development agreements have allocated funding to parks, public safety and transportation/infrastructure projects. In this geographic area, there is a funding need for traffic (roadway) improvements and public safety.

Economic Development Committee
The Economic Development Committee (EDC) reviewed the project on September 18, 2025. At its meeting, the EDC discussed the project and the Development Agreement, and recommended staff and the applicant continue working together to proceed forward with the project and the required public hearings. The minutes from the September 18, 2025, EDC meeting are attached as Exhibit M.

Land Use Compatibility
The project is consistent with the I-GM land use district, the Rialto Airport Specific Plan, the regulations contained within Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code, and the industrial uses surrounding the project site. Additionally, the Draft Resolutions contain conditions of approval requiring that the project not exceed the traffic estimates contained within the TIS, thereby ensuring that the project will not significantly impact local streets and intersections. The project will be compatible with the existing uses in the surrounding area and an improvement to the site.

ENVIRONMENTAL IMPACT:

Greenhouse Gas Emissions
As indicated by Table 4.7-3 (Project Greenhouse Gas Emissions) of the Locust Gateway Development Project Draft Environmental Impact Report prepared by Kimley Horn and Associates, Inc. for the project, the project will potentially generate Greenhouse Gas (GHG) emissions up to approximately 10,172 MTCO2e/yr (Metric Tons of Carbon Dioxide Equivalent Per Year). The threshold set by SCAQMD for all new development projects is 3,000 MTCO2e/yr. The project's GHG emissions will exceed the threshold established by SCAQMD.

Up to 93% of the project’s GHG emissions will be generated by mobile sources (vehicle traffic).

There are no feasible mitigation measures that can substantively or materially reduce the project’s mobile source GHG emissions below the SCAQMD established threshold under current industry City of Rialto Page 7 of 9 Printed on 5/7/2026
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File #: 26-0006, Version: 1
mobile source GHG emissions below the SCAQMD established threshold under current industry conditions. As such, the impact of the project’s GHG emissions is considered significant and unavoidable, resulting in the need to prepare an Environmental Impact Report (“EIR”) for the project.

California Environmental Quality Act
The applicant engaged Kimley-Horn and Associates, Inc. to prepare an EIR (Environmental Assessment Review No. 2023-0051) for the project in accordance with the requirements of the California Environmental Quality Act (CEQA). The City of Rialto subsequently engaged EcoTierra Consulting to conduct a peer review of the Environmental Impact Report and all of the related environmental documents. A Notice of Preparation (NOP) was distributed to the State Clearinghouse, as well as agencies, organizations, and persons considered likely to be interested in the project and the potential impacts. The NOP comment period occurred from June 27, 2024, to July 26, 2024. Two (2) comment letters were received during the comment period. The commenters included the Native American Heritage Commission and the California Department of Fish and Wildlife. Each of the comments received was subsequently addressed in the preparation of the Draft Environmental Impact Report (DEIR). The completed DEIR concluded that the project would create unavoidable significant impacts to greenhouse gas emissions.

A Notice of Availability (NOA) and the DEIR were distributed and circulated for public review from September 5, 2025, to October 20, 2025. Eight (8) comment letters were received during the comment period. The commenters included the Western States Regional Council of Carpenters, United Association Local 364 Plumbers & Pipefitters, Reinforcing Ironworkers Local 416, Ironworkers Local 433, Blum Collins & Ho, LLP on behalf of the Golden State Environmental Justice Alliance (GSEJA), Californians Allied for a Responsible Economy (CARE CA), the Center for Community Action and Environmental Justice (CCAEJ), and from Advocates for the Environment. Kimley-Horn and Associates, Inc. prepared responses to comments received. The responses to comments and the final Mitigation Monitoring & Reporting Program (MMRP) were input into the Final Environmental Impact Report (FEIR). Planning staff determined that the Environmental Impact Report prepared for the project appropriately satisfies the requirements of CEQA. The DEIR and FEIR are attached to the agenda report (Exhibits N & O).

GENERAL PLAN CONSISTENCY:

The General Plan land use designation of the site is General Industrial with a Specific Plan Overlay.

This designation requires the underlying Specific Plan to establish distinct land use designations within the Specific Plan itself. Exhibit 3 (Land Use Plan) of the Rialto Airport Specific Plan indicates that the land use designation for the project site is General Manufacturing (I-GM). According to Section 3.3.4 of the Rialto Airport Specific Plan, the I-GM designation is intended to facilitate the most intensive industrial uses within the Specific Plan area, including warehousing, manufacturing, and multi-tenant spaces. As a result, the project is consistent with the I-GM designation. Furthermore, the project is consistent with the following goals of the Land Use Element and Economic Development Element of the Rialto General Plan:

Goal 2-16: Improve the architectural and design quality of development in Rialto.

Goal 2-22: Promote commercial and/or industrial development that is well designed, peopleoriented, environmentally sustainable, sensitive to the needs of the visitor or resident, and functionally efficient for its purpose.

Goal 3-1: Strengthen and diversify the economic base and employment opportunities, and maintain City of Rialto Page 8 of 9 Printed on 5/7/2026
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a positive business climate.

PLANNING COMMISSION ACTION
On December 17, 2025, the Planning Commission opened the public hearing and discussed the Project during a regularly scheduled public meeting. After further discussion, the Planning Commission closed the public hearing and voted 7-0 to adopt Resolutions recommending that the City Council approve the project. Copies of the Planning Commission Resolutions are attached as Exhibit P.

LEGAL REVIEW
The City Attorney has reviewed the staff report and approved the attached resolutions and ordinance as to form.

FINANCIAL IMPACT
Operating Budget Impact
Development of the project will generate annual recurring revenues to the General Fund in the form of increased property taxes, business license taxes, and utility taxes.

Capital Improvement Budget Impact
No City funds will be used to construct the project. The applicant will bear the full capital cost of construction of the project and the required infrastructure improvements. Additionally, prior to the issuance of a building permit and//or certificate of occupancy, the applicant will pay plan check, permit, development impact fees, and traffic “fair-share” fees to the City.

Business License
Prior to any construction, the applicant will submit a contractor's list to the Business License Division, and each contractor listed will obtain a business license. Subsequently, the owner and tenant(s) will need to obtain separate business licenses for the leasing and use of the building.

PUBLIC NOTICE:

The City published a public hearing notice for the proposed project in the San Bernardino Sun newspaper, posted copies of the public hearing notice outside the City of Rialto Council Chambers and the City Clerk’s Office, and mailed public hearing notices to all property owners within 1,000 feet of the project site, as required by State law.

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Contact USA Dial 811 or 800-422-4133 UNDERGROUND SERVICE ALERT www.digalert.org/contact ····· ··· Docusign Envelope ID: 7770CBBE-5B23-42E6-8751-28ACB400435E 214
Cl ean wa t e r s t a r t s h e r e
® Docusign Envelope ID: 7770CBBE-5B23-42E6-8751-28ACB400435E 215

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
3 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ NONE (VALUE
AND CONSIDERATION LESS THAN $100.00)

DISTRICT

FOOTHILL

WORK ORDER
802505861
SERIAL NO.
73872A

MAP SIZE
056-100

AFFECTS SCE

DOCUMENTS
__________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM:236-2178-1
APN: 0239-192-23
APPROVED:

REAL PROPERTIES
BY
SF
DATE
08/26/2026
126991
422554

JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of _________________, 20___, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF RIALTO, a California municipal corporation of the State of California, hereinafter called "City",
W I T N E S S E T H:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

Those certain Grant of Easements, recorded August 6, 1952, as Instrument No. 244, Book 2998, Page 63 and recorded September 29, 1989, as Instrument No. 89-364421, both of Official Records of San Bernardino County, hereinafter referred to as "Company's Easement"; and WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Locust Avenue, in said City, County of San Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and
WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "Area in Joint Use Agreement" on said print marked "Exhibit A".

Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new 216

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Affects SCE Document(s): 126991 & 422554
-2-
location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

After notice and approval by the City, Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or 217

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Affects SCE Document(s): 126991 & 422554
-3-
maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation
By: __________________________________
Christina Nuanez
Real Estate & Facilities Advisor
Land Management – Metro West Region
Real Properties
CITY OF RIALTO, a municipal corporation
By:

Approved As to Form Name:

Title:

By: ________________________________
Name: _____________________________ Attest:

Title: ______________________________ Name:

Title:
218

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Affects SCE Document(s): 126991 & 422554
-4-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
219

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Affects SCE Document(s): 126991 & 422554
-5-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
220
EXHIBIT “A”

LEGAL DESCRIPTION
SERIAL NO. 73872A
PAGE 1 OF 2
WO# 802505861 – NOT# 204458621

JOINT USE AGREEMENT AREA
BEING A PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS:

STRIP NO. 1
A 6.00-FOOT-WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE INTERSECTION OF LOCUST AVENUE AND LOWELL STREET, AS SHOWN ON PARCEL MAP NO. 7173, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER A MAP FILED IN BOOK 77, PAGES 64 THROUGH 68, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID LOWELL STREET, SOUTH 89°40’01” WEST ( SOUTH 89°10’30” WEST PER SAID MAP) 30.38 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 00°41’59” EAST 120.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING, SOUTH 00°41’59” EAST 296.36 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT “A”, BEING A POINT OF ENDING.

STRIP NO. 2
A 15.00-FOOT-WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE HEREINBEFEORE MENTIONED POINT “A”; THENCE NORTH 89°29’37” EAST

3.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°30’23” EAST 60.00 FEET TO A POINT OF ENDING.
221
SERIAL NO. 73872A
PAGE 2 OF 2
WO# 802505861 – NOT# 204458621
THE ABOVE-DESCRIBED AREA CONTAINS 2,678 SQUARE FEET (0.061 ACRES), MORE OR LESS.

ALL AS SHOWN ON THE ATTACHED EXHIBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

PREPARED BY ME OR UNDER MY DIRECTION
ON MAY 22, 2026.

PETER E. WEILBACHER, PLS 8403
222
223
224
225
City of Rialto
Legislation Text
File #: 26-0585, Version: 1, Agenda #: F.4
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Mark P. Kling, Chief of Police
Request City Council to (1) Approve the California Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant Agreement No. MC27010 in the Amount of $19,500; (2) Adopt Resolution No. 8576 Amending the 2026-2027 Fiscal Year Budget; and (3) Authorize the City Manager or Their Designee to Execute All Related Documents.

RECOMMENDATION
Staff recommends that the City Council:
1) Approve the California Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant Agreement in the amount of $19,500;
2) Adopt Resolution No. 8576 Amending the 2026-2027 Fiscal Year Budget; and 3) Authorize the City Manager or Their Designee to Execute All Related Documents.

BACKGROUND
The California Office of Traffic Safety (OTS) has awarded the City of Rialto Police Department $19,500 through the Motorcyclist Safety Education and Training Program, Grant Agreement No.

MC27010, for the grant period of October 1, 2026, through September 30, 2027.

The Rialto Police Department has historically addressed motorcycle safety through proactive traffic enforcement and community education initiatives, including the Ride to Live motorcycle safety program. Ride to Live provides free motorcycle safety education and hands-on training to members of the public. The 2026-2027 grant will allow the Department to continue motorcycle safety training, outreach, and public awareness efforts.

ANALYSIS/DISCUSSION
Motorcycle safety remains a serious traffic safety concern in Rialto. The grant agreement states that in 2024, the Rialto Police Department investigated motorcycle-involved traffic crashes resulting in two fatalities and 24 injury crashes. It also cites OTS 2023 crash rankings showing 14 motorcycle victims killed or injured in Rialto. These incidents demonstrate the continued vulnerability of motorcyclists and the need for sustained rider education and public awareness.

The Motorcyclist Safety Education and Training Program Grant allocates funding for the following City of Rialto Page 1 of 3 Printed on 9/17/2026
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activities:
• Three free-to-the-public motorcyclist safety and training courses during the grant year • Department website and social media updates promoting motorcycle safety and safe riding • Advanced motorcycle training for law enforcement personnel • Participation in Motorcycle Safety Month in May
• A motorcyclist safety and road-sharing presentation at an appropriate venue or community event • Motorcycle training supplies and approved in-state travel supporting grant goals and objectives The grant budget provides funding for overtime associated with motorcyclist training instruction and a motorcyclist safety presentation, related benefits, approved in-state travel, and motorcycle training supplies. The Department will use these resources to continue and expand community access to motorcycle safety education through the Ride to Live program. If accepted, eligible grant-related costs incurred during the grant operational period will be reimbursed in accordance with the OTS Grant Agreement and applicable grant requirements.

ENVIRONMENTAL IMPACT
The proposal is not a “Project” as defined by the California Environmental Quality Act (CEQA).

Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
The City of Rialto’s General Plan has outlined guiding principles and goals relating to public safety.

This action is consistent with the City of Rialto’s General Plan Guiding Principle 1, “Rialto is a Family First Community.”
Our neighborhoods will be a safe place to call home.

Approval of this action is also consistent with the City of Rialto General Plan Goal and Policies:

Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.

Policy 5-8.4: Initiate proactive crime suppression and prevention strategies throughout the community.

LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.

FINANCIAL IMPACTS
Operating Budget Impact
The California Office of Traffic Safety has awarded the City of Rialto Police Department $19,500 for the 2026-2027 Motorcyclist Safety Education and Training Program. Accepting the grant will increase revenues in the amount of $19,500 in the OTS Motorcyclist Safety Education and Training Program City of Rialto Page 2 of 3 Printed on 9/17/2026
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File #: 26-0585, Version: 1, Agenda #: F.4
revenues in the amount of $19,500 in the OTS Motorcyclist Safety Education and Training Program Grant Revenue Account No. 22216996-47551-27RTL-08. The additional revenue will offset increased expenditures of the same amount appropriated in the amount of $17,000 in Account No. 22216996- 51020-27RTL-10, $247 in Account No. 22216996-51050-27RTL-50, $1,753 in Account No. 22216996 -52022-27RTL-12, and $500 in Account No. 22216996-52021-27RTL-42 for grant expenditures such as overtime, benefits, supplies and equipment utilized by this grant.

Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.

Licensing
This action does not require a business license.

ATTACHMENTS

1. OTS Motorcyclist Safety Education and Training Program-Grant Agreement

2. Budget Resolution
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8/12/2026 3:37:03 PM Page 1 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
MC27010

1. GRANT TITLE
Motorcyclist Safety Education and Training Program

2. NAME OF AGENCY 3. Grant Period
Rialto From:

To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Rialto Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving motorcycles. The funded strategies may include hands-on motorcyclist safety courses, motorcyclist helmet usage training, classroom education, community outreach and public awareness campaigns, educational presentations, and workshops. These countermeasures should be conducted in communities with a high number of motorcycle related crashes.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $19,500.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.

Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed. 229
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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Justin Breen
Sergeant
[email protected]
(909) 747-4529
150 S. Palm Avenue
Rialto, CA 92376
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mark Adams
Captain
[email protected]
(909) 820-8066
150 S. Palm Avenue
Rialto, CA 92376
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Lamont Quarker
Captain
[email protected]
(909) 820-2634
150 S. Palm Avenue
Rialto, CA 92376
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

KLSFVZSZLHV6
128 N Willow Ave
Rialto
92376-5830
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405f MC-27 20.616 0521-0890-101 2026 19/26 BA/26 $19,500.00

AGREEMENT
TOTAL $19,500.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$19,500.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $19,500.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
MC27010

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

This grant will impact the City of Rialto, located in San Bernardino County in the Inland Empire region of Southern California. According to the 2020 U.S. Census, Rialto has a population of 104,026 residents and continues to experience steady growth due to new residential developments, expanding commercial and industrial centers, and its proximity to major regional transportation corridors.

Rialto is situated near two of the most heavily traveled interstate highways in California, Interstate 10 and Interstate 15, which serve as critical regional and interstate travel routes. These corridors contribute to high traffic volumes within the city, including commuter traffic, commercial vehicle traffic, and recreational travel.

As a result, Rialto’s roadway network supports a diverse mix of road users, including passenger vehicles, commercial trucks, bicyclists, and motorcyclists.

Motorcycle use is common throughout the Inland Empire for commuting, recreation, and regional travel, supported by generally favorable year-round weather conditions. While city-level motorcycle registration data is not publicly available, San Bernardino County, which includes the City of Rialto, had an estimated 44,803 registered motorcycles according to the most recent California Department of Motor Vehicles countylevel registration data. Although this figure represents countywide registrations, it provides important context regarding the prevalence of motorcycle ownership and rider exposure within the region.

As traffic volumes continue to increase alongside ongoing development, motorcyclists remain a particularly vulnerable group due to limited physical protection and increased injury severity when crashes occur.

Rialto’s arterial roadways, many of which serve as connectors to neighboring cities and regional employment centers, experience higher speeds and traffic densities that elevate risk for motorcyclists.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Motorcycle safety remains a persistent and serious traffic safety concern within the City of Rialto despite ongoing enforcement and education efforts. In 2024, the Rialto Police Department investigated traffic crashes involving motorcyclists that resulted in two fatalities and 24 injury crashes. Two weeks into calendar year 2025, These incidents highlight the continued vulnerability of motorcyclists and the severe consequences that often accompany motorcycle-involved crashes.

According to the California Office of Traffic Safety (OTS) 2023 crash ranking results, the City of Rialto recorded 14 motorcycle victims killed or injured in traffic crashes, ranking 58 out of 62 Group B cities. While this ranking reflects relatively lower totals compared to peer jurisdictions, the occurrence of fatal and injury crashes each year demonstrates that motorcycle safety remains a critical issue. Even a single motorcycle fatality has a profound impact on families, first responders, and the community.

These crash outcomes occur in a region with substantial motorcycle exposure. San Bernardino County, which includes the City of Rialto, had an estimated 44,803 registered motorcycles based on the most recent California Department of Motor Vehicles county-level registration data. Although city-specific motorcycle registration counts are not publicly available, county-level data provides important context regarding the prevalence of motorcycle travel and rider exposure throughout the region.

Rialto’s roadway network includes major arterial roadways and high-volume corridors connecting to regional transportation routes, including Interstate 10 and Interstate 15. These corridors experience high traffic volumes and a mix of vehicle types, including passenger vehicles, commercial trucks, and motorcycles.

Factors such as speed, driver inattention, limited visibility, and improper riding behaviors contribute to elevated crash risk for motorcyclists, who are disproportionately represented in severe and fatal traffic crashes due to their limited physical protection.
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The Rialto Police Department has historically addressed motorcycle safety through proactive traffic enforcement and community education initiatives, including the Ride to Live motorcycle safety program.

Recognizing the need to expand the program’s impact, the Traffic Bureau has recently revamped its outreach and advertising efforts to increase community awareness and participation. As part of this effort, the department has established a goal to double the number of Ride to Live program attendees during the 2025–2026 grant cycle compared to the 2024–2025 cycle. Continued grant funding is critical to support these expanded outreach efforts and to reach a broader segment of the riding community.

Despite proactive enforcement and enhanced education initiatives, motorcycle fatalities and serious injuries continue to occur annually in Rialto. These trends demonstrate the need for sustained and data-driven enforcement combined with expanded education, training, and public awareness efforts aimed at both motorcyclists and other roadway users.

This grant funding will enable the Rialto Police Department to build upon existing enforcement and education strategies, expand motorcycle safety outreach, and implement targeted interventions designed to reduce motorcycle-related injuries and fatalities within the community.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The primary target population for this grant is motorcycle riders operating within the City of Rialto, as well as motor vehicle drivers who share the roadway with motorcyclists. Motorcyclists are a particularly vulnerable road user group due to their limited physical protection and the increased likelihood of serious injury or death when involved in traffic crashes. Recent crash data demonstrates that motorcycle-involved crashes in Rialto continue to result in fatalities and serious injuries, directly impacting riders, their families, and the community.

A secondary target population includes at-risk motorcyclists, such as younger riders, newly licensed or inexperienced riders, and riders who may not have received continuing motorcycle safety training. These individuals may lack the skills, experience, or situational awareness necessary to safely navigate high-speed or high-volume roadways. This grant will support targeted education and training opportunities, including expanded participation in the Ride to Live motorcycle safety program, to improve rider proficiency, decisionmaking, and risk management.

The grant will also serve non-motorcyclist drivers, as driver inattention, failure to yield, and limited awareness of motorcycles are common contributing factors in motorcycle-involved crashes. Enforcement and public education efforts supported by this grant will reinforce safe driving behaviors and promote greater awareness of motorcyclists as vulnerable roadway users.

Consistent with the California Office of Traffic Safety’s emphasis on equitable access to traffic safety programs, this grant will prioritize providing free motorcycle safety training to the community. The City of Rialto includes populations that may face economic barriers to participating in fee-based rider education or advanced safety courses. By removing cost as a barrier, this program ensures that motorcycle safety education is accessible to riders regardless of income level, promoting fairness and inclusion in traffic safety efforts.

This approach supports OTS equity principles by expanding access to evidence-based safety interventions for populations that may be disproportionately impacted by traffic injuries and fatalities. Free training opportunities help ensure that riders who may otherwise forgo formal instruction due to financial constraints can still receive critical safety education that reduces risk and improves outcomes.

Additional at-risk populations include commuters and recreational riders traveling through Rialto as part of broader regional travel within the Inland Empire. These riders often operate on high-speed arterials and heavily traveled corridors where crash severity is increased. By addressing rider behavior, driver awareness, and enforcement simultaneously, the grant will benefit both residents and non-resident roadway users.

Through a comprehensive strategy focused on education, enforcement, and community engagement, this grant will serve vulnerable and at-risk populations while advancing OTS goals of reducing traffic-related injuries and fatalities through equitable and accessible safety programs. 233
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2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of motorcyclists killed in traffic crashes.

4. Reduce the number of motorcyclists injured in traffic crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Conduct free to the public motorcyclist safety and training courses throughout the grant year.
3 3. Update and maintain Department website and/or Social Media platforms to further promote motorcyclist safety to the public and to promote educational goals of safe motorcycle riding.
4 4. Send law enforcement personnel to advanced motorcycle training. 1

5. Participate in Motorcycle Safety Month in May. 1

6. Conduct motorcyclist safety and road sharing presentations at appropriate venues or community events.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 or more (including tax and shipping) must comply with the Buy America Act.

Media Requirements
• Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
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• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. 235
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• Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
MC27010

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405f MC-27 20.616 Motorcyclist Safety Grants $19,500.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
Motorcyclist Training Instruction 405f MC27$5,000.00 3 $15,000.00 Motorcyclist Safety Presentation 405f MC27$2,000.00 1 $2,000.00 Benefits- 405fOT @ 1.45% 405f MC27$17,000.00 1 $247.00 Category Sub-Total $17,247.00
B. TRAVEL EXPENSES
In State Travel 405f MC27$1,753.00 1 $1,753.00
$0.00
Category Sub-Total $1,753.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Motorcycle Training Supplies 405f MC27$500.00 1 $500.00 Category Sub-Total $500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $19,500.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
MC27010

BUDGET NARRATIVE

PERSONNEL COSTS
Motorcyclist Training Instruction - Overtime for grant funded Motorcyclist safety education classes conducted by appropriate department personnel.

Motorcyclist Safety Presentation - Overtime for grant funded traffic safety education at fairs and/or community events conducted by appropriate department personnel.

Benefits- 405fOT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Summit – November 2026 – San Diego, CA, OTS Traffic Safety Law Enforcement Forum, and GHSA Annual Meeting – August 2027 – Anaheim, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. In State Travel

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
Motorcycle Training Supplies - Costs to include cones, delineators, and barriers. Additional items may be purchased with OTS approval.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 238
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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
MC27010
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 240
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 241
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 242
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 243
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 244
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 246
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RESOLUTION NO. 8576

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, AMENDING THE 2026-2027 FISCAL
YEAR BUDGET AND ACCEPTING FUNDING FROM 2026-2027

CALIFORNIA OFFICE OF TRAFFIC SAFETY MOTORCYCLE
SAFETY EDUCATION AND TRAINING GRANT PROGRAM.

WHEREAS, the budget for fiscal year 2026-2027 of the City of Rialto has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between departments and within their respective funds, as long as those appropriations do not exceed their fund total unless approved by Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: Authorize an increase in estimated revenues in the Office of Traffic Safety Grant Fund, Account No. 22216996-47551- 27RTL-08 in the amount of $19,500 for the Office of Traffic Safety – Motorcyclist Safety Education and Training Program Grant.

Section 2: Approve an appropriation in the Office of Traffic Safety Grant Fund in the following expenditure accounts:

Account No. 22216996 -51020-27RTL-10 in the amount of $17,000; Account No. 22216996 -51050-27RTL-50 in the amount of $247; Account No. 22216996 -52021-27RTL-42 in the amount of $500; and Account No. 22216996 -52022-27RTL-12 in the amount of $1,753. \
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PASSED APPROVED AND ADOPTED this _____ day of ____________, 2026. _______________________________
Joe Baca, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2026.

Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2026.
____________________________________
BARBARA McGEE, CITY CLERK
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City of Rialto
Legislation Text
File #: 26-0586, Version: 1, Agenda #: F.5
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Mark P. Kling, Chief of Police
Request City Council to: (1) Approve Amendment No. 1 to Consulting Agreement #2024-2000 with National Public Safety Group, LLC, a North Carolina Limited Liability Company, for Continued Project Management Services Related to the Police Department’s Public Safety Software Implementation for a 12-month Term in the Amount of $120,000; (2) Authorize the City Manager or Designee to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and (3) Authorize the City Manager or Their Designee to Execute All Documents Including Any Changes or Increases in Service.

RECOMMENDATION
Staff recommends that the City Council:
1) Approve Amendment No. 1 to Consulting Agreement #2024-2000 with National Public Safety Group, LLC, a North Carolina Limited Liability Company, for continued project management services related to the Police Department’s public safety software implementation for a 12- month term in the amount of $120,000;
2) Authorize the City Manager or their designee to execute future annual purchase order increases not to exceed $100,000; and
3) Authorize the City Manager or their designee to execute all documents including any changes or increases in service.

BACKGROUND
The Police Department has been working to modernize its public safety software systems, including Computer Aided Dispatch (CAD), Records Management System (RMS), mobile data, and related integrations. These enterprise-level systems are complex, affect the Department’s day-to-day operations, and require coordination with sensitive law enforcement systems and state and federal reporting requirements.

On September 28, 2021, the City Council approved a service agreement with National Public Safety Group (NPSG) to provide specialized public safety software consulting and project management services. National Public Safety Group (NPSG) has assisted the Department throughout the CAD/RMS modernization effort, including vendor evaluation, procurement, implementation planning, system integrations, and project oversight.

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Following difficulties with the Department’s prior CAD/RMS vendor, the City discontinued that relationship in December 2023 and moved forward with an alternative solution, CentralSquare Enterprise. NPSG continued to provide consulting services through the vendor selection and implementation process. On August 13, 2024, the City Council approved a service agreement with NPSG in the amount of $240,000 to continue project management services through September of 2026.

ANALYSIS/DISCUSSION
The CAD/RMS implementation remains an active and highly technical project requiring continued coordination, project management, system configuration, testing, training, implementation support, and go-live assistance. The Department is now in the final phase of implementing the CentralSquare Enterprise CAD/RMS platform, with the current project schedule anticipating “go-live” in August 2027.

As the project moves toward completion, maintaining continuity and experienced project oversight is increasingly important to ensure outstanding milestones are completed and implementation remains on schedule.

NPSG has been instrumental throughout the CAD/RMS project, providing the Department with specialized public safety software expertise and project management support during vendor selection, contract development, system design, implementation, and coordination with CentralSquare. NPSG's familiarity with the Department's operational requirements, project history, system configuration, integrations, and implementation objectives provides an important level of continuity as the project enters its final stages. This institutional knowledge would be difficult to replace without requiring a new consultant or internal staff to become familiar with several years of project decisions, technical requirements, and outstanding implementation items.

Transitioning to a new CAD/RMS platform is an extremely complex and detailed undertaking that requires significant technical and operational knowledge to implement successfully. These systems serve as the foundation for many of the Police Department's daily operations, including emergency dispatching, records management, field reporting, mobile operations, and the exchange of critical public safety information. Because CAD/RMS systems typically remain in service for many years, even experienced law enforcement professionals may participate in a full system replacement only once during their careers. As a result, agencies can become heavily dependent upon the software vendor to guide the implementation process.

NPSG provides the City with an independent public safety technology consultant whose responsibility is to represent the Department's operational interests throughout the implementation, rather than relying exclusively on the software provider to manage the process. This additional oversight is particularly important given the history of complex and, in some cases, unsuccessful CAD/RMS implementations within the public safety industry, where agencies have invested significant resources into systems that ultimately failed to achieve their intended operational objectives.

At this stage of the project, transitioning away from NPSG's project management services would create a significant loss of project knowledge and continuity. Bringing another consultant or project manager into the process would require substantial time to become familiar with the project's history, contractual requirements, system configuration, integrations, outstanding issues, and implementation schedule. Such a transition would likely slow the project and could jeopardize the Department's anticipated August 2027 go-live date. Maintaining NPSG through the remaining implementation period provides the most effective means of preserving continuity and keeping the project moving City of Rialto Page 2 of 4 Printed on 9/17/2026 powered by Legistar™251
File #: 26-0586, Version: 1, Agenda #: F.5
period provides the most effective means of preserving continuity and keeping the project moving toward completion.

Amendment No. 1 to Consulting Agreement #2024-2000 provides for continued project management services at a total cost of $120,000 for an additional 12-month term, with fixed monthly payments of $10,000. NPSG will also provide onsite project management support of up to one day per month until training and go-live, along with up to six onsite days for training and three onsite days to support go-live activities.

The amendment further provides flexibility should additional services be required beyond the amendment term. In that event, the City may continue NPSG's services on a month-to-month basis at the same payment rate for up to 12 months following expiration of the amendment, with the ability to cancel extended services upon 60 days' notice.

Approval of Amendment No. 1 will allow the Department to retain the project management team that has guided the CAD/RMS project through its critical development and implementation stages and maintain that continuity through the final phase of the CentralSquare Enterprise implementation.

Continuing NPSG's services will help protect the City's investment, minimize the risk of unnecessary delays, and position the Department to achieve its anticipated August 2027 go-live date.

Staff worked closely with the City’s Procurement Division throughout the amendment process to review the proposed extension of services with National Public Safety Group (NPSG). Procurement reviewed the amendment and determined that the continued services are acceptable as an extension of the existing services previously procured through a cooperative purchasing agreement (piggyback). The procurement remains consistent with Rialto Municipal Code Section 2.48.210, Cooperative Purchasing Agreements (Piggybacking), and Procurement has approved proceeding with the amendment for the extended services.

ENVIRONMENTAL IMPACT
The proposal is not a “Project” as defined by the California Environmental Quality Act (CEQA).

Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
The City of Rialto’s General Plan has outlined guiding principles and goals relating to public safety.

This action is consistent with the City of Rialto’s General Plan Guiding Principle 1, “Rialto is a Family First Community.”
Our neighborhoods will be a safe place to call home.

Approval of this action is also consistent with the City of Rialto General Plan Goal and Policies:

Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.

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Policy 5-8.4: Initiate proactive crime suppression and prevention strategies throughout the community.

LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.

FINANCIAL IMPACTS
Operating Budget Impact
Funding in the amount of $120,000, is available in the FY2026-2027 Information Technology Account No. 10106151 52021, for the contract agreement for project management services with National Public Safety Group, LLC, a North Carolina Limited Liability Company.

Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.

Licensing
National Public Safety Group, LLC, a North Carolina Limited Liability Company has a current City of Rialto Business License. No additional administration or state fees are due at this time.

ATTACHMENTS

1. NPSG Amendment No. 1- 2024-2000

2. National Public Safety Group COI
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NPSG Contract #2024 - 2000
Amendment No. 1
AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT
THIS Amendment No. 1 to the Consulting Agreement (as defined herein) (“Amendment”) is made and entered into (the “Effective Date”) upon execution of all necessary signatures by and between the City of Rialto, 128 N Willow Avenue, Rialto, CA 92376, (the “Customer”), and National Public Safety Group, LLC, a North Carolina limited liability company, 124 Newington Way, Aberdeen, North Carolina 28315, (the “Consultant” or “NPSG”) (Customer and Consultant, individually, a “Party” and, collectively, the “Parties”).

RECITALS
A. Agreement. The Customer and Consultant have entered into an agreement entitled “Consulting Agreement #2024 – 2000” effective date June 19, 2024 (“Agreement”).

B. Amendment Purpose. The Customer and Consultant desire to amend the Agreement to provide for additional compensation for Customer’s public safety software project.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Services; Payment Terms, Term; Termination.
a. Services. The Consultant and the Customer will mutually agree upon the method, details and means of performing the Scope of Work in Exhibit A.
b. Payment Terms. The Customer agrees to the Scope of Work cost amount in Exhibit B and the Payment Terms set forth in Exhibit C.
c. Term. This Amendmentshall commence on the Effective Date and shall terminate within the time period listed in Exhibit C.
d. Extended Services. In the event the project goes longer than expected, and more consulting services are needed by the Customer, the Customer can continue on a month to month basis.

The following terms will apply:
i. The payments will remain the same for up to 12 months after expiration of the Amendment.
ii. During the Extended Services phase, Customer can cancel with only 60 days notice.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by the Amendment.

3. Severability. If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force. 1 of 8
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NPSG Contract #2024 - 2000
Amendment No. 1

4. Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

IN WITNESS WHEREOF, this Amendment is executed as of the date written above.

CUSTOMER
Signature: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
Optional, only if needed:

Signature: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
Signature: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
National Public Safety Group, LLC
Signature: ______________________________________
Name: _Buck Mims____________________________
Title: _Chief Executive Officer__________________
Date: ______________________________________
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National Public Safety Group Proposal
Proposal Services for: Public Safety Software Consulting Services Proposal for: Rialto Police Department
Contact: Cameron Nelson Date: 8/14/2026
Captain Valid: 10/14/2026
Division:

Email: [email protected] Phone: 909.276.0991
NPSG Contact: Cheryl McIntyre Email: [email protected] Item Length of Project Total
Needs Assessment NA
Selection NA
Procurement NA
Project Management $120,000
Total Consulting Services: $120,000
Item Total
Consulting as a Service NA
Travel NA
Total Cost: $120,000
This document should not be shared unless the proper FOIA laws have been met.

This proposal includes services for this project for this many months after effective date: 12 See full agreement for all terms and conditions
NOTES
Exhibit B
Cost Proposal
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*NPSG will have Consultants onsite for up to the following number of days:

Phase Days For
IV: Project Management 1 Per Month until Training and Go-Live 6 Training
3 Go-Live
* Does not include travel days
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Month Milestone Begin/End Percentage Unit Cost Payment Paid to Date $120,000
* Projected Project Length: 12
1 Effective Date Begin 8% $120,000 $10,000.00 $10,000
2 Monthly payment 8% $120,000 $10,000.00 $20,000
3 Monthly payment 8% $120,000 $10,000.00 $30,000
4 Monthly payment 8% $120,000 $10,000.00 $40,000
5 Monthly payment 8% $120,000 $10,000.00 $50,000
6 Monthly payment 8% $120,000 $10,000.00 $60,000
7 Monthly payment 8% $120,000 $10,000.00 $70,000
8 Monthly payment 8% $120,000 $10,000.00 $80,000
9 Monthly payment 8% $120,000 $10,000.00 $90,000
10 Monthly payment 8% $120,000 $10,000.00 $100,000
11 Monthly payment 8% $120,000 $10,000.00 $110,000
12 Monthly payment 8% $120,000 $10,000.00 $120,000
31 0 0% $0 $0.00 $0
0 0% $0 $0.00 $0
Total Payments: $120,000.00 $0
*Projected project length is listed above and below. We will continue to provide services for up to this many months.

Term of the Agreement
This is a fixed-fee agreement with time limit paid over monthly payments for up to: 12 months.

If project is completed before the projected time, the balance of unpaid payments will be due and invoiced for payment.

Payment terms
Exhibit C
Payment Terms
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09/01/2026
Molamphy Insurance, LLC DBA NorthState Insurance & Advisors 580 SW Broad St
Southern Pines, NC 28387
Marjorie Ceh
(910)687-4899 (910)687-4866
[email protected]
00006936-250716110705 79
National Public Safety Group, LLC
124 Newington Way
Aberdeen, NC 28315
Nationwide Assurance Company 10723
A X Y Y ACP CG023069354982 06/15/2026 06/15/2027
X
X Primary and Non-Con
X
2,000,000
100,000
5,000
2,000,000
4,000,000
2,000,000
Nationwide Assurance Company 10723
A Y ACP CG023069354982 06/15/2026 06/15/2027
X X
2,000,000
Sequoia Insurance Company 22985
B Y QWC1549158 06/15/2026 06/15/2027
N
X
1,000,000
1,000,000
1,000,000
Beazley Excess and Surplus Insurance, Inc. 17520
C Professional Liability D2DA39260601 01/01/2026 01/01/2027 Claims Made $2,000,000 The City of Rialto, is respective elective and appointed officers, directors, officials, employees and agents shall be Additional Insureds under the General Liability policy. Primary and Non-Contributory-Other Insurance Condition applies to the General Liability policy- endorsement CG 20 01 04 13. Waiver of Subrogation applies under both the General Liability and the Workers Compensation policies. No deductible or self-insured retention applies under the General Liability policy.

City of Rialto
150 South Palm Ave
Rialto, CA 92376
(MEC)
Printed by MEC on 09/01/2026 at 01:22PM
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $
DED RETENTION $ $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE

ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2025/12) © 1988-2025 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
Exhibit D
6 of 8
259

COMMERCIAL GENERAL LIABILITY
CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
CG 20 12 12 19 Page 1 of 1
State Or Governmental Agency Or Subdivision Or Political Subdivision:

CITY OF RIALTO
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your
behalf for which the state or governmental
agency or subdivision or political subdivision
has issued a permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the
federal government, state or
municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
© Insurance Services Office, Inc., 2018
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COMMERCIAL GENERAL LIABILITY
CG 20 011219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 8 of 8
261
Ordinance 1655 must be attached
Form Date: 06/09/2021

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*
Pursuant to City of Rialto Code of Ordinances Section 2.48.145, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity.  A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
 A non-financial interest shall mean any interest that is prohibited by City of Rialto Code of Ordinances Section 2.48.140 (attached here).

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner
Name of City Elected or
Appointed Official, City
Officer, a City Employee
or Consultant
Relationship Between the
Two
By submitting [this application/proposal], or supplying any goods or services to the city, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the city] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section 2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity:

Title:________________________________________________________ Signature:__________________________ Date:_____________________

N/A N/A N/A
Buck Mims
CEO
August 11, 2021
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ORDINANCE NO. 1655

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING THE CITY’S CONFLICT OF INTEREST

ORDINANCE (CITY OF RIALTO CODE OF ORDINANCES SECTION

2.48.140) AND CONFLICT OF INTEREST DISCLOSURE ORDINANCE (CITY OF RIALTO CODE OF ORDINANCES SECTION 2.48.145).

WHEREAS, in June, 2019, a fiscal year-end audit identified conflict of interest concerns related to the City’s federal program spending, and specifically with federal CDBG grants; and
WHEREAS, subsequent review of the City’s conflict of interest ordinances and internal controls process identified several issues with these ordinances and processes; and WHEREAS, Subsequent to the resolution of the initial conflict of interest, the federal Department of Housing and Urban Development (HUD) has requested that the City update and strengthen its conflict of interest ordinance and internal controls process, to avoid similar future conflicts of interest; and
WHEREAS, this proposed new conflict of interest ordinance will minimize the potential for future conflicts of interest in the award of City contracts and grants, and in particular, federal CDBG grants; and
WHEREAS, the substantive changes in this proposed new conflict of interest ordinance have been reviewed and approved by HUD.

NOW, THEREFORE, the City Council hereby finds, determines, and ordains as follows:

SECTION 1. The City Council hereby specifically finds that all the facts set forth in the recitals above of this Ordinance are true and correct and incorporated herein.

SECTION 2. Amendment of the City of Rialto’s conflict of interest ordinances is necessary to bring the City’s conflict of interest rules in line with best practices and would bring the City into compliance with HUD’s request for additional conflict of interest regulations and controls.

SECTION 3. The City Council hereby deletes existing City of Rialto Code of Ordinances section 2.48.140 in its entirety, and replaces it with the following:
(a) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest. (b) For purposes of this prohibition, the following definitions shall apply:
(1) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City.
(2) A “conflicting interest” includes, but is not limited to, those decisions where:
(A) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient; 1 











 
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28 (B) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(C) A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient.
(3) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient.
(4) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin.
(5) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract.
(c) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid.
(d) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (e) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq.
(f) Any person who violates this section is subject to the following:
(1) Public censure;
(2) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(3) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(4) An administrative fine pursuant to Chapter 1.10 of this code. (g) The discipline specified herein may be imposed:












 
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28 (1) By the City Manager in the case of any employee or consultant who violates this section.
(2) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.

SECTION 4. The City Council hereby deletes existing City of Rialto Code of Ordinances section 2.48.145 in its entirety, and replaces it with the following:
(a) All persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any elected or appointed city official, city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity.

1. For purposes of this prohibition, a financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.

2. For purposes of this prohibition, a non-financial interest shall mean any interest that is prohibited by City of Rialto Code of Ordinances Section

2.48.140.
(b) In order to facilitate disclosure as required by this section, any such application or proposal to the City shall prominently include the following disclosure in any RFP or other solicitation document:

By submitting [this application/proposal], or supplying any goods or services to the city, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the city] that it/they have they no financial or non-financial interests, as such terms are defined in City of Rialto Code of Ordinances Section

2.48.145, concerning any City of Rialto elected or appointed official or employee, except as specifically disclosed herein.

SECTION 5. The Mayor shall sign the passage and adoption of the Ordinance and thereupon the same shall take effect and be in force.













 
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PASSED, APPROVED, AND ADOPTED this 9th day of February, 2021. _______________________________

DEBORAH ROBERTSON, MAYOR
ATTEST:
___________________________

BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
_______________________________
ERIC S. VAIL, INTERIM CITY ATTORNEY
4 











 
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28 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. 1655 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 9th day of February, 2021.

Upon motion of Councilmember Trujillo, seconded by Councilmember Perez, the foregoing Ordinance No. 1655 was duly passed and adopted.

Vote on the Motion:

AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, Carrizales and Perez
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this 10th day of February, 2021.
__________________________
Barbara A. McGee, City Clerk












 
267
City of Rialto
Legislation Text
File #: 26-0587, Version: 4, Agenda #: F.6
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Mark P. Kling, Chief of Police
Request City Council to: (1) Approve the California Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement No. PT27140 in the Amount of $365,000; (2) Adopt Resolution No. 8577 Amending the 2026-27 Fiscal Year Budget; and (3) Authorize the City Manager or Their Designee to Execute All Related Documents.

RECOMMENDATION
Staff recommends that the City Council:
1) Approve the California Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement No. PT27140 in the amount of $365,000;
2) Adopt Resolution amending the 2026-27 Fiscal Year Budget; and 3) Authorize the City Manager or their designee to execute all related documents.

BACKGROUND
The California Office of Traffic Safety (OTS) has awarded the City of Rialto Police Department $365,000 through the Selective Traffic Enforcement Program (STEP) Grant, Grant Agreement No.

PT27140, for the grant period of October 1, 2026, through September 30, 2027.

For the past several years, the City has pursued and been awarded grants from OTS to augment its traffic safety efforts. The STEP Grant provides supplemental resources for enforcement, traffic safety education, specialized training, and community engagement. The 2026-27 grant will allow the Police Department to continue data-driven strategies intended to reduce fatal and injury traffic crashes involving impaired driving and other primary crash factors.

ANALYSIS/DISCUSSION
Traffic crashes involving alcohol impairment and other primary crash factors remain a significant public safety concern in Rialto. The grant agreement cites OTS 2023 crash rankings showing 97 alcohol-involved crash victims in Rialto, ranking 3rd out of 62 Group B cities, and 468 total fatal and injury victims, ranking 24th out of 62 Group B cities. These conditions support continued high-visibility enforcement, education, training, and public awareness efforts.

The STEP Grant allocates funding to address traffic-related concerns through the following City of Rialto Page 1 of 3 Printed on 9/17/2026
powered by Legistar™268
File #: 26-0587, Version: 4, Agenda #: F.6
enforcement, education, training, and support activities:
• DUI/Driver License Checkpoints and DUI Saturation Patrols • Traffic Enforcement operations focusing on primary crash factors • Distracted Driving Enforcement
• Motorcycle Safety Enforcement
• Pedestrian and Bicycle Enforcement
• Street Racing and Sideshow Enforcement
• Collaborative DUI and Traffic Enforcement operations
• Know Your Limit campaigns, traffic safety educational presentations, and community engagement activities
• Standardized Field Sobriety Testing (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), Drug Recognition Expert (DRE) Instructor, and DUI Checkpoint Planning and Management training
• Phlebotomy services, approved in-state travel, DUI checkpoint supplies, and two portable light towers
Grant objectives include eight DUI/Driver License checkpoints, 27 DUI saturation patrols, 12 traffic enforcement operations, 22 distracted driving enforcement operations, four motorcycle safety operations, four pedestrian and bicycle operations, and additional collaborative enforcement, education, training, and community engagement activities. If accepted, eligible grant-related costs incurred during the grant operational period will be reimbursed in accordance with the OTS Grant Agreement and applicable grant requirements.

ENVIRONMENTAL IMPACT
The proposal is not a “Project” as defined by the California Environmental Quality Act (CEQA).

Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

GENERAL PLAN CONSISTENCY
The City of Rialto’s General Plan has outlined guiding principles and goals relating to public safety.

This action is consistent with the City of Rialto’s General Plan Guiding Principle 1, “Rialto is a Family First Community.”
Our neighborhoods will be a safe place to call home.

Approval of this action is also consistent with the City of Rialto General Plan Goal and Policies:

Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.

Policy 5-8.4: Initiate proactive crime suppression and prevention strategies throughout the City of Rialto Page 2 of 3 Printed on 9/17/2026
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File #: 26-0587, Version: 4, Agenda #: F.6
community.

LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.

FINANCIAL IMPACTS
Operating Budget Impact
OTS has awarded the City of Rialto Police Department $365,000 for the 2026-2027 Selective Traffic Enforcement Program. Accepting the grant will increase revenues in the amount of $365,000 in the California Office of Traffic Safety Grant Revenue Account No. 22216995-47551-27STP-08. The additional revenue will offset increased expenditures of the same amount appropriated in the amount of $337,156 in Account No. 22216995-51020-27STP-10, $4,955 in Account No. 22216995-51050- 27STP-50, $18,037 in Account No. 22216995-52021-27STP-42, and $4,852 in Account No. 22216995-52022-27STP-12 for grant expenditures such as overtime, benefits, travel, services, and supplies utilized by this grant.

Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.

Licensing
This action does not require a business license.

ATTACHMENTS
1) California Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement No.

PT27140
2) Budget Resolution
City of Rialto Page 3 of 3 Printed on 9/17/2026
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8/12/2026 3:33:39 PM Page 1 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT27140

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Rialto From:

To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Rialto Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with community members.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $365,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.

Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed. 271
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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kevin Ball
Sergeant
[email protected]
(951) 966-2650
150 S. Palm Avenue
Rialto, CA 92376
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mark Adams
Captain
[email protected]
(909) 820-8066
150 S. Palm Avenue
Rialto, CA 92376
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Lamont Quarker
Captain
[email protected]
(909) 820-2634
150 S. Palm Avenue
Rialto, CA 92376
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

KLSFVZSZLHV6
128 N. Willow Ave
Rialto
92376-5830
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
272
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405e DDA2720.616 0521-0890-101 2026 19/26 BA/26 $50,000.00 402PT-27 20.600 0521-0890-101 2026 19/26 BA/26 $70,000.00 1906-27 20.611 0521-0890-101 2026 19/26 BA/26 $2,000.00 164ID-27 20.608 0521-0890-101 2026 19/26 BA/26 $243,000.00

AGREEMENT
TOTAL $365,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$365,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $365,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT27140

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of Rialto is located in San Bernardino County within the Inland Empire region of Southern California. According to the 2020 U.S. Census, the City of Rialto has a population of 104,026 residents, including a substantial number of children, families, and working-age adults. Rialto continues to experience steady growth as new residential developments, apartment communities, shopping centers, and industrial facilities are built throughout the city.

Rialto is a diverse and growing community that has attracted new residents due in part to a lower cost of living compared to neighboring Los Angeles and Orange County communities. This growth has resulted in increased traffic volumes, vehicle miles traveled, and demand on the city’s roadway network. Rialto’s streets support a wide range of roadway users, including passenger vehicles, commercial trucks, motorcyclists, bicyclists, and pedestrians.

The City is located near two major interstate highways, Interstate 10 and Interstate 15, which serve as critical transportation corridors for regional and interstate travel. A significant portion of California’s interstate commerce moves through the Inland Empire, contributing to high traffic volumes on Rialto’s arterial roadways and increasing the complexity of traffic safety challenges within the city.

Rialto’s roadway system includes high-volume arterials that connect residential neighborhoods with schools, commercial districts, industrial areas, and neighboring jurisdictions. These conditions create frequent interaction between vehicles and vulnerable roadway users and increase the potential for crashs involving primary crash factors such as impaired driving, speeding, distracted driving, and failure to use occupant protection.

These demographic, geographic, and traffic characteristics make the City of Rialto a jurisdiction where targeted, data-driven STEP enforcement strategies are essential to reducing traffic-related injuries and fatalities and improving overall roadway safety.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Traffic Crashes involving alcohol impairment and other primary crash factors remain a significant public safety problem within the City of Rialto. According to the California Office of Traffic Safety (OTS) 2023 crash rankings, Rialto recorded 97 alcohol-involved crash victims, ranking 3rd out of 62 Group B cities, a measure of high prevalence compared to similar jurisdictions statewide. This indicates that alcohol-related crashes continue to occur at disproportionately high rates, even with proactive enforcement efforts. This also may be affected by increased training amongst patrol officers in DUI detection, identifying impaired drivers that might have gone unidentified by less trained officers. The cultural focus on impaired driving enforcement and traffic safety by Rialto PD is evident in these statistical categories.

In addition, Rialto’s OTS rankings show 45 victims in crashes involving drivers ages 21–34 who had been drinking, ranking 5th out of 62 cities, and 3 victims under age 21 involved in alcohol-related crashes. These results highlight that impaired driving is not isolated to one age group and remains consequential across multiple demographics.

Beyond alcohol impairment, Rialto experienced 468 total fatal and injury victims in 2023, ranking 24th out of 62 Group B cities, signaling broader traffic safety challenges that include speeding, distracted driving, and lack of occupant protection, key primary crash factors addressed by STEP strategies.

These crash trends are occurring in the context of a jurisdiction that handles high traffic volumes due to regional travel, commuter flows, and proximity to Interstate 10 and Interstate 15. San Bernardino County overall experienced approximately 14,615 people killed or injured in vehicle crashes in 2024, underlining the 274
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magnitude of traffic safety issues in the region and the need for continued intervention at the local level in Rialto.

While the Rialto Police Department is recognized for strong DUI enforcement performance, reflected in high OTS impaired-driver arrest and crash rankings, the continued occurrence of alcohol-involved and other primary-factor crashes demonstrates that impaired driving and related risky behaviors remain significant contributors to serious injuries and fatalities. These data support the need for continued, high-visibility enforcement operations targeting DUI, unsafe speed, distracted driving, and occupant protection compliance, combined with media and public awareness efforts that enhance deterrence and promote behavior change.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The primary target population for this Selective Traffic Enforcement Program (STEP) grant is motor vehicle drivers operating within the City of Rialto, particularly those engaging in high-risk behaviors associated with alcohol and drug impairment, speeding, distracted driving, and failure to use occupant protection. These behaviors are consistently identified as primary contributing factors in traffic crashes resulting in serious injury and death within the city.

A significant at-risk population served by this grant includes drivers who operate vehicles during evening and nighttime hours, when alcohol-involved crashes are more likely to occur and seat belt usage rates are typically lower. STEP enforcement strategies targeting impaired driving and nighttime seat belt violations are specifically designed to address this elevated risk and reduce the severity of crashes during these high-risk periods.

The grant will also serve vulnerable roadway users, including pedestrians, bicyclists, and motorcyclists, who are disproportionately impacted when crashes involve impaired or distracted drivers or excessive speed.

Due to their lack of physical protection, these groups face a substantially higher risk of serious injury or death when involved in traffic crashes. STEP-funded enforcement and public awareness efforts will focus on behaviors that directly affect the safety of these populations, including failure to yield, unsafe speed, impaired driving, and driver inattention.

In addition, this grant will serve younger and working-age drivers, including those traveling through Rialto as part of regional commuting and commercial activity within the Inland Empire. Rialto’s proximity to Interstate 10 and Interstate 15 results in high traffic volumes and a diverse mix of local and non-local drivers, increasing exposure to impaired driving and other primary crash factors. Targeted, high-visibility enforcement supported by STEP funding will help deter unsafe behaviors among both residents and transient drivers.

Consistent with the Office of Traffic Safety’s emphasis on equitable traffic safety outcomes, STEP strategies will be implemented in areas identified through crash data as having a higher incidence of alcohol-involved and injury crashes. By focusing enforcement and education efforts in these areas, the grant will serve populations that are disproportionately impacted by traffic injuries and fatalities and ensure that safety resources are directed where they are most needed.

Through a combination of data-driven enforcement, public awareness, and media-supported deterrence, this STEP grant will serve at-risk drivers and vulnerable roadway users while promoting safer driving behaviors throughout the City of Rialto.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes. 275
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9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.
12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 6 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 6 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Send law enforcement personnel to SFST Instructor training. 1

9. Send law enforcement personnel to DRE Instructor training. 1

10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
8 11. Conduct DUI Saturation Patrol operation(s). 27

12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
12 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
22 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 276
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15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 16. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 17. Conduct Know Your Limit campaigns with an effort to reach members of the community.
2 18. Participate in highly visible collaborative DUI Enforcement operations. 2

19. Participate in highly visible collaborative Traffic Enforcement operations. 2

20. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 21. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 22. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.
• In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any 277
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material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. 278
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• Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT27140

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
1906-27 20.611 Racial Profiling Prohibition Grants $2,000.00 405e DDA-27 20.616 Distracted Driving Awareness $50,000.00 402PT-27 20.600 State and Community Highway
Safety
$70,000.00
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$243,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164ID-27 $15,000.00 8 $120,000.00
DUI Saturation Patrols 164ID-27 $3,300.00 27 $89,100.00 Know Your Limit 164ID-27 $3,000.00 2 $6,000.00
Collaborative DUI Enforcement 164ID-27 $3,300.00 2 $6,600.00 Benefits-164OT @ 1.45% 164ID-27 $225,000.00 1 $3,263.00 Traffic Enforcement 402PT-27 $2,200.00 12 $26,400.00
Motorcycle Safety Enforcement 402PT-27 $2,200.00 4 $8,800.00 Pedestrian and Bicycle Enforcement 402PT-27 $4,400.00 4 $17,600.00 Street Racing and Sideshow Enforcement
Operations
402PT-27 $4,400.00 1 $4,400.00
Traffic Safety Educational Presentations 402PT-27 $1,000.00 2 $2,000.00 Collaborative Traffic Enforcement 402PT-27 $2,500.00 2 $5,000.00 Benefits- 402OT @ 1.45% 402PT-27 $65,400.00 1 $948.00
Distracted Driving Enforcement 405e DDA27$2,240.22 22 $49,285.00 Benefits- 405e @ 1.45% 405e DDA27$49,290.00 1 $715.00
Community Collaboration Engagement 1906-27 $985.50 2 $1,971.00 Benefits- 1906OT @ 1.45% 1906-27 $1,970.00 1 $29.00
Category Sub-Total $342,111.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $4,852.00 1 $4,852.00
$0.00
Category Sub-Total $4,852.00
C. CONTRACTUAL SERVICES
Phlebotomist 164ID-27 $110.00 75 $8,250.00
Category Sub-Total $8,250.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164ID-27 $4,787.00 1 $4,787.00
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Portable Light Tower 164ID-27 $2,500.00 2 $5,000.00
Category Sub-Total $9,787.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $365,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT27140

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits-164OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits- 402OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits- 405e @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.

Benefits- 1906OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Summit – November 2026 – San Diego, CA, OTS Traffic Safety Law Enforcement Forum, and GHSA Annual Meeting – August 2027 – Anaheim, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), 282
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traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

Portable Light Tower - High intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time operations. Costs may include a generator, battery, cart, and accessories.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 283
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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT27140
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 285
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 286
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 287
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 288
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 289
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 291
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RESOLUTION NO. 8577

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, AMENDING ITS 2026-2027 FISCAL

BUDGET AND ACCEPTING THE OFFICE OF TRAFFIC SAFETY

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
GRANT
WHEREAS, the budget for fiscal year 2026-2027 of the City of Rialto has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between departments and within their respective funds, as long as those appropriations do not exceed their fund total unless approved by Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: Authorize an increase in estimated revenues in the Office of Traffic Safety Grant Fund, Account No. 22216995-47551-27STP-08 in the amount of $365,000; and Section 2: Approve an appropriation in the Office of Traffic Safety Grant Fund:

Account No. 22216995-51020-27STP-10 in the amount of $337,156; Account No. 22216995-51050-27STP-50 in the amount of $4,955; Account No. 22216995-52021-27STP-42 in the amount of $18,037; and Account No. 22216995-52022-27STP-12 in the amount of $4,852, for the Office of Traffic Safety – Selective Traffic Enforcement Program (STEP) Grant. \\\\
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PASSED APPROVED AND ADOPTED this _____ day of ____________, 2026. _______________________________
JOE BACA, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2026.

Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2026.
____________________________________
BARBARA McGEE, CITY CLERK
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City of Rialto
Legislation Text
File #: 26-0596, Version: 1, Agenda #: F.7
For City Council Meeting September 22, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Yazdan Emrani, P.E., Director of Public Works
Request City Council to Approve Assignment and Assumption Agreements Between the City of Rialto, Fountainhead Consulting Corporation, and Milestone CM Consulting, LLC Assigning Rights and Obligations Related to: (1) Assignment to Milestone, CM Consulting, LLC of the On-Call Professional Services Agreement Dated April 12, 2022; and (2) Assignment to Milestone CM Consulting, LLC of the Professional Services Agreement Dated December 16, 2025, as Amended May 12, 2026; and (3) Authorize the City Manager or Their Designee to Execute all Related Documents.

RECOMMENDATION
Staff recommends that the City Council approve assignment and assumption agreements between the City of Rialto, Fountainhead Consulting Corporation, and Milestone CM Consulting, LLC assigning rights and obligations related to:
1) Assignment to Milestone CM Consulting, LLC of the on-call professional services agreement dated April 12, 2022;
2) Assignment to Milestone CM Consulting, LLC of the professional services agreement dated December 16, 2025, as amended May 12, 2026; and
3) Authorize the City Manager or their designee to execute all related documents.

BACKGROUND
The City currently has two separate agreements in place with Fountainhead Consulting Corporation (“Fountainhead”): an On-Call Professional Services Agreement (“On-Call PSA”) and a Professional Services Agreement (“PSA”).

On April 12, 2022, the City Council approved the On-Call PSA with Fountainhead for construction management, inspection, and materials testing services for an initial three-year term, with two oneyear optional extensions.

On September 9, 2025, the City Council awarded a construction contract to C.P. Construction Co., Inc. in the amount of $29,107,522.20 for the Baseline Storm Drain Project, City Project No. 170700.

As part of the same action, the City Council authorized a contract change order in the amount of $2,993,555.00 with Fountainhead pursuant to the City’s On-Call PSA for construction management, inspection, and materials testing services for the Project.

The Baseline Storm Drain Project consists of an approximately 2.0-mile-long storm drain system City of Rialto Page 1 of 6 Printed on 9/17/2026
powered by Legistar™295
File #: 26-0596, Version: 1, Agenda #: F.7
The Baseline Storm Drain Project consists of an approximately 2.0-mile-long storm drain system extending from the Tamarind Avenue/Baseline Road intersection to Cactus Basin No. 3.

Fountainhead has been providing the authorized construction management, inspection, materials testing, and related construction-phase services for the Project.

Separately, in November 2025, the City’s full-time Capital Improvement Project (“CIP”) Engineering Manager left the City, creating a need for interim consultant support to maintain continuity in the delivery of the City’s Capital Improvement Program. The City initially entered into a PSA dated December 16, 2025, with Fountainhead in the amount of $95,000 under the authority of the City Manager for interim CIP Engineering Manager services.

On May 12, 2026, the City Council approved a First Amendment to the PSA with Fountainhead in the amount of $200,000, bringing the total not-to-exceed contract amount for interim CIP Engineering Manager services to $295,000 and extending the term of the PSA through June 30, 2027.

The City has since hired a full-time CIP Engineering Manager. However, given the number and complexity of active capital improvement projects currently being administered by the Public Works Department, a transition period is necessary to provide continuity and facilitate the orderly transfer of project knowledge, responsibilities, schedules, consultant and contractor coordination, funding requirements, and outstanding project issues to the new CIP Engineering Manager. The remaining interim CIP Engineering Manager services would be utilized to support this transition and assist the new City staff member in assuming responsibility for the active CIP portfolio.

The Baseline Storm Drain construction management and inspection services and the remaining transitional CIP Engineering Manager services are currently authorized under their respective agreements with Fountainhead. Fountainhead has requested assignment of its remaining contractual rights and obligations associated with both service areas to Milestone CM Consulting LLC (“Milestone”), and Milestone has agreed to assume the remaining authorized services, subject to City Council approval and execution of Assignment and Assumption Agreements among the parties.

ANALYSIS/DISCUSSION
The proposed Assignment and Assumption Agreements would transfer to Milestone the remaining authorized services currently being provided by Fountainhead under two separate City agreements:
(1) the On-Call PSA for construction management, inspection, materials testing, labor compliance, public outreach, and related services for the Baseline Storm Drain Project; and (2) the PSA for interim Capital Improvement Project Engineering Manager services. The proposed action does not expand the previously authorized scopes of work or increase the total amounts previously approved by the City Council.

Baseline Storm Drain Project
Construction of the Baseline Storm Drain Project is currently underway. To maintain continuity of construction management, inspection, materials testing, labor compliance, public outreach, documentation, contractor coordination, and related construction-phase services, Fountainhead has requested assignment of its remaining contractual rights and obligations for the Project to Milestone.

Under the proposed Assignment and Assumption Agreement, Milestone would assume responsibility for the remaining authorized Baseline Storm Drain services subject to the terms and conditions of the existing City agreement. The transition is intended to maintain uninterrupted field oversight and City of Rialto Page 2 of 6 Printed on 9/17/2026
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project administration while construction remains active.

Based on Fountainhead’s invoicing through July 31, 2026, together with estimated billings for services anticipated to be performed through September 22, 2026, Fountainhead is projected to have invoiced approximately $858,000 against the original authorization of $2,993,555, leaving approximately $2,135,555 in remaining authorized contract capacity as of the anticipated transition date. If approved by the City Council, Milestone would assume responsibility for the remaining authorized scope and contract balance. The proposed assignment would transfer the remaining authorized scope and contract balance to Milestone and would not increase the amount previously authorized by the City Council.

Interim CIP Engineering Manager Services
The City has recently hired a full-time CIP Engineering Manager. The remaining consultant services are not intended to replace or duplicate the duties of the newly hired City employee, but rather to provide a defined transition period for the orderly transfer of the City’s active capital improvement program.

The City currently has numerous capital projects in various stages of planning, design, procurement, construction, and closeout. The transition effort will include briefing the new CIP Engineering Manager on project status, budgets, schedules, consultant and contractor responsibilities, pending decisions, upcoming City Council actions, funding requirements, outside agency coordination, and other outstanding project matters. Continued transitional support will allow the new CIP Engineering Manager to assume responsibility for the active project portfolio while minimizing disruption to project delivery.

The May 12, 2026, staff report previously identified continuity and progress on critical projects as key reasons for maintaining interim CIP Engineering Manager support while the City completed its recruitment process. Staff also noted the consultant’s familiarity with City processes, protocols, and active CIP projects.

Based on Fountainhead’s invoicing through July 31, 2026, together with estimated billings for services anticipated to be performed through September 22, 2026, Fountainhead is projected to have invoiced approximately $222,000 against the authorized not-to-exceed amount of $295,000 for Interim CIP Engineering Manager services, leaving approximately $73,000 in remaining authorized contract capacity as of the anticipated transition date. If approved by the City Council, Milestone would assume responsibility for the remaining transitional services and contract balance. The proposed assignment would allow Milestone to provide the remaining transitional services through the end of the PSA’s term, which is June 30, 2027, or until the transition to the City’s full-time CIP Engineering Manager is substantially complete.

Assignment and Continuity of Services
Milestone has experience providing construction management and inspection services for public works projects and is familiar with City procedures, project delivery requirements, and the City’s active capital improvement program. The proposed assignments would allow the remaining services under both agreements to continue under Milestone without creating new scopes of work or increasing the previously authorized contract amounts.

The City has previously approved the continuation and assignment of professional services agreements where a successor consultant assumed ongoing project responsibilities. For example, City of Rialto Page 3 of 6 Printed on 9/17/2026 powered by Legistar™297
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agreements where a successor consultant assumed ongoing project responsibilities. For example, the PSA originally awarded to J.L. Patterson & Associates, Inc. for the Riverside Avenue UPRR Bridge Widening Project was subsequently assigned by the City to Jacobs Engineering Group, Inc. following Jacobs’ acquisition of J.L. Patterson. The proposed Fountainhead Assignment and Assumption Agreements similarly provide a mechanism for the City to authorize the orderly transition and continued performance of previously authorized professional services.

A copy of the proposed Assignment and Assumption Agreement for the Baseline Storm Drain Project is included as Attachment 1 (Assignment of On-Call PSA). A copy of the proposed Assignment and Assumption Agreement for the Interim CIP Engineering Manager Services is included as Attachment 2 (Assignment of PSA). A copy of Milestone’s proposal for the remaining Baseline Storm Drain construction management, inspection, materials testing, labor compliance, public outreach, and related services is included as Attachment 3. A copy of Milestone’s proposal for the remaining interim CIP Engineering Manager transition services is included as Attachment 4.

Milestone’s Disclosure Statement is included as Attachment 5. The September 9, 2025, City Council staff report authorizing the Baseline Storm Drain construction contract and Fountainhead construction management, inspection, and materials testing services is included as Attachment 6.

The May 12, 2026, City Council staff report and First Amendment for interim CIP Engineering Manager services is included as Attachment 7.

ENVIRONMENTAL IMPACT
The proposed action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15378(b)(5), organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered projects subject to CEQA.

Approval of the Assignment and Assumption Agreements between the City of Rialto, Fountainhead, and Milestone is an administrative action associated with the continued performance of previously authorized construction management, inspection, materials testing, labor compliance, public outreach, related construction support services, and interim CIP Engineering Manager transition services, and will not result in any new direct or indirect physical change to the environment.

The environmental impacts associated with construction of the Baseline Storm Drain Project were previously evaluated by the City. On April 27, 2021, the City Council adopted a Mitigated Negative Declaration for the Project pursuant to CEQA.

GENERAL PLAN CONSISTENCY
The proposed action, including the continued delivery of capital improvement program management services and construction support services for the Baseline Storm Drain Project, is consistent with Guiding Principle 3 of the City of Rialto General Plan:

Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.

Approval of the proposed Assignment and Assumption Agreement also complies with the following City of Rialto General Plan Goals and Policies:

Goal 3-6: Require that all developed areas within Rialto are adequately served with City of Rialto Page 4 of 6 Printed on 9/17/2026
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essential public services and infrastructure.

Policy 3-6.3: Require an increasing level of public safety infrastructure and service capability tied to population increase and increasing service demand.

Policy 3-6.4: Complete infrastructure master plans for sewer, water, and drainage.

Goal 3-7: Upgrade public infrastructure as an inducement to promote private investment.

Goal 5-2: Minimize the risk and damage from flood hazards.

Policy 5-2.5: Require that any structure proposed within an officially designated 100-year floodplain, or other floodplain as determined through geotechnical investigation, be designed in a manner that does not negatively impede or redirect floodwaters or raise anticipated flood heights.

LEGAL REVIEW
The City Attorney has reviewed the agreements and approved them as to form.

FINANCIAL IMPACT
Operating Budget Impact
The proposed Assignment and Assumption Agreements will have no additional impact on the Operating Budget. The scope of services and total authorized compensation for the interim CIP Engineering Manager services will remain unchanged. Milestone will assume the remaining authorized scope of services and available contract balance under the existing agreements, Contract No. 26000053, as shown in Table 1 below. No additional appropriation is requested.

Table 1
Capital Improvement Budget Impact
The proposed Assignment and Assumption Agreements will have no additional impact on the Capital Improvement Budget. The scope of services and total authorized compensation for the Baseline Storm Drain Project, City Project No. 170700, will remain unchanged. Milestone will assume the remaining authorized scope of services and available contract balance under the existing agreement, Contract No. 26000034, as shown in Table 2 below. No additional appropriation is requested.

Table 2
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Licensing
Prior to execution of the Assignment and Assumption Agreement and commencement of services, Milestone shall maintain a valid City of Rialto Business License and pay all applicable Business License taxes, administrative, and State fees.

ATTACHMENTS:

1. Assignment and Assumption Agreement - On-Call PSA

2. Assignment and Assumption Agreement - PSA

3. Milestone Proposal - Baseline Storm Drain CM&I Services

4. Milestone Proposal - Interim CIP Engineering Manager Transition Services

5. Milestone Disclosure Statement

6. September 9, 2025, City Council Staff Report

7. May 12, 2026, City Council Staff Report
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4932-0405-5246 v2

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made as of this ____ day of September, 2026 (“Effective Date”), by and between the City of Rialto, a municipal corporation and California general law city (“City”), Fountainhead Consulting Corporation, a California Corporation (“Consultant” or “Assignor”), and Milestone CM Consulting, LLC, a California limited liability company (“Assignee”). Collectively City, Consultant/Assignor, and Assignee are referred to as the “Parties.”

RECITALS
WHEREAS, on April 12, 2022, City entered into an On-Call Professional Services Agreement (“Agreement”) with Consultant/Assignor whereas Consultant/Assignor would provide on-call construction management, inspection, and materials testing services for various City projects associated with RFP No. 22-048 dated March 17, 2022; and WHEREAS, Section 4.5 of the Agreement expressly states that Consultant/Assignor shall not assign, hypothecate, or transfer, either directly or by operation of law, the Agreement or any interest therein without the prior written consent of the City; and WHEREAS, Consultant/Assignor will no longer be providing services to City under the Agreement and instead, all such work will be performed by Assignee, and Consultant/Assignor desires to assign all of its rights and obligations under the Agreement to Assignee; and WHEREAS, the Parties desire to document and confirm City’s consent to the assignment and assumption of the Agreement as required under Agreement Section 4.5.

NOW, THEREFORE, in consideration of the mutual covenants herein and for other good and valuable consideration, the Parties agree as follows:

1. Recitals. The above recitals are true and correct and incorporated into this Amendment.

2. Assignment and Assumption. Consultant/Assignor hereby assigns, transfers, and conveys to Assignee all of Consultant/Assignor's rights, title, interest, duties, and obligations under the Agreement. Assignee hereby accepts the assignment and assumes all rights, responsibilities, obligations, and liabilities of Assignor under the Agreement, as of the Effective Date referenced above.

3. City Consent. City hereby consents to the foregoing assignment and assumption, subject to the continued compliance with all terms and conditions of the Agreement.

4. Entire Agreement. This Assignment contains the full and complete understanding of the parties and supersedes all prior communications regarding this subject. 301
4932-0405-5246 v2

5. Governing Law. This Assignment shall be governed by the laws of the State of California.

6. No Waiver. Nothing in this Assignment shall be deemed or construed to waive or modify any provisions of the Agreement, including the City’s rights and remedies.

IN WITNESS WHEREOF, the Parties have executed this Assignment as of the date first written above.

CITY
City of Rialto
By:

Print Name: Tanya Williams
Title: City Manager

CONSULTANT/ASSIGNOR
Fountainhead Consulting Corporation
By:

Print Name:

Title:

ASSIGNEE
Milestone CM Consulting, LLC
By:

Print Name:

Title:

ATTEST:

Barbara A. McGee, City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
By:

Eric S. Vail, City Attorney
302
4917-3916-7439 v1

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made as of this ____ day of September, 2026 (“Effective Date”), by and between the City of Rialto, a municipal corporation and California general law city (“City”), Fountainhead Consulting Corporation, a California Corporation (“Consultant” or “Assignor”), and Milestone CM Consulting, LLC, a California a limited liability company (“Assignee”). Collectively City, Consultant/Assignor, and Assignee are referred to as the “Parties.”

RECITALS
WHEREAS, on December 16, 2025, City entered into a Professional Services Agreement (“Agreement”) with Consultant/Assignor whereas Consultant/Assignor would provide interim Capital Improvement Project (“CIP”) manager services to City; and WHEREAS, on May 12, 2026, the Parties entered into a First Amendment to the Services Agreement (“First Amendment”) to extend the term of the Agreement through June 30, 2027 and to increase the total amount of compensation payable to Consultant under the Agreement; and WHEREAS, Section 4.5 of the Agreement expressly states that Consultant/Assignor shall not transfer, assign, convey, or hypothecate, the Agreement or any interest therein without the prior written consent of the City; and
WHEREAS, Consultant/Assignor will no longer be providing services and instead, all such work will be performed by Assignee, and Consultant/Assignor desires to assign all of its rights and obligations under the Agreement to Assignee; and
WHEREAS, the Parties desire to document and confirm City’s consent to the assignment and assumption of the Agreement as required under Agreement Section 4.5.

NOW, THEREFORE, in consideration of the mutual covenants herein and for other good and valuable consideration, the Parties agree as follows:

1. Recitals. The above recitals are true and correct and incorporated into this Amendment.

2. Assignment and Assumption. Consultant/Assignor hereby assigns, transfers, and conveys to Assignee all of Consultant/Assignor's rights, title, interest, duties, and obligations under the Agreement. Assignee hereby accepts the assignment and assumes all rights, responsibilities, obligations, and liabilities of Assignor under the Agreement as amended, as of the Effective Date referenced above.

3. City Consent. City hereby consents to the foregoing assignment and assumption, subject to the continued compliance with all terms and conditions of the Agreement. 303
4917-3916-7439 v1

4. Entire Agreement. This Assignment contains the full and complete understanding of the parties and supersedes all prior communications regarding this subject.

5. Governing Law. This Assignment shall be governed by the laws of the State of California.

6. No Waiver. Nothing in this Assignment shall be deemed or construed to waive or modify any provisions of the Agreement, including the City’s rights and remedies.

IN WITNESS WHEREOF, the Parties have executed this Assignment as of the date first written above.

CITY
City of Rialto
By:

Print Name: Tanya Williams
Title: City Manager

CONSULTANT/ASSIGNOR
Fountainhead Consulting Corporation
By:

Print Name:

Title:

ASSIGNEE
Milestone CM Consulting, LLC
By:

Print Name:

Title:

ATTEST:

Barbara A. McGee, City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
By:

Eric S. Vail, City Attorney
304
4917
-3916-7439 v1
305
Proposal to The City of Rialto for
Construction Management & Inspection Services for
Baseline Stormdrain - Contract Transfer
September 15, 2026
Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 306
September 10, 2026
Yazdan Emrani, P.E., Director of Public Works
City of Rialto
335 W Rialto Ave
Rialto, CA 92376
Subject: Proposal and Qualifications – Baseline Road Storm Drain Construction Management and Inspection Services
Dear Mr. Emrani:

Milestone CM Consulting, LLC is pleased to submit this Proposal and Qualifications to provide continued Construction Management, Inspection, and related construction support services for the City of Rialto’s Baseline Road Storm Drain Project.

Milestone proposes to assume the remaining services currently being performed under the City’s existing professional services authorization with Fountainhead Consulting Corporation. Milestone’s proposed team includes personnel already familiar with the project, construction activities, schedule, contractor coordination, field conditions, documentation requirements, and City procedures, allowing for continuity of services with minimal transition time.

The proposed transition is intended to be completed through a mutually agreed Assignment and Assumption Agreement involving the City, Fountainhead, and Milestone. Fountainhead is cooperating with Milestone and the City to facilitate an orderly transfer of the remaining services, responsibilities, project records, and available contract authorization associated with this assignment.

The City’s existing authorization for Baseline Road Storm Drain construction management and inspection services is $2,993,555. Based on the current transition estimate, approximately $858,000 is anticipated to have been billed, earned, or otherwise payable to Fountainhead through September 22, 2026, leaving an estimated remaining balance of $2,135,555.

Milestone acknowledges that its compensation for this assignment shall be not to exceed $2,135,555, subject to final reconciliation by the City of amounts payable to Fountainhead through the effective date of transition. If the final remaining balance is different than $2,135,555, Milestone’s not-to-exceed amount will be adjusted accordingly.

Milestone will not exceed the final authorized balance without prior written authorization from the City.

This approach allows the City to transition the remaining authorized services without increasing the existing project authorization while maintaining uninterrupted construction oversight, field coverage, and project continuity through construction and closeout.Milestone appreciates the opportunity to continue supporting the City of Rialto and looks forward to working with the City to successfully complete this important infrastructure project.

Sincerely,
Jessica Harvey, P.E.

Principal
Milestone CM Consulting, LLC
Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 307
General Understanding
The City of Rialto requires continued construction management, inspection, and project support services for the Baseline Road Storm Drain Project, which is currently under active construction.

Milestone CM Consulting, LLC understands that this assignment will transition the remaining services currently provided by Fountainhead Consulting Corporation while maintaining uninterrupted project oversight. Key priorities include continuity of field inspection, construction coordination, documentation, schedule and cost monitoring, contract administration, stakeholder coordination, and project closeout.

Milestone proposes to provide these services through personnel already familiar with the project, its field conditions, contractor activities, City procedures, and current issues, allowing for an efficient transition with minimal disruption.

All services will be performed within the remaining balance of the City’s existing authorization, after reconciliation of amounts previously billed, earned, or otherwise payable to Fountainhead. The confirmed remaining balance will establish Milestone’s not-to-exceed amount.

Key Priorities Milestone’s Understanding
Transition & Continuity Maintain uninterrupted construction management and inspection services during the transition from Fountainhead to Milestone.

Construction Progress Keep construction moving by monitoring field activities, sequencing, schedule impacts, and critical project milestones.

Contractor Coordination Provide clear direction, coordinate project teams, resolve field issues, and maintain accountability for timely completion of the work.

Cost & Contract Control Monitor project costs, quantities, pay applications, change requests, and remaining contract authorization to support informed decisions.

Construction Administration Support RFIs, submittals, correspondence, documentation, labor compliance, change management, and other required construction records.

Utility & Agency Coordination Coordinate with utilities, regulatory agencies, design consultants, contractors, and other stakeholders as required by construction activities.

City Reporting Provide concise and timely updates to Public Works leadership regarding progress, schedule concerns, cost issues, changes, and upcoming decisions.

Responsiveness & Closeout Provide immediate project support using personnel familiar with the work and carry the project through completion, acceptance, and closeout.

Milestone’s approach will emphasize proactive construction oversight, timely identification and resolution of field issues, clear communication with City staff and project stakeholders, and consistent monitoring of schedule, cost, quality, documentation, and contract requirements.

The overall goal is to provide the City with a responsive and experienced construction management and inspection team that maintains continuity during the transition, minimizes disruption to ongoing construction, and supports successful delivery of the Baseline Road Storm Drain Project through completion and closeout.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 308
Technical Understanding
The City of Rialto’s Baseline Road Storm Drain Project is an active, complex construction project requiring consistent field oversight, construction coordination, documentation, schedule and cost control, utility coordination, and timely resolution of field issues.

Milestone CM Consulting, LLC understands that successful completion of the project requires more than inspection alone.

The construction management team must maintain visibility across daily field activities, contractor progress, quantities, submittals, RFIs, changes, pay applications, schedule impacts, stakeholder coordination, labor compliance, and closeout requirements.

Milestone’s familiarity with the project and proposed use of personnel already involved with the work will support a seamless transition from Fountainhead while maintaining continuity of construction oversight and project knowledge.

Technical Area Construction Management & Inspection Focus Scope & Contract Compliance Confirm contractor work conforms to the contract documents, approved changes, City requirements, and applicable standards.

Schedule & Milestones Monitor contractor progress, critical activities, sequencing, schedule updates, delays, and upcoming construction milestones.

Budget & Cost Control Track quantities, progress payments, change requests, potential cost impacts, contingencies, and remaining project authorization.

Field Inspection Provide field observation and inspection of construction activities, workmanship, materials, quantities, and compliance with approved plans and specifications.

Submittals & RFIs Coordinate and track submittals, RFIs, design clarifications, field directives, and responses required to keep construction progressing.

Change Management Identify and document changed conditions, evaluate contractor requests, support cost and schedule review, and assist the City with change order administration.

Documentation & Compliance Maintain daily reports, photographs, quantity records, correspondence, labor compliance documentation, and other required project records.

Agency & Utility Coordination Coordinate with utilities, regulatory agencies, design consultants, contractors, and other stakeholders affected by construction activities.

Risk Management Identify schedule, cost, safety, utility, constructability, traffic, and contractual risks early and support timely resolution.

Progress Reporting & Closeout Provide concise reporting on progress, unresolved issues, upcoming decisions, and support punch list, acceptance, final records, and project closeout.

Milestone’s technical approach is centered on maintaining strong field presence, accurate documentation, proactive issue resolution, and consistent project controls so the City can complete the remaining work efficiently and with minimal disruption during the transition.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 309
Key CIP Challenges and Milestone Response
The Baseline Road Storm Drain Project is a major active construction effort requiring continuous coordination of field operations, contractor activities, inspection, schedule, cost, utilities, documentation, and stakeholder needs. Because the work is already underway, the transition in construction management and inspection services must be handled carefully to avoid gaps in project knowledge, field coverage, decision-making, or documentation. Milestone’s approach is to preserve continuity, maintain a strong field presence, identify issues early, and provide the City with timely information and recommendations so potential impacts can be addressed before they affect schedule, budget, quality, or overall project progress.

Project Challenge Why It Matters Milestone Response
Active Construction
Transition
A change in CM&I teams can create
gaps in oversight, documentation,
and project knowledge.

Use personnel familiar with the project to
maintain continuity and minimize
disruption.

Schedule & Critical
Activities
Delays in major storm drain work
can affect sequencing, traffic control,
and overall completion.

Monitor progress, upcoming activities,
schedule impacts, and contractor
recovery efforts.

Utility & Field Conflicts Existing utilities and unforeseen field conditions can delay work and
increase costs.

Identify conflicts early, coordinate with
responsible parties, and document
required decisions.

Change & Cost Control Changed conditions, quantity
growth, and contractor requests can
affect available funding.

Track potential changes, quantities, cost
impacts, and supporting documentation
before authorization.

Inspection & Quality
Control
Inadequate field oversight can result
in nonconforming work or costly
corrective action.

Maintain consistent inspection, verify
work against contract requirements, and
document deficiencies promptly.

Documentation &
Contract Administration
Incomplete records can complicate
payments, claims, changes, and
closeout.

Maintain accurate daily reports, photos,
quantities, RFIs, submittals,
correspondence, and payment records.

Agency, Utility &
Stakeholder
Coordination
Outside parties may affect access,
approvals, sequencing, or
construction activities.

Maintain active coordination and track
commitments, actions, and unresolved
items.

Milestone recognizes that the key challenges associated with the Baseline Road Storm Drain Project are closely interconnected. A utility conflict, unforeseen field condition, delayed submittal, change request, or missed inspection item can quickly affect sequencing, cost, schedule, and downstream construction activities. By maintaining consistent inspection coverage, accurate documentation, proactive coordination, and clear communication with the City, contractor, utilities, agencies, and other project stakeholders, Milestone will help the City minimize avoidable delays, maintain accountability, and keep the remaining work progressing toward successful completion and closeout.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 310
Construction Phase Management Approach
Project Schedule
Milestone will maintain active oversight of the contractor’s approved construction schedule, with emphasis on critical activities, sequencing, utility coordination, traffic control, submittals, RFIs, inspections, testing, and other items that may affect project completion.

Milestone will regularly compare planned activities against actual field progress and coordinate with the contractor, City staff, design team, utilities, and other stakeholders to identify schedule constraints early.

Particular attention will be given to:
● Critical path and near-critical activities
● Storm drain installation sequencing
● Utility conflicts and coordination
● Submittals, RFIs, and required design responses
● Traffic control and access impacts
● Testing, inspection, and acceptance activities
● Change orders and time impacts
● Project completion, punch list, and closeout milestones Where delays or conflicts occur, Milestone will evaluate the cause and potential schedule impact, coordinate appropriate recovery actions, and provide the City with clear recommendations regarding next steps.

The objective is to maintain a forward-looking understanding of construction progress, identify potential delays before they affect major milestones, and help keep the remaining work advancing toward timely completion.

Cost and Budget Control
Milestone understands that effective construction management requires clear visibility of contract values, quantities, progress payments, change requests, contingencies, and anticipated remaining costs. Milestone will monitor project expenditures and potential cost impacts throughout construction to help the City identify issues early and maintain control of the available project budget.

Key cost-control activities will include:
● Tracking contract quantities and earned work
● Reviewing contractor progress payments
● Monitoring change requests and potential extra work
● Evaluating quantity growth and unforeseen conditions
● Tracking approved and pending change orders
● Monitoring remaining contingency and authorization
● Maintaining supporting cost documentation
Milestone will also evaluate the cost implications of schedule delays, utility conflicts, differing site conditions, design clarifications, and other construction issues as they arise.

The goal is to provide the City with accurate, current cost information so potential impacts can be addressed early, changes can be properly documented, and the project can continue progressing within the available authorization.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 311
Funding / Grant Administration Support
Milestone will assist the City with tracking project funding, contract expenditures, progress payments, change orders, remaining authorization, and other cost-related documentation associated with the Baseline Road Storm Drain Project. This effort will help maintain a clear picture of committed, expended, and remaining project funds throughout construction.

Support may include coordination and review of contractor invoices, quantity verification, funding documentation, reimbursement support, and records needed for City review, audit, or grant compliance. Milestone will also help identify potential funding gaps, ineligible costs, pending financial obligations, or other issues that could affect construction progress or available contingency.

Environmental and Regulatory Coordination
Milestone will monitor environmental, permitting, and regulatory requirements applicable to the Baseline Road Storm Drain Project and coordinate with the City, regulatory agencies, utilities, consultants, and other affected parties as needed throughout construction.

Required approvals, permit conditions, mitigation measures, inspection requirements, reporting obligations, and compliance documentation will be tracked as part of the construction management process. Milestone will work to identify upcoming regulatory needs early and coordinate required actions so that compliance items do not create avoidable delays or impacts to the work.

Issue Resolution and Change Management
Milestone will maintain a clear process for identifying, documenting, evaluating, and resolving construction issues before they materially affect cost, schedule, quality, or project delivery. Potential changes may include unforeseen field conditions, utility conflicts, design clarifications, quantity variations, contractor requests, differing site conditions, and agency requirements.

Milestone will evaluate available options, coordinate with the appropriate parties, document potential cost and schedule impacts, and provide the City with concise recommendations before significant changes are authorized. Change-related documentation will be maintained to support transparency, accountability, and proper contract administration.

Program and Project Meetings
Milestone will participate in and facilitate meetings necessary to maintain construction progress, communication, and coordination. Meetings may include weekly construction progress meetings, field coordination meetings, utility discussions, design coordination, change review meetings, schedule discussions, and other project-specific meetings as required.

Milestone will provide concise project updates summarizing current progress, upcoming work, schedule concerns, cost issues, unresolved items, and decisions requiring City direction. Action items will be clearly identified, assigned, and tracked through resolution so that responsibilities remain clear and open issues continue moving toward closure.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 312
Construction Phase Deliverables
During construction, Milestone will provide the day-to-day construction management, inspection, coordination, documentation, and reporting necessary to support the City, design team, contractor, utilities, agencies, and other project stakeholders through completion of the Baseline Road Storm Drain Project.

Construction Documentation and Field Reporting
Milestone will maintain complete and accurate records of construction progress, contractor activities, field conditions, issues, and significant project decisions. Deliverables may include:
● Daily inspection reports and photographs
● Weekly and monthly progress reporting
● Safety and environmental compliance documentation
● Materials testing and inspection records
● Quantity and field measurement documentation
● Organized project correspondence and electronic files Schedule Review and Progress Tracking
Milestone will monitor the contractor’s construction schedule, compare planned activities to actual field progress, identify potential delays, and support timely corrective action. Deliverables may include:
● Baseline and updated schedule review
● Tracking of critical and near-critical activities
● Weekly Statements of Working Days
● Documentation of delays, constraints, and recovery efforts ● Coordination of upcoming work, inspections, traffic control, utility activities, and major milestones Cost and Payment Control
Milestone will review contractor payment requests and maintain clear records of construction quantities, changes, and project costs. Deliverables may include:
● Progress payment review and supporting documentation
● Verification of completed work, quantities, and stored materials ● Change order and potential change logs
● Budget, contingency, and remaining authorization tracking ● Independent cost evaluations and quantity reconciliation, as needed Change Management and Claims Avoidance
Milestone will identify and document potential changes early and assist the City in evaluating entitlement, cost, and schedule impacts before authorization. Deliverables may include:
● Review of contractor change requests
● Cost and schedule impact evaluations
● Documentation of differing site conditions, utility conflicts, and extra work ● Recommendations regarding proposed changes
● Maintenance of records supporting dispute and claim avoidance Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 313
Meetings and Coordination
Milestone will facilitate regular communication among the City, contractor, design team, inspectors, testing consultants, utilities, agencies, and other involved parties. Deliverables may include:
● Weekly construction meeting agendas and minutes
● Action item tracking
● RFI and submittal logs
● Coordination of utilities, traffic control, inspections, testing, and sequencing ● Timely escalation of issues requiring City direction
Project Controls and Compliance
Milestone will maintain the logs, records, and supporting documentation necessary to monitor project performance and contract compliance. Deliverables may include:
● RFI, submittal, change order, payment, and correspondence logs ● Labor compliance coordination and documentation
● Permit and regulatory compliance records
● Testing, inspection, and materials acceptance documentation ● Project filing and document control
Closeout and Record Documentation
Milestone will coordinate an organized closeout process and track completion of remaining construction and documentation requirements. Deliverables may include:
● Punch-list coordination and verification
● Record drawing and as-built coordination
● Final testing and acceptance documentation
● Final payment and change order reconciliation
● Final project document turnover
● Support for Notice of Completion and final acceptance Milestone’s construction phase services will emphasize consistent field presence, responsive communication, accurate documentation, timely issue resolution, and proactive management of project cost, schedule, quality, and risk. The objective is to preserve continuity through the transition and provide the City with the project controls and field oversight necessary to successfully complete and close out the remaining work.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 314
Closeout Approach
Milestone understands that successful project closeout begins well before the final day of construction. Throughout the Baseline Road Storm Drain Project, Milestone will maintain organized records so final inspection, acceptance, final payment, and turnover to the City can be completed efficiently.

Project records will be maintained in the City’s preferred document control system and will include daily reports, photographs, RFIs, submittals, testing and inspection records, change documentation, payment records, contractor redlines, and punch-list information. Closeout requirements will be tracked throughout construction rather than deferred until final completion.

Punch List and Final Inspection
As the project approaches substantial completion, Milestone will coordinate preliminary walkthroughs and final inspections with the City, contractor, design team, inspectors, testing consultants, and other required parties.

Punch-list items will be tracked by location, responsible party, required correction, target completion date, and verification status. Final inspections will confirm that completed work is consistent with the contract documents and applicable acceptance requirements.

Record Drawings and Final Documentation
Milestone will require the contractor to maintain current redline drawings and will periodically review them against approved RFIs, submittals, field directives, and change order work.

Final closeout documentation may include, as applicable:
● Final punch list and completion verification
● Record drawings and contractor redlines
● Final payment and change order documentation
● Materials testing and inspection records
● Warranties and manufacturer information
● Permit and inspection sign-offs
● Labor compliance documentation
● Final project photographs
● Final correspondence and document logs
Final Payment and Contract Completion
Before recommending final payment, Milestone will confirm that punch-list items are complete, required testing and certifications have been received, record drawings have been submitted, outstanding RFIs and submittals are closed, and required City approvals have been obtained.

Milestone will review the final payment application, retention release requirements, final change order reconciliation, and contract closeout documentation to provide the City with a complete and defensible record supporting contract completion.

Turnover to the City
At project completion, Milestone will provide the City with an organized closeout package supporting future maintenance, audit requirements, warranty administration, and reference. Milestone’s approach will focus on resolving open items early, avoiding last-minute documentation gaps, and delivering a complete project record.

Milestone CM Consulting, LLC | Baseline Storm Drain CM & Inspection Services Proposal 315
Proposal to The City of Rialto for
Capital Improvement Program Management Services
Interim CIP Manager - Contract Transfer
September 15, 2026
Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 316
September 10, 2026
Yazdan Emrani, P.E., Director of Public Works
City of Rialto
335 W Rialto Ave
Rialto, CA 92376
Subject: Proposal and Qualifications – Capital Improvement Program Management Services Dear Mr. Emrani:

Milestone CM Consulting, LLC is pleased to submit this Proposal and Qualifications to provide Capital Improvement Program Management Services to the City of Rialto Public Works Department.

Milestone proposes to provide these services through Kevin Austin, P.E., who has been actively supporting the City’s Capital Improvement Program and has developed extensive knowledge of the City’s active projects, consultants, schedules, budgets, funding requirements, agency coordination, and administrative processes. This existing involvement allows Milestone to provide immediate continuity of CIP leadership with minimal transition time.

Services may include overall CIP coordination; consultant and construction oversight; preparation and review of Council and administrative items; budgeting and scheduling; funding and grant coordination; procurement support; interagency coordination; contract administration oversight; and reporting to Public Works leadership.

The proposed transition is intended to be completed through a mutually agreed Assignment and Assumption Agreement involving the City, Fountainhead Consulting Corporation, and Milestone. Fountainhead in cooperation with Milestone and the City to will facilitate an orderly transfer of the remaining services, responsibilities, and available contract authorization associated with this assignment.

Milestone will provide these services on an hourly, as-needed basis in accordance with the attached Hourly Rate Schedule. The City’s existing authorization for these services is $295,000. Based on the current transition estimate, approximately $222,000 is anticipated to have been billed or otherwise payable to Fountainhead through September 22, 2026, leaving an estimated remaining balance of $73,000.

Milestone acknowledges that its compensation for this assignment shall be not to exceed $73,000, subject to final reconciliation by the City of amounts payable to Fountainhead through the effective date of transition. If the final remaining balance is different than $73,000, Milestone’s not-to-exceed amount will be adjusted accordingly.

Milestone will not exceed the final authorized balance without prior written authorization from the City.

This approach allows the City to transition the remaining authorized services without increasing the existing program authorization while maintaining continuity and flexibility based on the City’s needs. Milestone appreciates the opportunity to submit this proposal and looks forward to continuing to support the City of Rialto’s Capital Improvement Program.

Sincerely,
Jessica Harvey, P.E.

Principal
Milestone CM Consulting, LLC
Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 317
General Understanding
The City of Rialto requires experienced Capital Improvement Program management support to oversee and advance a diverse portfolio of public infrastructure projects through planning, design, procurement, construction, and closeout.

Milestone CM Consulting, LLC understands that effective CIP management requires more than oversight of individual projects. The role requires coordination across the City’s overall capital program, including project prioritization, consultant management, budgeting, scheduling, procurement, funding and grant compliance, interdepartmental coordination, Council actions, construction support, and regular reporting to Public Works leadership.

The City’s current program includes transportation, drainage, pavement rehabilitation, trails, fire station and facility improvements, traffic safety, accessibility, and other public infrastructure projects at various stages of delivery. Many of these efforts also require coordination with outside agencies, utilities, funding partners, design consultants, construction managers, inspectors, and contractors.

Milestone proposes to provide these services through Kevin Austin, P.E., whose existing involvement with the City’s Capital Improvement Program provides continuity and established knowledge of active projects, consultant teams, schedules, budgets, funding requirements, and current project issues. This familiarity allows Milestone to provide immediate support with minimal transition time.

Key Priorities Milestone’s Understanding
Program Oversight Maintain visibility across active and upcoming CIP projects, priorities, budgets, schedules, and delivery risks.

Project Advancement Keep projects moving through design, procurement, construction, acceptance, and closeout while addressing issues before they affect critical milestones.

Consultant & Contractor
Coordination
Provide clear direction, track deliverables, resolve conflicts, and maintain accountability among project teams.

Budget & Funding Monitor project budgets, consultant and construction expenditures, grant requirements, and available funding to support informed decisions.

Council & Administrative
Support
Assist with staff reports, agreements, amendments, awards, change orders, and other actions required to keep projects progressing.

Interagency Coordination Coordinate with utilities, regulatory agencies, regional partners, funding agencies, and other stakeholders as required by individual projects.

Executive Reporting Provide concise and timely updates to Public Works leadership regarding project status, upcoming decisions, schedule concerns, budget issues, and program priorities.

Continuity & Responsiveness Provide immediate, practical support based on existing knowledge of the City’s active CIP and established working relationships.

Milestone’s approach will emphasize proactive project tracking, timely identification and resolution of issues, clear communication with City leadership and project stakeholders, and consistent monitoring of scope, schedule, budget, funding, and administrative requirements.

The overall goal is to provide the City with a responsive and experienced CIP management resource that maintains project momentum, supports informed decision-making, and assists the Public Works Department in delivering its Capital Improvement Program efficiently and effectively.

Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 318
Technical Understanding
The City of Rialto’s Capital Improvement Program includes a diverse portfolio of projects progressing through planning, design, procurement, construction, and closeout. Effective CIP management requires consistent oversight of scope, schedule, budget, funding, consultant performance, agency coordination, and administrative actions.

Milestone CM Consulting, LLC understands that the CIP Manager must maintain visibility across the entire program while also engaging directly on individual projects when issues arise. The goal is to keep projects advancing, identify risks early, and provide Public Works leadership with clear information for timely decisions.

Technical Area CIP Management Focus
Scope Management Confirm project objectives, consultant responsibilities, deliverables, and scope changes.

Schedule & Milestones Track design submittals, approvals, bid dates, Council actions, construction milestones, and closeout deadlines.

Budget & Cost Control Monitor appropriations, consultant expenditures, construction costs, contingencies, and anticipated funding needs.

Design Management Coordinate consultants, track reviews, address constructability concerns, and advance bid-ready documents.

Procurement & Council Actions Support staff reports, agreements, amendments, bid awards, RFQs/RFPs, and related approvals.

Construction Oversight Provide management-level oversight of construction teams, schedules, pay estimates, changes, claims, and closeout.

Funding & Compliance Track grant requirements, reimbursement documentation, reporting deadlines, and applicable compliance obligations.

Agency & Utility Coordination Coordinate with Caltrans, SBCTA, utilities, regulatory agencies, railroads, and other stakeholders.

Risk Management Identify schedule, budget, permitting, right-of-way, utility, and contractual risks early.

Program Reporting Maintain concise status reporting on progress, upcoming actions, unresolved issues, and decisions needed.

Milestone’s technical approach is centered on maintaining accurate project controls, tracking critical dependencies, resolving issues before they affect delivery, and helping the City move each project efficiently toward its next milestone.

Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 319
Key CIP Challenges and Milestone Response
Managing a municipal Capital Improvement Program requires continuous coordination across multiple projects, consultants, funding sources, agencies, and delivery phases. Individual project issues can quickly affect schedule, budget, procurement, or Council timing if they are not identified and addressed early. Milestone’s approach is to maintain clear visibility across the overall program while focusing attention on the items most likely to affect project delivery. The following summarizes several of the recurring challenges associated with CIP management and Milestone’s proposed response.

CIP Challenge Why It Matters Milestone Response
Multiple Projects at
Different Stages
Projects may be in planning, design,
procurement, construction, or closeout at
the same time, creating competing
priorities.

Maintain program-level tracking, identify
near-term actions, and prioritize projects based
on schedule, funding, and operational needs.

Council and
Procurement Timing
Missing an agenda cycle, bid window, or
agreement approval can delay a project by
weeks or months.

Work backward from required action dates and
prepare staff reports, agreements, amendments,
awards, and supporting documents in advance.

Funding and Grant
Compliance
Grant-funded projects may include
reimbursement, reporting, authorization,
and expenditure deadlines.

Track funding requirements and coordinate
required documentation, reporting, approvals,
and reimbursement support.

Consultant
Performance and
Deliverables
Late or incomplete design and consultant
work can delay procurement and
construction.

Track deliverables, provide direction, coordinate
reviews, and elevate unresolved issues before
they affect milestones.

Agency, Utility, and
Third-Party
Coordination
Caltrans, SBCTA, utilities, railroads,
regulators, and property owners may
control critical project dependencies.

Maintain active coordination, document
commitments and action items, and identify
outside dependencies that may affect the critical
path.

Budget and Scope
Control
Scope growth, consultant amendments,
construction changes, and unforeseen
conditions can reduce available project
funding.

Maintain current budget information, evaluate
proposed changes, and provide leadership with
early notice of potential funding impacts.

Program Reporting
and Visibility
Leadership needs concise information to
understand status, risks, upcoming actions,
and where decisions are required.

Maintain clear project status reporting focused
on milestones, schedule, budget, risk, and next
actions.

Milestone recognizes that many CIP challenges are interconnected. A delayed utility relocation may affect the bid schedule; a late design deliverable may push a Council award; or an unresolved funding issue may delay construction authorization.

Effective CIP management therefore depends on understanding both the individual project and its relationship to the broader program.

By maintaining consistent project controls, actively coordinating with responsible parties, and identifying upcoming decisions early, Milestone will help the City reduce avoidable delays and keep projects moving toward successful delivery.

Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 320
Construction Phase Management Approach
Project Schedule
Milestone will maintain a program-level understanding of the City’s active and upcoming Capital Improvement Program schedules, with emphasis on key milestones, critical dependencies, Council actions, funding deadlines, consultant deliverables, procurement activities, construction starts, and project closeout.

Each project will be tracked based on its current phase and next required action. Milestone will work with City staff, consultants, contractors, agencies, and other stakeholders to identify schedule constraints early and keep projects advancing toward planned delivery dates.

Particular attention will be given to:
● Design submittal and review milestones
● Environmental, right-of-way, utility, and agency coordination ● Grant authorization, reimbursement, and expenditure deadlines ● Procurement, bid advertisement, award, and Notice to Proceed ● Council agenda and administrative approval dates
● Construction schedules and significant critical-path issues ● Consultant amendments and contract expiration dates
● Project acceptance, Notice of Completion, and closeout requirements Milestone will regularly compare planned milestones against actual progress and identify activities that may affect upcoming commitments. Where delays occur, Milestone will evaluate available options, coordinate recovery actions, and provide Public Works leadership with clear recommendations regarding schedule impacts and next steps.

The objective is to maintain a forward-looking CIP schedule that allows the City to anticipate upcoming decisions, coordinate resources, and reduce avoidable delays across the overall capital program.

Cost and Budget Control
Milestone understands that effective CIP management requires clear visibility of project budgets, funding sources, commitments, expenditures, contingencies, and anticipated future costs. Budget control will be maintained at both the individual project level and across the broader Capital Improvement Program. Milestone will monitor consultant agreements, construction contracts, amendments, change orders, invoices, encumbrances, grant funding, reimbursements, and remaining project balances to help identify potential funding issues before they affect delivery.

Key cost-control activities will include:
● Tracking approved project budgets and funding sources ● Monitoring consultant and construction expenditures
● Reviewing proposed amendments, change orders, and additional services ● Identifying potential budget shortfalls and funding needs ● Tracking contingencies and forecasted project completion costs ● Supporting grant reimbursement and funding documentation ● Coordinating budget adjustments and Council actions when required Milestone will also evaluate the financial impact of schedule changes, scope growth, utility conflicts, right-of-way requirements, unforeseen conditions, and other project risks as they arise. The goal is to provide Public Works leadership with current, reliable budget information so decisions can be made early, funding can be planned appropriately, and projects can continue advancing without avoidable financial delays.

Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 321
Funding / Grant Administration Support
Milestone will assist the City with tracking project funding sources, grant requirements, reimbursement documentation, expenditure deadlines, and other funding-related obligations. Support may include coordination of invoices, consultant and construction costs, grant reporting, funding agreements, reimbursement requests, and documentation needed for audit or agency review.

Milestone will also help identify potential funding gaps, ineligible costs, or upcoming deadlines that could affect project delivery and coordinate with City staff to address them early.

Environmental and Regulatory Coordination
Milestone will monitor environmental, permitting, and regulatory requirements that may affect individual CIP projects. This may include coordination with Caltrans, the Regional Water Quality Control Board, DTSC, utilities, railroads, environmental consultants, and other regulatory or permitting agencies.

Required approvals, reporting obligations, permit conditions, mitigation measures, and compliance deadlines will be tracked as part of the overall project schedule and status reporting.

Issue Resolution and Change Management
Milestone will establish a clear process for identifying, documenting, and resolving project issues before they affect cost, schedule, or delivery. Potential scope changes, consultant amendments, construction changes, agency requirements, funding impacts, and contractual issues will be evaluated and coordinated with the appropriate parties.

Milestone will provide Public Works leadership with concise recommendations regarding available options, potential impacts, and required decisions, while maintaining appropriate documentation of significant project actions.

Program and Project Meetings
Milestone will participate in and facilitate meetings necessary to maintain progress across the Capital Improvement Program. Meetings may include individual project coordination, design reviews, construction progress meetings, consultant meetings, agency coordination, and internal City discussions.

Milestone will also provide periodic executive-level CIP updates summarizing project status, schedule, budget, major risks, upcoming Council actions, and decisions requiring City direction. Action items will be clearly identified, assigned, and tracked through resolution.

Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 322
CIP Program Management Approach
Milestone will provide day-to-day management support across the City’s active Capital Improvement Program, with emphasis on maintaining project momentum, anticipating upcoming actions, and providing Public Works leadership with clear and timely information.

The CIP Manager will maintain visibility across projects in planning, design, procurement, construction, and closeout and will coordinate with City staff, consultants, contractors, agencies, utilities, and funding partners as needed to advance each project.

Program Management Activities
Milestone’s ongoing CIP management support may include:
● Maintaining current project status, schedule, budget, and next-action information ● Coordinating consultant deliverables and design review activities ● Preparing and reviewing Council items, agreements, amendments, and procurement documents ● Tracking grant, funding, permitting, and agency requirements ● Monitoring construction-phase issues requiring City direction ● Coordinating with other City departments, utilities, and outside agencies ● Identifying projects at risk of schedule or budget impacts ● Supporting development of upcoming CIP priorities and delivery strategies ● Maintaining action-item lists and following issues through resolution ● Providing concise updates to Public Works leadership
Forward-Looking Program Oversight
Milestone’s approach will focus on identifying what each project needs next rather than simply reporting current status.

Upcoming Council actions, procurement dates, consultant amendments, funding deadlines, utility coordination, construction starts, and closeout requirements will be identified early so the City has sufficient time to act.

Continuity of Program Knowledge
Because Kevin Austin, P.E. is already familiar with the City’s active Capital Improvement Program, Milestone can provide continuity across ongoing projects and maintain established coordination with consultants, contractors, City departments, and outside agencies.

Milestone’s goal is to function as an extension of Public Works staff, providing responsive management support that helps keep the City’s capital projects organized, coordinated, and moving toward successful delivery.

Milestone CM Consulting, LLC | Capital Improvement Program Management Services Proposal 323

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*
Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A financial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Name of Your Organization’s
Affected Member, Employee,
Paid or Unpaid Officer, Paid or
Unpaid Director, or Owner
Name of City Elected or
Appointed Official, City
Officer, a City Employee or
Consultant
Relationship Between the
Two
By submitting this [application/proposal], or supplying any goods or services to the City, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the City] that no City of Rialto elected or appointed official, employee or consultant has a financial or non-financial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section

2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity:

Title:

Signature: Date:

Form Date 11/11/2021
Milestone CM Consulting, LLC
Principal
8/17/2026
None
- Jessica Harvey, P.E.

None None
324

2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A “covered person” includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A “conflicting interest” includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) “Position” includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A “close relative” includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) “Participate in the making of a grant or contract” includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager’s response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager’s response shall be considered a public record. (5) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq. 325
(6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.
326
City of Rialto
Legislation Text
File #: 25-0498, Version: 1, Agenda #: TAB6
For City Council Meeting September 9, 2025
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Tim Sullivan, Assistant City Manager
Request City Council to: (1) Adopt Resolution No. 8406 Amending the 2025-2026 Fiscal Budget; (2) Award of a Construction Contract to C.P. Construction Co., Inc., in the amount of $29,107,522.20 for the Baseline Storm Drain Project, City Project No. 170700; (3) Authorize a Contract Change Order in the amount of $2,993,555.00 with Fountainhead Corporation Pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Baseline Storm Drain Project, City Project No. 170700; (4) Approve a Fourth Amendment for Construction Phase Services to Huitt-Zollars in the amount of $330,000.00 and to Extend the Term Limits of the Professional Services Agreement; (5) Delegate Authority to the City Manager to Approve Contract Change orders in the Cumulative Amount of $1,000,000; and (6) Authorize the City Manager or Their Designee to Execute all Related Documents.
(POWERPOINT)
(ACTION)

RECOMMENDATION
Staff requests that City Council:
1) Adopt Resolution amending the 2025-2056 Fiscal Budget; 2) Award a construction contract to C.P. Construction Co., Inc., in the amount of $29,107,522.20 for the Baseline Storm Drain Project, City Project No. 170700; 3) Authorize a contract change order request in the amount of $2,993,555.00 with Fountainhead Corporation pursuant to the City’s “on-call” agreement for construction management, inspection, and materials testing services for Baseline Storm Drain Project, City Project No. 170700;
4) Approve a fourth amendment for construction phase services to Huitt-Zollars in the amount of $330,000.00 and to extend the term limits of the professional services agreement; 5) Delegate authority to the City Manager to approve contract change orders in the cumulative amount of $1,000,000; and
6) Authorize the City Manager or their designee to execute all related documents.

BACKGROUND
In 2016, the San Bernardino County Flood Control District (SBCFCD) began development of the Cactus Basin System Improvements, which includes expanding the basins to increase storage capacity. On August 8, 2017, the City Council authorized staff to release a Request for Proposal for the design of the master-planned storm drain in Baseline Road from the Cactus Basin to Tamarind City of Rialto Page 1 of 5 Printed on 9/4/2025
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File #: 25-0498, Version: 1, Agenda #: TAB6
Avenue.

On June 26, 2018, the City Council awarded a professional services agreement to Huitt-Zollars Inc. for the design of the Baseline Master Plan Storm Drain from the Cactus Basin to Tamarind Avenue in the amount of $521,625.

On April 27, 2021, the City Council adopted a mitigated negative declaration, approved a first amendment to the professional services agreement with Huitt-Zollars in the amount of $44,000 for a not-to-exceed amount of $565,625 for Phase 1, and authorized advertisement for construction bids for Phase 1 of the Baseline Storm Drain Project, City Project, 170700. The project was originally anticipated to be split into two phases to allow for the easement, encroachment permits, and regulatory permits to be obtained during construction in phase 1, in anticipation of phase 2. The project has since been consolidated into a single, continuous project.

On September 12, 2023, City Council approved Tentative Parcel Map No. 2020-0001, Resolution No. 8141 Conditional Development Permit No. 2020-0002, Resolution 8142 Precise Plan of Design No. 2020-00012 and Resolution No. 8143 Environmental Assessment Review No. 2020-0003 for the Crow Holdings Industrial development (APN:0264-213-18) located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue. Crow Holdings Industrial agreed to grant the easement and a voluntary contribution of $3,000,000 towards the construction of the Baseline Storm Drain Project. The details were included in the Olive Grove Development Agreement Regarding Community Enhancement Contributions.

On September 10, 2024, the City Council authorized the release of bids for the Baseline Storm Drain Project.

ANALYSIS/DISCUSSION
The project consists of an approximately 2.0-mile-long storm drain system capturing ultimate flows north of Baseline Road. The storm drain line starts at the Tamarind Avenue/Baseline Road intersection and runs along Baseline Road to the outlet at Cactus Basin No. 3. A conceptual layout is included in Attachment 1.

On June 12, 2025, the City released RFB No. 25-042 for the Baseline Storm Drain Project, City Project No. 170700, and published the Notice Inviting Bids on the PlanetBids.com website. On July 31, 2025, the City received nine bids as follows:

A complete bid summary is included as Attachment 2. The engineer’s estimate was $20,000,000.

The lowest responsible and responsive bid was $29,107,522.20 submitted by C.P. Construction Co., Inc. Mike Bubalo Construction Co., Inc., the initial low bidder, requested staff to relieve Mike Bubalo Construction Co., Inc. of their bid submission due to a mathematical error on their end pursuant to Public Contract Code Section 5103. Staff reviewed the request and found that Mike Bubalo Construction Co. Inc.’s error is non-responsive to the contract requirements and would need to proceed with awarding to the next lowest responsive, responsible bidder. Staff reviewed the bid and found C.P. Construction Co. to be properly licensed and qualified. C.P. Construction Co., Inc.’s Disclosure Statement, Contractor’s License, and DIR verification documents are included as Attachment 3. Staff recommends that the City Council accept the bid received from C.P.

Construction Co., Inc. as the lowest responsible and responsive bid. A construction contract with City of Rialto Page 2 of 5 Printed on 9/4/2025
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Construction Co., Inc. as the lowest responsible and responsive bid. A construction contract with C.P. Construction Co., Inc. for the project is included as Attachment 4.

Construction Management, Inspection, and Materials Testing Services On April 12, 2022, the City Council approved an on-call agreement with Fountainhead Corporation for on-call construction management, inspection, and materials testing services for an initial three-year term, with two one-year optional extensions.

Staff has reviewed and recommends approval of the proposal provided by Fountainhead Corporation based on their prior constructability review of the project plans and their experience overseeing projects of this magnitude, similar in scope to the project. A copy of their proposal is included as Attachment 5. Fountainhead Corporation has provided a fee proposal of $2,993,555.00 to provide the required construction phase services through the duration of the project. A copy of Fountainhead Corporation’s Disclosure Statement is included in Attachment 6.

Construction Administration Services
On June 26, 2018, the City Council awarded a Professional Services Agreement to Huitt-Zollars Inc. for the design of the Baseline Master Plan Storm Drain from the Cactus Basin to Tamarind Avenue in the amount of $521,625. On April 27, 2021, the City Council adopted a mitigated negative declaration, approved a first amendment to the professional services agreement with Huitt-Zollars in the amount of $44,000 for a not-to-exceed amount of $565,625 for Phase 1, and authorized advertisement for construction bids for Phase 1 of the Baseline Storm Drain Project, City Project, 170700.

Considering the magnitude of the project, the City will need to retain Huitt-Zollars Inc.’s services for construction administrative tasks throughout construction. Staff has reviewed and recommends approval of the proposal provided by Huitt-Zollars, by a fourth amendment to their professional services agreement, having been the design team for the project, and their familiarity with the project since inception. Staff further recommends that the amendment extend their contract to allow for completion of the project. A copy of Huitt-Zollars’ proposal is included in the Fourth Amendment as Attachment 7. A copy of Huitt-Zollars’ Disclosure Statement is included in Attachment 8.

ENVIRONMENTAL IMPACT
The City has completed an analysis of potential environmental impacts associated with the Project.

Huitt-Zollars, Inc., on behalf of the City, acting as Lead Agency pursuant to CEQA, has prepared an Initial Study/Mitigated Negative Declaration (the “IS/MND”). At the April 27, 2021, council meeting, the City Council adopted a Mitigated Negative Declaration. A copy of the declaration is included as Attachment 9.

The Initial Study concluded and determined that the Project will not have a significant effect on the environment. During the construction phase, various mitigative monitoring and reporting actions will be implemented per the Mitigation Monitoring and Reporting Program (MMRP).

GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3 in the General Plan:

Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.

City of Rialto Page 3 of 5 Printed on 9/4/2025
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File #: 25-0498, Version: 1, Agenda #: TAB6
Approval of this action also complies with the following City of Rialto General Plan Goals and Policies:

Goal 3-6: Require that all developed areas within Rialto are adequately served with essential public services and infrastructure.

Policy 3-6.3: Require an increasing level of public safety infrastructure and service capability tied to population increase and increasing service demand.

Policy 3-6.4: Complete infrastructure master plans for sewer, water, and drainage.

Goal 3-7: Upgrade public infrastructure as an inducement to promote private investment.

Goal 5-2: Minimize the risk and damage from flood hazards.

Policy 5-2.5: Require that any structure proposed within an officially designated 100-year floodplain, or other floodplain as determined through geotechnical investigation, be designed in a manner that does not negatively impede or redirect floodwaters or raise anticipated flood heights.

LEGAL REVIEW
The City Attorney’s Office has reviewed the construction contract and amendment to the professional services agreement and approved them as to form.

FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not affect the Operating Budget.

Capital Improvement Budget Impact
The project is currently funded through the Storm Drain Development Impact Fee (DIF) Fund, Account No. 22304720-53001-170700, with an initial allocation of $12,500,000 and a remaining budget of $11,774,113. To accommodate the full scope of administration, construction, and construction support services, staff recommends appropriating an additional $21,156,964.20 from the Storm Drain DIF fund balance and $500,000 from the Capital Project Fund, Account No. 33004720- 53001.

The Storm Drain DIF fund balance is estimated at $33,069,783.91 at the end of Fiscal Year 2024- 2025. Upon approval of these recommended appropriations, the estimated fund balance will be $138,706.71.

Following the adoption of the requested budget resolution, the construction contract with C.P.

Construction Co., Inc., in the amount of $29,107,522.20 will be funded from the Storm Drain DIF account, Account No. 22304720-53001-170700-05. Additionally, staff recommends delegating authority to the City Manager to approve contract change orders in the cumulative amount of $1,000,000, funded by $500,000 from the Storm Drain DIF account, Account No. 22304720-53001- 170700-05, and $500,000 from the Capital Project Fund, Account No. 33004720-53001-170700-22.

The contract change order request with Fountainhead Corporation in the amount of $2,993,555 and City of Rialto Page 4 of 5 Printed on 9/4/2025
powered by Legistar™3304
File #: 25-0498, Version: 1, Agenda #: TAB6
The contract change order request with Fountainhead Corporation in the amount of $2,993,555 and the fourth amendment for construction phase services to Huitt-Zollars in the amount of $330,000 will be funded from the Storm Drain DIF account, Account No. 22304720-53001-170700-16/15.

Licensing
C.P. Construction Co., Inc. and Fountainhead will pay a Business License Tax prior to commencing the services for this project.

ATTACHMENTS
Conceptual Layout - Baseline Storm Drain
Bid Results
CP Construction Co., Inc. Disclosure Form
CP Construction Co., Inc. Contract
Fountainhead Proposal
Fountainhead Disclosure Agreement
Huitt-Zollars 4th Amendment
Huitt-Zollars Disclosure Agreement
Initial Study/Mitigated Negative Declaration
Resolution
PowerPoint Presentation
City of Rialto Page 5 of 5 Printed on 9/4/2025
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ATTACHMENT 1
3326
City of Rialto
Bid Results for Project Baseline Storm Drain, 170700 (25‐042) Issued on 06/12/2025Bid Due on July 31, 2025 2:00 PM (PDT) Item
Number
Description Unit of Measure Quantity Mike Bubalo Construction Co., Inc.

C.P. Construction
Co., Inc. Griffith Company Weka, Inc. Downing Construction, Inc. Leatherwood Construction, Inc. Big Ben Inc. Mladen Buntich Construction Company Inc. Steve P. Rados, Inc. 1 Mobilization LS 1 $775,000.00 $500,000.00 $1,305,897.71 $643,719.00 $1,000,000.00 $1,200,000.00 $993,000.00 $1,100,000.00 $1,350,000.002 Temporary Traffic Control LS 1 $150,000.00 $400,000.00 $619,000.00 $250,000.00 $360,000.00 $864,000.00 $29,730.00 $700,000.00 $10,353,000.00 3 Water Pollution Control LS 1 $275,000.00 $30,000.00 $43,605.00 $140,000.00 $100,000.00 $10,000.00 $100,000.00 $250,000.00 $2,000,000.004 Mitigation Monitoring and Reporting Program LS 1 $100,000.00 $25,000.00 $16,903.00 $10,000.00 $90,000.00 $50,000.00 $40,000.00 $1.00 $10,000.00 5 Construction Surveying LS 1 $100,000.00 $85,000.00 $90,000.00 $50,000.00 $53,000.00 $235,000.00 $60,000.00 $150,000.00 $100,000.00 6 Traffic Striping, Signage & Markings LS 1 $100,000.00 $85,000.00 $168,000.00 $65,000.00 $56,413.00 $125,000.00 $100,000.00 $100,000.00 $200,000.00 7 Quality Control Materials Testing LS 1 $150,000.00 $250,000.00 $122,500.00 $325,000.00 $150,000.00 $500,000.00 $15,000.00 $500,000.00 $100,000.00 8 Clearing, Grubbing, and Removals LS 1 $250,000.00 $500,000.00 $92,300.00 $40,519.00 $200,000.00 $500,000.00 $15,000.00 $600,000.00 $500,000.00 9 Construct 6'X12' RCB per SPPWC STD Plan 390‐1 LF 3375 $7,425,000.00 $11,137,500.00 $7,911,000.00 $9,315,000.00 $7,023,375.00 $8,049,375.00 $12,588,750.00 $8,606,250.00 $6,750,000.00 10 Construct 7'X7' RCB per SPPWC STD Plan 390‐1 LF 1672 $2,340,800.00 $1,881,000.00 $2,407,680.00 $3,452,680.00 $2,273,920.00 $2,006,400.00 $3,962,640.00 $2,499,640.00 $2,508,000.00 11 Construct 3'X10' RCB with Joint Seals per SPPWC STD Plan 390‐1 LF 510 $867,000.00 $734,400.00 $2,266,950.00 $1,147,500.00 $928,200.00 $948,600.00 $1,677,900.00 $1,785,000.00 $867,000.00 12 Construct 72" RCP (Pipe Class per Plan) LF 1247 $748,200.00 $823,020.00 $1,059,950.00 $2,032,610.00 $1,306,856.00 $810,550.00 $2,057,550.00 $1,007,576.00 $1,808,150.00 13 Construct 84" RCP (Pipe Class per Plan) LF 4630 $3,704,000.00 $3,412,310.00 $5,093,000.00 $8,009,900.00 $5,301,350.00 $4,213,300.00 $9,584,100.00 $5,000,400.00 $6,945,000.00 14 Construct 48" RCP (Pipe Class per Plan) LF 91 $45,500.00 $33,233.20 $121,940.00 $100,100.00 $90,181.00 $72,345.00 $83,811.00 $73,528.00 $36,400.00 15 Construct 36" RCP (Pipe Class per Plan) LF 456 $182,400.00 $88,920.00 $232,560.00 $456,000.00 $342,456.00 $273,600.00 $362,976.00 $310,536.00 $171,000.0016 Construct 30" RCP (Pipe Class per Plan) LF 299 $104,650.00 $67,275.00 $254,150.00 $299,000.00 $237,406.00 $212,290.00 $235,612.00 $170,131.00 $149,500.0017 Construct Junction Structure Pipe to RCB per SPPWC STD Plan 333‐2 EA 8 $40,000.00 $40,000.00 $116,800.00 $42,400.00 $31,200.00 $57,600.00 $284,704.00 $96,000.00 $40,000.00 18 Construct Manhole Pipe to Pipe per SPPWC STD Plan 320‐2 with 24" Manhole Shaft EA 16 $320,000.00 $200,000.00 $384,000.00 $304,000.00 $298,880.00 $272,000.00 $641,392.00 $256,000.00 $160,000.0019 Construct Curb Opening Catch Basin per SPPWC STD Plan 300‐4 (Width per Plan) Including Local Depression and Remove and Replace Paving as Necessary EA 14 $42,000.00 $392,000.00 $354,200.00 $224,000.00 $203,350.00 $212,800.00 $521,640.00 $350,000.00 $280,000.0020 Construct Reinforced Concrete Bulkhead for 36" Reinforced Concrete Pipe (RCP) per Riverside County STD Detail M816. EA 1 $5,000.00 $1,000.00 $670.00 $2,000.00 $1,475.00 $7,800.00 $20,830.00 $2,000.00 $1,000.00 21 Construct Pressure Manhole Shaft and Pressure Plate per SPPWC STD Plan 329‐2 EA 15 $75,000.00 $120,000.00 $390,000.00 $390,000.00 $160,950.00 $189,000.00 $418,230.00 $300,000.00 $300,000.00 22 Construct Transition Structure Single RCB to Single RCB per SPPWC STD Plan 341‐2 EA 2 $100,000.00 $30,000.00 $144,800.00 $120,000.00 $144,000.00 $116,000.00 $117,140.00 $150,000.00 $80,000.0023 Construct Transition Structure Pipe to RCB per SPPWC STD Plan 342‐2 EA 10 $500,000.00 $125,000.00 $469,000.00 $550,000.00 $520,000.00 $545,000.00 $423,530.00 $550,000.00 $200,000.0024 Construct Manhole Concrete Box Storm Drain per SPPWC STD Plan 323‐2 with 36" Shaft EA 22 $132,000.00 $29,700.00 $770,000.00 $110,000.00 $134,200.00 $162,800.00 $798,248.00 $374,000.00 $88,000.0025 Construct Concrete Collar Per SPPWC STD Plan 380‐4 EA 8 $16,000.00 $12,000.00 $31,200.00 $19,200.00 $19,000.00 $28,800.00 $163,720.00 $20,000.00 $8,000.0026 Construct Grated Catch Basin per SPPWC STD Plan 303‐3 EA 3 $60,000.00 $75,000.00 $66,000.00 $45,000.00 $37,350.00 $52,800.00 $64,980.00 $66,000.00 $60,000.0027 Construct Modified Local Depression and Modified Catch Basin per Detail 19‐1 and 19‐2 EA 11 $275,000.00 $330,000.00 $451,000.00 $264,000.00 $239,800.00 $286,000.00 $186,098.00 $209,000.00 $330,000.0028 Construct Catch Basin Graded Inlet Insert Filter, Model per Plan per Detail 20 EA 3 $60,000.00 $12,000.00 $7,500.00 $15,000.00 $1,020.00 $26,700.00 $5,901.00 $60,000.00 $3,000.0029 Construct Rubber Duckbill Valve per Detail 21 EA 4 $80,000.00 $300,000.00 $56,000.00 $48,000.00 $53,200.00 $51,200.00 $41,944.00 $48,000.00 $60,000.0030 Construct Concrete Encasement per Detail 22 LF 70 $56,000.00 $175,000.00 $15,400.00 $21,000.00 $14,420.00 $70,000.00 $65,800.00 $105,000.00 $38,500.0031 Construct Catch Basin Curb Inlet Insert Filter, Model per Plan per Detail 23 EA 14 $84,000.00 $350,000.00 $28,000.00 $44,800.00 $35,000.00 $71,400.00 $73,402.00 $70,000.00 $11,200.0032 Construct Local Depression per SPPWC STD Plan 313‐4 EA 3 $15,000.00 $75,000.00 $11,790.00 $8,400.00 $9,150.00 $15,600.00 $20,922.00 $45,000.00 $9,000.0033 Construct Outlet per Detail 25 on Sheet 4 and Caltrans STD D83 B EA 1 $10,000.00 $45,000.00 $22,800.00 $26,000.00 $37,000.00 $56,100.00 $39,241.00 $42,000.00 $15,000.0034 Construct Type A Wingwalls per Caltrans STD D84 EA 2 $60,000.00 $90,000.00 $144,000.00 $80,000.00 $72,000.00 $136,400.00 $54,162.00 $100,000.00 $90,000.00 35 Construct Utility Opening‐Wall per Caltrans STD 82 EA 1 $10,000.00 $30,000.00 $14,500.00 $4,000.00 $6,000.00 $3,900.00 $13,948.00 $1.00 $5,000.0036 Construct Riprap Apron, Per Detail 28 on Sheet 4 EA 1 $30,000.00 $25,000.00 $38,250.00 $8,000.00 $100,000.00 $36,800.00 $12,219.00 $6,000.00 $50,000.00 37 Trenching Excavation per City of Rialto STD SC‐231 CY 134168 $4,025,040.00 $2,683,360.00 $1,610,016.00 $1,341,680.00 $9,123,424.00 $14,087,640.00 $1,475,848.00 $12,745,960.00 $6,708,400.00 38 Install Flap Gate per Detail 30 EA 2 $90,000.00 $190,000.00 $118,000.00 $60,000.00 $124,000.00 $114,000.00 $28,838.00 $60,000.00 $130,000.00 39 Construct Grates per SPPWC STD Plan 311‐3 EA 36 $90,000.00 $342,000.00 $57,600.00 $32,400.00 $32,400.00 $32,400.00 $65,880.00 $36,000.00 $36,000.00 40 Construct Manhole Pipe to Pipe (Large Side Inlet) per SPPWC STD Plan 322‐2 with 24 Manhole Shaft EA 10 $200,000.00 $150,000.00 $264,350.00 $240,000.00 $255,000.00 $196,000.00 $173,530.00 $160,000.00 $150,000.00 41 Construct Junction Structure Pipe to Pipe per SPPWC STD Plan 331‐3 EA 11 $22,000.00 $27,500.00 $102,300.00 $44,000.00 $33,385.00 $17,600.00 $111,969.00 $22,000.00 $22,000.0042 Construct 24 RCP (Pipe Class per Plan) LF 90 $27,000.00 $20,250.00 $72,900.00 $90,000.00 $69,210.00 $71,550.00 $77,040.00 $45,000.00 $18,000.00 43 Improve Existing Ramp to Maintain 40' Minimum Clearance from Rip Rap Pad LS 1 $25,000.00 $50,000.00 $42,000.00 $12,000.00 $8,135.00 $8,500.00 $21,816.00 $1.00 $10,000.00 44 Trench Repair per City of Rialto STD SC‐231 SF 204320 $1,021,600.00 $1,225,920.00 $2,247,520.00 $2,043,200.00 $1,624,344.00 $2,554,000.00 $1,838,880.00 $1,583,480.00 $2,451,840.00 45 Adjust Valve Cover to Grade per City of Rialto STD W‐719 EA 1 $1,000.00 $450.00 $1,900.00 $250.00 $300.00 $550.00 $1,574.00 $1,000.00 $1,500.00 46 Construct Asphalt Concrete Dike per City of Rialto STD No. SC‐233 LF 28 $2,800.00 $3,500.00 $14,980.00 $840.00 $9,800.00 $5,600.00 $896.00 $2,800.00 $12,600.00 47 Remove and Replace Existing Sidewalk per City of Rialto City STD SC 203 and SC 204 EA 14 $56,000.00 $35,000.00 $68,600.00 $42,000.00 $65,030.00 $84,000.00 $19,530.00 $84,000.00 $35,000.00 48 Sawcut and Remove Existing Cross Gutter and Fillet, Replace per City of Rialto STD SC‐216 LF 100 $10,000.00 $6,000.00 $45,000.00 $6,000.00 $53,500.00 $60,000.00 $15,400.00 $20,000.00 $8,000.00 49 Sawcut and Remove Existing Curb and Gutter EA 11 $22,000.00 $22,000.00 $2,607.00 $1,650.00 $4,169.00 $228,800.00 $33,792.00 $110,000.00 $22,000.00 50 Sawcut and Remove Conflicting Portion of Raised Median and Curb. Reconstruct Median and Curb to Match Existing per City of Rialto Std SC‐202 EA 6 $12,000.00 $30,000.00 $168,000.00 $18,000.00 $148,860.00 $112,200.00 $37,428.00 $36,000.00 $45,000.00 51 Cold Plane Existing Asphalt Concrete a Minimum 0.1' Depth and Reconstruct Asphalt Concrete to Match Existing per City of Rialto STD SC‐231 SF 205528 $273,352.24 $616,584.00 $369,950.40 $308,292.00 $271,296.96 $462,438.00 $411,056.00 $256,910.00 $308,292.00 52 Adjust Manhole Rim to Grade per City of Rialto STD SS‐201 EA 14 $14,000.00 $17,500.00 $52,640.00 $16,800.00 $11,900.00 $9,450.00 $22,036.00 $21,000.00 $21,000.00 53 Sawcut and Remove Existing Curb and Reconstruct per City of Rialto STD SC‐202 LF 5100 $153,000.00 $382,500.00 $1,392,300.00 $443,700.00 $255,000.00 $331,500.00 $657,900.00 $357,000.00 $408,000.00 54 Furnish and Install 4" of Decomposed Granite Per Detail on Sheet 25 SF 16590 $165,900.00 $331,800.00 $207,375.00 $24,885.00 $82,950.00 $91,245.00 $82,950.00 $132,720.00 $49,770.00 55 Install Concrete Mow Curb per Detail on Sheet 25 LF 2050 $30,750.00 $41,000.00 $434,600.00 $28,700.00 $51,250.00 $92,250.00 $190,650.00 $92,250.00 $61,500.00 56 Remove and Relocate Existing Fire Hydrant EA 1 $25,000.00 $20,000.00 $13,900.00 $8,500.00 $5,968.04 $16,000.00 $7,868.00 $5,000.00 $20,000.00 57 Construct Asphalt Concrete Dike per City of Rialto STD C‐233 LF 28 $2,240.00 $2,800.00 $12,264.00 $980.00 $9,800.00 $5,600.00 $5,740.00 $5,600.00 $12,600.00 58 Field Orders LS 1 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $25,956,232.24 $29,107,522.20 $33,020,148.11 $33,826,705.00 $34,270,874.00 $41,450,483.00 $41,554,741.00 $41,878,784.00 $46,608,252.00 7 333

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIAL TO*
Pursuant to City of Rialto Code of Ordinances Section 2.48.145, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A fmancial interest shall mean any interest that is prohibited under state law, including California Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 et seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Code of Ordinances Section 2.48.140 (attached here).

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are ( or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Name of Your Organization's Name of City Elected or Relationship Between the Affected Member, Employee, Appointed Official, City Two Paid or Unpaid Officer, Paid or Officer, a City Employee Unpaid Director. or Owner or Consultant
N / P<;
/
By submitting [thiSII application/proposal], or supplying any goods or services to the city, the [applicant/vendor/contractor/consultant] hereby attests under penalty of perjury, personally and/or on behalf of the entity [submitting this application/proposal or supplying any goods or services to the city] that no City of Rialto elected or appointed official, employee or consultant has a fmancial or non-fmancial interest, as such terms are defined in California Government Code Sections 1090 and 87100 and in City of Rialto Code of Ordinances Section 2.48.145, in the [applicant/vendor/contractor/consultant], except as specifically disclosed herein.

Name of Person/Entity: John Blough, C.P. Construction Co., Inc.

Title: Secretary
Signarure: � /i�f1{:

Ordinance 1655 must be attached
Form Date: 06/09/2021
Date: 7-31-2025
N / P<; N / P<;
3348
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34519
JUNE 2025 AGREEMENT (CONSTRUCTION CONTRACT) - PAGE 1
4891-9294-0556 v.1 Revised 4/13/21

AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 9
th day of September, 2025, by and between the City of
Rialto, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, hereinafter designated as the City, and C.P. Construction Co. Inc., a California corporation, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Scope of Work for the Project entitled:

BASELINE STORM DRAIN
CITY PROJECT NO. 170700
The Work comprises furnishing all materials, equipment, tools, labor and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project.

The general items of work to be performed hereunder include but are not limited to:
installation of new, removal, repair and/or replacement of all items including curbs, gutters, fence, safety railing, paving, sidewalks, erosion control, storm drain infrastructure, signing/ striping and all appurtenant work all appurtenant work on Baseline Road between Tamarind Ave and Cactus Ave.

All work shall be done in accordance with these bid documents, the approved project drawings, the City of Rialto Standard Plans and Specifications, latest edition, the Standard Specifications for Public Works Construction latest edition, and all supplements and addendums thereto.

The scope of work will also include: securing the job site through the duration of the project; protection of the general public during the course of construction; existing utility coordination and protection; removal and transportation and legal disposal of all trash, debris, and/or other unsuitable material (if any); maintaining the site in a clean and workable manner; cleanup of the site at the end of each working day; and all other associated work with the proposed storm drain improvements.

ARTICLE 2 – COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified 34620
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in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed.

ARTICLE 3 – CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s). The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is Twenty-Nine Million One Hundred Seven Thousand Five Hundred Twenty-Two Dollars and Twenty Cents ($29,107,522.20).

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 – THE CONTRACT DOCUMENTS
The Contract Documents consist of this executed Agreement; the Bid Package, which may include, but is not limited to, the Notice Inviting Bids, Instructions to Bidders, Request for Bid or Proposal (RFB/RFP), Front End Specifications; Bidder’s Proposal; Plans; Notice of Award; Notice to Proceed; General Conditions; Supplementary General Conditions; Exhibits; Standard Specifications; Standard Specifications for Public Works Construction “Greenbook”; City of Rialto Standards; Caltrans Standard Specifications, if applicable; Drawings; all Bonds and Insurance required; any Addenda; and Change Orders.

In the event of a conflict between component parts of the Contract Documents, the document highest in precedence shall control. The precedence shall be:

1. Change Orders and Supplemental Agreements, whichever occurs last;

2. Agreement

3. Addenda

4. General Conditions and Supplementary General Conditions

5. Specifications (Special Provisions)

6. Project Plans
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7. Standard Drawings, Details, and Standard Specifications as referenced in the Plans and Specifications

8. Notice of Inviting Bids, Instructions to Bidders, Request for Bid or Proposal, Bidders Proposal, Notice of Award, Notice to Proceed, Pre-bid Information, Bidding Requirements, Exhibits, Bonds and Insurance

9. Greenbook, City of Rialto Standards, Caltrans Standard Specifications ARTICLE 5 – CONTRACT TIME
Contractor shall commence the Work on the date specified in the Notice to Proceed. The Work shall be fully completed within four hundred and eighty (480) working days (“Contract Time”) from the date of commencement specified in the Notice to Proceed, as modified pursuant to the terms of the Contract Documents. Time is of the essence in the performance of all obligations under these Contract Documents, and all timing requirements shall be strictly adhered to unless otherwise modified by the City in writing.

ARTICLE 6 – LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the City, as liquidated damages and not as a penalty, the sum of nine thousand two hundred dollars ($9,200) for each calendar day after the expiration of the Contract Time per area that the Work remains incomplete. The City and Contractor agree that in the event that the Work is not completed within the Contract Time, the City’s damages would be extremely difficult or impracticable to determine and therefore the City and Contractor agree that the amount stated herein is a reasonable estimate of the amount of such damages. The City may deduct any liquidated damages owed to the City, as determined by the City, from any payments otherwise payable to Contractor under this Contract. Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the Work within the Contract Time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if Contractor abandons the Work. In such event, Contractor shall be liable to the City for all losses incurred.

ARTICLE 7 – MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements and shall pay the general prevailing rate of per diem wages as 34822
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determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 8 – PAYMENT PROCEDURES
By submitting an invoice for payment under this Contract, Contractor is certifying compliance with all provisions of the Contract. The invoice shall detail charges for all necessary and actual expenses. City may independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.

ARTICLE 9 – NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice.

ARTICLE 10 -- INDEMNIFICATION
To the full extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the Work, operations, or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), arising from Contractor’s reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the Work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of the Work. The provisions of this Article do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

ARTICLE 11 – NON-DISCRIMINATION
The Contractor represents and agrees that it does not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, sexual orientation, gender, gender identity, or national origin in any matter including without limitation employment upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.

ARTICLE 12 – MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

No term or provision hereof shall be deemed waived and no default or breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented to such breach. The consent by any party to or waiver of, a breach or default by the other, shall not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach or default.

The Contractor shall be responsible for complying with all local, state, and federal laws, whether or not said laws are expressly stated or referred to in the Contract Documents. 35024
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The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

ARTICLE 13 – INSURANCE

13.1 Insurance Coverages.

The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Contractor and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified 35125
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endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.

13.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

City, its respective elected and appointed officers, directors, officials, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees, or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Article 8.

In the event the Contractor subcontracts any portion of the work, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain 35226
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pursuant to this Agreement, and such certificates and endorsements shall be provided to City.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF RIALTO, CALIFORNIA, a
municipal corporation
C.P. CONSTRUCTION CO. INC., a
California corporation
By By
Tanya Williams
City Manager
Name & Title
ATTEST:

By By
Barbara A. McGee Name & Title
City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
By
Eric S. Vail **Two signatures are required if a
City Attorney corporation**
35428
Storm Drain Improvement Plans for
Baseline Road Line D
June 17, 2025
Submitted by
Proposal for
The City of Rialto
35529
7950 Cherry Avenue, Suite 103 | Fontana, California 92336 | 909.730.4913 | www.fountanheadcorp.com

FOR CITY OF RIALTO

CONSTRUCTION MANAGEMENT, INSPECTION AND

MATERIALS TESTING SERVICES
Rialto Storm Drain Improvement Plans for Baseline Road Line D COST PROPOSAL – June 17, 2025
Limitations & Conditions:

1. Construction duration is estimated at 480 working days.

2. Inspectors will be fully equipped with vehicles, computers, tools, and equipment required to perform their tasks.

3. Overtime and weekend work is not included. Overtime is to be charged at 1.5 the above rate for inspection work only.

4. Cost proposal is subject to prevailing wage rates and prevailing wage rate changes for inspection. 35630
Field Technician
Trench Backfill - Observations & Density Testing 800 hours @ 130.00 $ /hour 104,000.00 $ Subgrade/Aggr. Base - Observations & Density Testing 160 hours @ 130.00 $ /hour 20,800.00 $ Asphalt Concrete - Observations & Density Testing 80 hours @ 130.00 $ /hour 10,400.00 $ Concrete - Sampling and Testing 48 hours @ 130.00 $ /hour 6,240.00 $ Subtotal 141,440.00 $
Trench Backfill, Subgrade and Aggregate Base Materials
Proctor Density D 1557, D 698 10 tests @ 220.00 $ /test 2,200.00 $ Sand Equivalent, D 2419, CT 217 4 tests @ 125.00 $ /test 500.00 $ Sieve Analysis, D 422, CT 202 4 tests @ 145.00 $ /test 580.00 $ Durability Index, CT 229 2 tests @ 175.00 $ /test 350.00 $ R-Value, D 2844, CT301 2 tests @ 375.00 $ /test 750.00 $ AC Materials
Hveem Stability and Unit Weight, D 1560, CT 366 5 tests @ 225.00 $ /test 1,125.00 $ Extraction, % Asphalt, incl. Gradation, D 2172, CT 382 5 tests @ 250.00 $ /test 1,250.00 $ Concrete Materials
Compressive Strength, C39 30 tests @ 35.00 $ /test 1,050.00 $ Subtotal $ 7,805.00
Field Vehicle Usage hours @ 15.00 1,088 $ /hour 16,320.00 $ Field Equipment Usage hours @ 15.00 1,088 $ /hour 16,320.00 $ Subtotal $ 32,640.00
Principal Engineer/Geologist/Environmental Scientist 8 hours @ 250.00 $ /hour 2,000.00 $ Project Engineer/Geologist/Environmental Scientist 60 hours @ 210.00 $ /hour 12,600.00 $ Field Operations Manager 8 hours @ 150.00 $ /hour 1,200.00 $ Geotechnical Assistant (Dispatcher) 20 hours @ 120.00 $ /hour 2,400.00 $ Subtotal $ 18,200.00
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 250.00 $ /hour 500.00 $ Project Engineer/Geologist/Environmental Scientist 10 hours @ 210.00 $ /hour 2,100.00 $ CAD Operator/Technical Illustrator 16 hours @ 140.00 $ /hour 2,240.00 $ Data Processor 6 hours @ 95.00 $ /hour 570.00 $
Subtotal $ 5,410.00
TOTAL ESTIMATED FEE $ 205,495.00
Table 1 - Breakdown of Estimated Fee
Report Preparation
Field Services
Project Coordination, Management and Technical Support (including 4 meetings) Laboratory Analysis
Reimbursables
Ninyo & Moore | City of Rialto – Storm Drain Improvements – Baseline Road Line D, Rialto, California | 04-04735A | April 7, 2025 357 131 Ninyo & Moore | City of Rialto – Storm Drain Improvements – Baseline Road Line D, Rialto, California | 04-04735A | April 7, 2025 CA16 PW Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst.............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator ......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 220 Field Operations Manager....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................ $ 135 Senior Technician.................................................................................................................................................... $ 135 Technician................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor........................................................................................................................................................ $ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr State of California Prevailing Wage Surcharge................................................................................................... $ 30/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 15/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment $ 15/hr
Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Our field services, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field services that may be subject to prevailing wage in accordance with AB 1768 and Prevailing Wage Determinations, will be subject to a prevailing wage surcharge as shown in our Schedule of Fees. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form. 35832
Ninyo & Moore | 2024 Laboratory Testing
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x2 cube compression, C 109.......................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 35933
7950 Cherry Avenue, Suite 103
Fontana, California 92336
909.730.4913
www.fountainheadcorp.com
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RFP #22-048
Attachment “C”
ATTACHMENT “C”
REQUEST FOR PROPOSALS (RFP) #22-048

ON-CALL CONSTRUCTION MANAGEMENT, INSPECTION AND

MATERIALS TESTINGS SERVICES

CONFLICT DISCLOSURE FORM
N/A
Fountainhead Consulting Corporation
Rosalie Acosta, Corporate Secretary
March 17, 2022

N/A N/A
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1 Revised 5/15/24

FOURTH AMENDMENT TO THE

SERVICES AGREEMENT

BETWEEN THE CITY OF RIALTO
AND

COMPANY NAME

1. PARTIES AND DATE.

This Fourth Amendment to the Services Agreement (“Fourth Amendment”) is made and entered into this September 9, 2025, by and between the City of Rialto, a municipal corporation and California general law city (“City”) and Huitt-Zollars, Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Fourth Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Services Agreement dated June 26, 2018, (“Agreement”), whereby Consultant agreed to provide services to the City related to design services for the Baseline Storm Drain from Cactus Basin to Tamarind Avenue, City Project No. 170700.

2.2 Amendment. On April 27, 2021, the City and Consultant entered into the First Amendment to include additional tasks for the project and to increase the total amount of compensation for the Agreement by $44,000.

2.3 Amendment. On May 13, 2022, the City and Consultant entered into the Second Amendment to include additional tasks for the project and to increase the total amount of compensation for the Agreement by $26,000.

2.4 Amendment. On January 16, 2025, the City and Consultant entered into the Third Amendment to include additional tasks for the project and to increase the total amount of compensation for the Agreement by $20,000.

2.5 Amendment. City and Consultant desire to amend the Agreement by this Fourth Amendment to include additional tasks for the project as set forth in “Exhibit A”, to extend the term of the Agreement, and to increase the total amount of compensation for the Agreement.

3. TERMS.

3.1 Scope of Services. In addition to the Scope of Services set forth in the Agreement, Consultant shall perform the additional services included in this Fourth Amendment to the Agreement and described in “Exhibit A,” attached hereto and incorporated herein by this reference.

3.2 Payment Terms. Consultant shall be compensated for the additional services included in this Fourth Amendment in an amount not to exceed $330,000 (Three Hundred Thirty Thousand Dollars and Zero Cents). The total compensation, including 36236
2 Revised 5/15/24
reimbursement for actual expenses, the City will pay Consultant pursuant to the Agreement as amended by the Fourth Amendment shall not exceed $941,625.00 (Nine Hundred Forty-One Thousand Six Hundred and Twenty-Five Dollars and Zero Cents).”

3.3 Time for Performance. The time to complete the additional services included in the Fourth Amendment shall begin immediately upon the City Council’s approval of the Fourth Amendment and shall be completed within four hundred eighty (480) days of its approval.”

3.4 Continuing Effect of Agreement. Except as amended by this Fourth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Fourth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fourth Amendment.

3.6 Counterparts. This Fourth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

3.7 Conflict of Interest. Pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.

3.8 Corporate Authority. The persons executing this Fourth Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Fourth Amendment on behalf of said party, (iii) by so executing this Fourth Amendment, such party is formally bound to the provisions of this Fourth Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
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3 Revised 5/15/24
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.

CITY OF RIALTO, CALIFORNIA, a
municipal corporation
HUITT-ZOLLARS, INC., a Delaware
corporation
By: By:

Tanya Williams Name
City Manger Title
ATTEST:

By: By:

Barbara McGee Name
City Clerk Title
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
By:

Eric S. Vail **Two signatures are required if a
City Attorney corporation**
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N/A N/A N/A
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INITIAL STUDY

FOR THE

RIALTO BASELINE STORM DRAIN

PROJECT
Prepared for:

City of Rialto
150 S Palm Avenue
Rialto, CA 92376
Prepared by:

Tom Dodson & Associates
P.O. Box 2307
San Bernardino, California 92406
(909) 882-3612
September 2020
37145

TABLE OF CONTENTS
Introduction....................................................................................................................... 1 Environmental Factors Potentially Affected....................................................................... 4 Determination ................................................................................................................... 5 Evaluation of Environmental Impacts ................................................................................ 6 I. Aesthetics........................................................................................................... 8 II. Agricultural and Forestry Resources................................................................... 10 III. Air Quality........................................................................................................... 12 IV. Biological Resources .......................................................................................... 23 V. Cultural Resources ............................................................................................. 28 VI. Energy................................................................................................................ 30 VII. Geology and Soils .............................................................................................. 31 VIII. Greenhouse Gas Emissions ............................................................................... 35 IX. Hazards and Hazardous Materials...................................................................... 37 X. Hydrology and Water Quality .............................................................................. 40 XI. Land Use and Planning ...................................................................................... 43 XII. Mineral Resources.............................................................................................. 44 XIII. Noise .................................................................................................................. 45 XIV. Population and Housing...................................................................................... 50 XV. Public Services................................................................................................... 51 XVI. Recreation.......................................................................................................... 53 XVII. Transportation / Traffic........................................................................................ 54 XVIII. Tribal Cultural Resources ................................................................................... 56 XIX. Utilities and Service Systems.............................................................................. 58 XX. Wildfire ............................................................................................................... 61 XXI. Mandatory Findings of Significance .................................................................... 62 Summary of Mitigation Measures...................................................................................... 64 References ....................................................................................................................... 69

APPENDICES
Appendix 1 – Composite Utility Plan
Appendix 2 – Air Quality / GHG
Appendix 3 – Bio
Appendix 4 – Cultural
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FIGURES
Figure 1 Regional Location
Figure 2 Site Location
Figure 3 Site Plan
Figure II-1 Farmland Map
Figure VII-1 Alquist-Priolo Study Zones
Figure VII-2 Seismic and Geologic Hazards
Figure VII-3 Geologic Hazard Overlays
Figure IX-1 GeoTracker, page 1
Figure IX-2 GeoTracker, page 2
Figure IX-3 GeoTracker, page 3
Figure IX-4 GeoTracker, page 4
Figure IX-5 GeoTracker, page 5
Figure IX-6 GeoTracker, page 6
Figure IX-7 GeoTracker, page 7
Figure IX-8 GeoTracker, page 8
Figure IX-9 GeoTracker, page 9
Figure IX-10 GeoTracker, page 10
Figure IX-11 SBIA Planning Boundaries
Figure IX-12 Fire Hazard Areas
Figure X-1 Flooding Hazards
Figure XII-1 Mineral Resources Zone
Figure XIII-1 Noise Contours
TABLES
Table III-1 Ambient Air Quality Standards ................................................................ 13 Table III-2 Health Effects of Major Criteria Pollutants ............................................... 15 Table III-3 Air Quality Monitoring Summary (2014-2017).......................................... 16 Table III-4 South Coast Air Basin Emissions Forecasts ........................................... 17 Table III-5 Daily Emissions Thresholds .................................................................... 19 Table III-6 CalEEMod Construction Activity Equipment Fleet and Workdays............ 20 Table III-7 Construction Activity Emissions, Maximum Daily Emissions ................... 21 Table III-8 LST and Project Emissions ..................................................................... 22 Table VIII-1 Construction Emissions........................................................................... 36 Table XIII-1 Noise Levels of Construction Equipment at 25, 50 and 100 Feet from the Source.................................................................................... 47 37347

LIST OF ABBREVIATIONS AND ACROYNMS
AAQS Ambient Air Quality Standards
APE Area of Potential Effect
AQMP Air Quality Management Plan
BMPs Best Management Practices
BUOW burrowing owl
CAA Clean Air Act
CAAQS California Ambient Air Quality Standards
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CNEL Community Noise Equivalent Level
CPHI California Points of Historical Interest
dBA A-weighted decibel
EPA Environmental Protection Agency
FTA Federal Transit Association
GCC Global Climate Change
GHG Greenhouse Gas
ITP Incidental Take Permit
JD Jurisdictional Delineation
LAPM Los Angeles pocket mouse
LF lineal feet
LST Localized Significance Thresholds
LUST Leaking Underground Storage Tanks
MAST Mountain Area Safety Taskforce
NAAQS National Ambient Air Quality Standards
NOI Notice of Intent
NPDES National Pollutant Discharge Elimination System
P-PF Public Facilities
RCB reinforced concrete box
RCP reinforced concrete plan
R-SF Single-Family Residential
ROW right-of-way
RWQCB Regional Water Quality Control Board
SBKR San Bernardino kangaroo rat
SBVMWD San Bernardino Valley Municipal Water District
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCAT Street Crime Attack Team
37448
SIP State Implementation Plan
SRO School Resource Officer
SWPPP Storm Water Pollution Prevention Plan
USACE U.S. Army Corps of Engineers
USFWS U.S. Fish and Wildlife Service
USGS U.S. Geological Survey
WQMP Water Quality Management Plant
WQTP Wastewater Treatment Plan
37549

ENVIRONMENTAL CHECKLIST FORM

1. Project Title: Rialto Baseline Storm Drain Project

2. Lead Agency Name: City of Rialto, Public Works/Engineering Division Address: 335 W. Rialto Avenue, Rialto, CA 92376

3. Contact Person: Savat Khamphou, Interim City Engineer Phone Number: (909) 421-7210

4. Project Location: The proposed project is located at Cactus Basin (just west of Cactus Avenue and Baseline Road) connecting to Baseline Road south of Cactus Basin and traveling west within Baseline Road to just west of Tamarind Avenue within the City of Rialto, CA. The project is located in Section 34 Township 1 North, Range 5 West within the Fontana USGS Topo 7.5-minute series maps with an approximate Lat/Long of 34.124043, -117.388063 at the eastern portion of the project and 34.121298, -117.422797 at the western portion of the project. Figures 1 and 2 outline the Project alignment location at a regional and site level.

5. Project Sponsor’s City of Rialto
Name and Address: 150 S Palm Avenue, Rialto, CA 92376

6. General Plan Designation: The Project is mostly located within existing roadways, though Cactus Basin (which the proposed project will connect the new storm drain to) is located on land designated for Open Space Resource Use. Additionally, the segment of the storm drain alignment may run through an undeveloped property, also known as Olive Grove property, that is designated for AirportRelated Development by the Rialto Airport Specific Plan.

7. Zoning Classification: The Project is mostly located within existing roadways, though Cactus Basin (which the proposed project will connect the new storm drain to) is located on zoned as Rialto Airport Specific Plan, Cactus Basin (OS-CB).

8. Project Description:

Introduction
The City of Rialto desires to upgrade existing drainage infrastructure conditions within Baseline Avenue from Cactus Basin west to Tamarind Avenue. The 60% progress plans for the Rialto Basin Storm Drain Project are provided as Appendix 1 to this Initial Study. As the City of the Rialto continues to grow, improvements to the City of Rialto’s drainage system are needed to capture and fully protect against 100-year flood levels. The proposed Rialto Baseline Storm Drain Project would construct a new storm drain to capture flows from Area D of the City of Rialto’s Renaissance Master Plan.
37650
Project Description
The project consists of installing an approximately 2-mile or 11,000 lineal feet (LF) storm drain system within Baseline Road that would capture flows north of Baseline Road. The storm drain line starts at the Tamarind Avenue/Baseline Road intersection and runs along Baseline Road to the outlet at Cactus Basin No. 3. The Drainage Study to the Renaissance Specific Plan (Encompass, 2015) served as the basis for sizing the storm drain system to improve drainage systems In the City of Rialto. The new storm drain will be developed with a reinforced concrete box (RCB) that will vary in size between 6’ x 12’, 7’ x 7’, and 3’ x 10’ depending on the location within the new storm drain alignment. The majority of the storm drain footprint (located within Baseline Road) will be constructed as a 84” reinforced concrete pipe (RCP), though a portion of the easternmost section of the alignment, which encompasses the section from Baseline Road to Cactus Basin, will vary in size as either a 72”, 84”, 48”, 36”, or 30” RCP. The specifications of the storm drain sizes are shown in Appendix 1.

The project site corresponds to the proposed storm drain “Line D” as described in both the Comprehensive Storm Drain Plan, Project 3-3, Rialto Channel Drainage Area (Montgomery, 1988) and the Drainage Study to the Renaissance Specific Plan (Encompass, 2015). The project area is located within the Renaissance Development, which consists of the redevelopment of the Rialto Airport and the surrounding areas. The Renaissance Specific Plan was used to get additional information for Line D and meet drainage facility requirements. Subarea D is bounded by Miro Way on the north, Baseline Road on the south, Ayala Drive on the east, and Palmetto Avenue on the west. In addition, Line D may capture runoff from Subarea E of the Renaissance Specific Plan during higher frequency events only. Overland flow travels in southeastern direction in the southern portion of the Renaissance site before it is captured by Line D and outlets to Cactus Basin No. 3.

Flows leaving Basin No. 3 continue on to Basin 1 and 2 and Rialto Channel, which ultimately discharges to the Santa Ana River. Outflow from the Cactus Basin System are limited due to the poor downstream channel capacities.

The proposed project will install the preferred Alignment as shown in Appendix 1. A new outlet structure will be constructed in Cactus Basin No. 3. Energy dissipation measures (such as rip rap pad, baffle) may be installed at the outlet, to control erosive damage from the higher volume discharged from the new pipeline.

Construction Scenario
The Project will be constructed once funding becomes available, which is anticipated to be secured in 2021 or 2022. Construction is anticipated to require between 6 months and one year to complete. At any given time during construction a maximum of 30 employees would be required at the site each day, though the number of construction workers required will range from 10 to 30 persons per day.

Installation of the Storm Drain within the Baseline Road right-of-way (ROW) is anticipated to require one or more of the following equipment types: bull dozer, hydro-hammer, front-end loader, dump truck, chipper, water truck, and service truck. Major pieces of equipment to be engaged during construction of the Project will include one or more of the following: pavement grinder and saw cut machines, earth excavators, backhoe, boom truck, grader, water truck, front-end loader, compaction equipment, and service truck and delivery vehicles for deposit of aggregate base and asphalt concrete and Portland cement concrete. The invert of the storm drain will vary between 37751
8 feet and 20 feet below the surface, along the alignment, except under the jurisdictional dam where the depth will exceed 40 feet. Alignment is not under jurisdictional facilities. But will be deep before entering the basin.

The contractor(s) will maintain one lane open in each direction throughout the construction process, as well as access at all times for emergency vehicles and access to all driveways, mailboxes, and bus stop(s).

9. Surrounding land uses and setting: (Briefly describe the project’s surroundings) North of Baseline Road within the project area, the land uses are as follows: Business Park and Specific Plan. North of Baseline the Specific Plan is the Renaissance Specific Plan and the zoning at this located within the Specific Plan are Employment, Employment Commercial Overlay, General Commercial, and Private Rec. Center Existing Use to Remain.

South of Baseline Road within the project area is located within the City of Fontana (only west of Maple. South side of Baseline is Rialto from Maple east and is developed as residential). The land uses within the project area south of Baseline Road are designated by the City of Fontana General Plan Land Use Map: Single Family Residential (R-SF), and Public Facilities (P-PF).

West of the intersection at Tamarind Avenue and Baseline Road, the land uses adjacent to the project are Specific Plan (Renaissance Specific Plan: Employment) within the City of Rialto, and within the City of Fontana, the land use is Single Family Residential (R-SF).

East of the location at which the Storm Drain Alternatives enter Baseline Road, the land use adjacent to the project is Open Space – Resources within the City of Rialto, and the land use adjacent to the project is Single Family Residential (R-SF).

10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) • State Water Resources Control Board and Santa Ana Regional Water Quality Control Board (Storm Water Pollution Prevention Plan/Water Quality Management Plan); • South Coast Air Quality Management District;
• United States Army Corps of Engineers;
• California Department of Fish and Wildlife;
• San Bernardino County Flood Control District; and,
• Any other responsible agency that may have discretionary authority over all or a portion of the project.

11. Have California Native American tribes traditionally and cultural affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun? Yes. AB-52 was initiated on June 4, 2019 by sending letters to the Gabrieleño Band of Mission Indians – Kizh Nation, Gabrieleño-Tongva San Gabriel Band of Mission Indians, Morongo Band of Mission Indians, San Manuel Band of Mission Indians, Gabrieleño-Tongva Nation (sent to Sam Dunlap, Cultural Resources Director and Sandonne Goad, Chairperson). The only Tribe to send a response was the Gabrieleño Band of Mission Indians – Kizh Nation. A letter was received from the Tribe on June 10, 2019 requesting that the City contact the Tribe to discuss consultation. As such, the City reached out to the Tribe a phone conference was set up for August 21, 2019, but the Tribe did not request any 37852
actionable items during this phone call; they expressed interest in the Project, but did not respond in writing with any specific requests related to consultation. The City was been unable to reach the Tribe for further instruction, and as such consultation has concluded as of October 7, 2019, with mitigation that the City has drafted to reach out to the Tribe once construction commences.

Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities / Service Systems Wildfire Mandatory Findings of Significance
•
~
•
•
•
~
•
37953
Rialto Baseline Storm Drain Project INITIAL STUDY
DETERMINATION (To be completed by the Lead Agency)
On the basis of this initial evaluation, the following finding is made:
•
The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

Although the proposed project could have a significant effect on the environment, ~ there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
•
The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has • been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an • earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Tom Dodson September 2020
Prepared by Date
Lead Agency ~ ure) Date
TOM DODSON & ASSOCIATES Pages
38054
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be crossreferenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 38155
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 38256
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
I. AESTHETICS: Except as provided in Public
Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would the project conflict with applicable zoning or other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?