Minutes — Rialto City Council, January 25, 2022

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
January 25, 2022

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 , and via Teleconference on Tues day, January 25, 2022.
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This meeting was called by the presiding officer of the Rialto City Council in accordance with the provisions of Government Code §54956 of the State of California.
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CALL TO ORDER Mayor Pro Tem Scott called the meeting to order at 5:04 p.m. 0o0
The roll was called, and the following were present: Mayor Pro Tem Ed Scott, Council Member Rafael Trujillo, Council Member Andy Carrizales and Council Member Karla Perez . Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.

Mayor Deborah Robertson and City Treasurer Edward Carrillo were absent.
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CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - PENDING
LITIGATION Pursuant to Government Code section
54956.9(d)(2). Number of Matters: One (1) matter:

(1) Sofia Sauceda v. Sergio Ruiz,
Case No. CIVDS 1821332

2. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION Pursuant to Government Code
section 54956.9(d)(2)
Number of Matters: Six (6)

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford
Employee Organizations:
• City Government Management Association (CGMA)
• Executive Management Team
• Management Unrepresented Employees
• Rialto City Employee’s Association (RCEA)
• Rialto Mid-Management & Confidential Employee’s
Association (RMMA)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association – Management
• Rialto Police Benefit Association – General
• Rialto Professional Firefighters of California –
Local 3688
• Unrepresented Employees
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Motion by Council Membe r Carrizales, second by Council Member Perez and carried by a 4-0 vote to go into Closed Session at 5:04 p.m.

Mayor Robertson was absent.
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OPEN SESSION City Council returned from Closed Session at 6:41 p.m. 0o0
CALL TO ORDER Mayor Pro Tem Scott called the meeting to order at 6:41 p.m. 0o0
The roll was called, and the following were present: Mayor Pro Tem Ed Scott, Council Member Rafael Trujillo, Council Member Andy Carrizales and Council Member Karla Perez. Also present were City Manager Marcus Fuller, City Attorney Eric Vail , City Clerk Barbara McGee and City Treasurer Edward Carrillo.

Mayor Robertson was absent.

1. CONFERENCE WITH LEGAL COUNSEL - PENDING
LITIGATION Pursuant to Government Code section
54956.9(d)(2). Number of Matters: One (1) matter:

1 Sofia Sauceda v. Sergio Ruiz,
Case No. CIVDS 1821332
The City Council heard a briefing from Special Counsel. The City Council gave direction, but there was no reportable action.

2. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION Pursuant to Government Code
section 54956.9(d)(2)
Number of Matters: Six (6)
The City Council were briefed on three items. The remaining three Items will continue at a future meeting.

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford
Employee Organizations:
• City Government Management Association (CGMA)
• Executive Management Team
• Management Unrepresented Employees
• Rialto City Employee’s Association (RCEA)
• Rialto Mid-Management & Confidential Employee’s
Association (RMMA)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association – Management
• Rialto Police Benefit Association – General
• Rialto Professional Firefighters of California –
Local 3688
• Unrepresented Employees
There was not enough time to discuss Item at pre -regular session meeting. The City Attorney advised the Item will come back the in the first City Council meeting in February.

PRESENTATIONS AND

PROCLAMATIONS

1. Update by Avant Garde - ARPA Funds – Lisette Montoya

2. Presentation Big Brothers Big Sisters of the Inland Empire Marvin Espinoza - Director

3. Introduction of new employees
by Marcus Fuller, City Manager:

Katherine Stevens - Deputy Director of Finance
Jesus Sanchez - Chief Building Official
Arthur Cervantes - Engineering Project Manager
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ORAL COMMUNICATIONS Jacqueline Valadez communicated through Zoom and addressed the City Council regarding the Christopher Valadez wrongful death case. 0o0
Mariela Valadez communicated through Zoom and addressed the City Council regarding the Christopher Valadez wrongful death case. 0o0
Ana Gonzalez communicated through Zoom and addressed the City Council regarding her concerns with Officers Babineaux and Aldama protecting the community and stand in solidarity with the Valadez family in the Christopher Valadez wrongful death case.
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Monica Fierros communicated through Zoom and addressed the City Council regarding the Christopher Valadez wrongful death case. 0o0
The City Council approved the City Attorney Vail to make a brief statement.
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City Attorney Vail stated the City Council has heard and is aware of the statements that have been made by Mr. Valadez and his supporters.

Attorneys representing the City have reached out to attorneys representing Mr. Valadez’ family. Those attorneys have informed us that a lawsuit will be forthcoming. The City has provided the family with video footage of the incident in response to a public records request that they f iled and the Police Department will be releasing a video concerning the incident to the community this week. Consistent with standard procedures following an officer -involved shooting, San Bernardino County Sheriff’s Department is conducting an investigati on into the incident. The San Bernardino County District Attorney’s Office will review that investigation upon its completion.

On the January 11, 2022, City Council m eeting minutes, there was a Consent Calendar Ite m approving a Voucher Warrant for Larsen, LLP Attorneys at Law settlement agreement payment.

Had I made Mayor Robertson aware that was for a settlement of a claim that she is not involved in but could be similar to a claim that the Mayor Robertson might have, would have recused herself from that Item. She would request, and I wo uld recommend that we reflect in the minutes that she recused herself from that Item. An Item on the Consent Calendar as opposed to a Special Item and that the minutes for the January 11, 2022, City Council meeting duly reflect.
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Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 4 -0 vote to approve request from Mayor Robertson to remove Item C.1 – Regular City Council Meeting Minutes January 11, 2022 recusing herself from Item B.2, Warrant Reso lution No. 24 (11/30/2021) Voucher No. 992022132 made out to Larson, LLP Attorneys at Law $500,000 for settlement agreement payment.

Mayor Robertson was absent.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 26 (1/13/2022)
B.2 Warrant Resolution No. 27 (1/20/2022)
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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – January 11, 2022
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DocuSign Envelope ID: B8FFB1B4-60B8-48BF-918C-8322F62E1B3D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 25, 2022 Page 6 CONSENT CALENDAR D. CLAIMS AGAINST THE CITY
D.1 Jacqueline Gutierrez - Vehicle Damage
D.2 Ismael Adam Sanchez - Vehicle Damage
D.3 Andrew Jordan Dinsmoor - Vehicle Damage
D.4 Anthony Brandyberry – Damages
D.5 Gerald Robert Thomas - Damages
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CONSENT CALENDAR E. SET A PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for February 22, 2022, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 3rd Quarter of the 2021 Calendar Year. 0o0
F. SET A PUBLIC HEARING
F.1 Request City Council to Authorize the Submission of a Grant Application in the Amount of $400,000 with an “In -Kind” Local Match of $20,000 to the Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Fire Prevention & Safety Assistance to Firefighters Grant Program FY2021 Cycle for Wildfire Risk Reduction.

F.2 Request City Council to Authorize the Submission of a Clean California Local Grant Program Application in the Amount of $618,000 Requiring a Local Match of $77,250 to the California Department of Transportation (CALTRANS) for the Baseline Road Median Landscaping Project.
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Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 4-0 vote to approve the Consent Calendar .

Mayor Robertson was absent.
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TAB 1
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Marcus Fuller, City Manager, presented staff report to Request City Council to: (1) Receive an Update on and Confirm the Continued Existence of the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) Provide any Further Direction in Relation thereto; and (3) Consider Findings for Continuing Virtual Meetings through February 2021 Pursuant to Assembly Bill 361. 0o0
Mayor Pro Tem Scott inquired about the testing located on South Street. 0o0
City Manager Fuller stated he is not aware.
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DocuSign Envelope ID: B8FFB1B4-60B8-48BF-918C-8322F62E1B3D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 25, 2022 Page 7 TAB 1
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Mayor Pro Tem Scott stated that he is getting reports from the public that the home kits are not very accurate. People will test negative on a rapid home test then test positive on a PCR test given at urgent care or a hospital. He is wondering if there is an issue with the home tests. 0o0

City Clerk McGee stated PCR test are being administered at the Drive-thru test location on Bonnie View.
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Council Member Trujillo stated antigen tests are available at www.covidtests.gov. He inquired about efforts made to distribute N95 masks to the public to help curb covid cases.
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City Manager Fuller stated the N95 masks are more widely available now than earlier in the pandemic. He will coordinate with Deputy Fire Chief Park and make those available to City employees and the public as well.
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Council Member Trujill o asked about the COVID memorial and the COVID-19 committee findings on a memorial.
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City Clerk McGee stated that Item will be coming before the City Council the 2nd meeting in February. The Committee discussed locations. A staff report is being prepared to bring forward to the meeting in February to receive City Council direction on how to proceed with the monument. 0o0
Mayor Pro Tem Scott asked about the type of monument. What will it consist of?
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City Clerk McGee stated there are several ways and locations to do it, and we need direction from the City Council on how to proceed.

She asked if Council Member Perez had additional information. 0o0
Council Member Perez stated it was to come forward to the rest of the City Council for direction.
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Mayor Pro Tem Scott stated great. Anything else?
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TAB 1
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Motion by Council Member Perez , second by Council Member Carrizales and carried by a 4-0 vote to Receive an Update on and Confirm the Continued Existence of and Provide any Further Direction in Relation to the Local Emergency Throughout the City of Rialto in Response to the COVID -19 Outbreak and to continue with virtual City Council meetings through February 2022.

Mayor Robertson was absent.
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TAB 2
Approve Final Construction Work
Authorization to Rialto Water Services for
Waterline Replacement Project for
Riverside Avenue North
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to Approve a Final Construction Work Authorization in the Amount of $2,241,120 to Rialto Water Services for the Riverside Avenue North Waterline Replacement Project; and Authorize the City Manager to Execute All Documents. 0o0
Mayor Pro Tem Scott commended Rialto Water Services, Veolia and Tom Crowley for acting swiftly to resolve this overlooked engineering issue so quickly. He expressed his concerns with the pipes owned by West Valley Water District and they are prepared to replace any water lines that might leak or be damaged during this process.

Additionally, I thought the Water Subcommittee recommended we take it out of some of the remaining money that we had. I am not sure I can support taking it from paving money when we have other funds that were still available in the American Recovery Act that could be used for this. 0o0
City Manager Fuller stated the remaining money, $4.8 million, was already allocated by City Council for rate stabilization in the water fund.

We had that presentation and action a few meetings ago and looking at what sources of funds we currently have available and given the fact the projects costs of polarization and equipment used in this project, I was recommending using the $10 million of the ARPA funds for paving projects to at least cover the $2 million costs for the water line projects.

There’s also remaining funds for other water capital projects, but I wanted to hold on to that for those other critical projects. But I’m happy to consider other options as you may see fit.
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Mayor Pro Tem Scott stated that the only way I am going to support this is that you can assure me that you’ll find a way to make up $2 million in some other fund because we need to get the streets of this City paved.

We can’t let the residents suffer pavi ng the streets because our staff didn’t do the right job when they originally designed Riverside Avenue and didn’t account for pipes that were too shallow.
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City Manager Fuller stated agreed.
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DocuSign Envelope ID: B8FFB1B4-60B8-48BF-918C-8322F62E1B3D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 25, 2022 Page 9 TAB 2
Approve Final Construction Work
Authorization to Rialto Water Services for
Waterline Replacement Project for
Riverside Avenue North
Mayor Pro Tem Scott asked if there were any other comments or questions.
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Council Member Trujillo stated he hopes for good coordination throughout the whole process.
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Motion by Council Member Carrizales, second by Council Member Trujillo and carried by a 4-0 vote to Approve a Final Construction Work Authorization in the Amount of $2,241,120 to Rialto Water Services for the Riverside Avenue North Waterline Replacement Project; and Authorize the City Manager to Execute All Documents.

Mayor Robertson was absent.
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TAB 3
Agreement for Professional Services with
Social Work Action Group; Approve
Increase to Purchase Order for
FY2021/2022; Approve the Issuance of a
Purchase Order for FY2022/2023 for
Homeless Services
Anthony Vega, Captain, Police Department Request City Council to:
(1) Approve the two -year Agreement for Professional Services with Social Work Action Group; (2) Approve a $166,206 Increase to Purchase Order 2020 -2145 from $549,022 to $715,228 for a T otal Fiscal Year 2021/2022 Expenditure Amount of $387,407; (3) Approve the Issuance of a Purchase Order for FY2022/2023 in the Amount of $406,778 for Homeless Services for the final year of the contract period; and (4) Authorize the City Manager to Execute All Documents. 0o0
Council Member Trujillo asked for a quick report on the impact the group has had.
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Captain Vega stated the following:
• 122 individuals to medical services
• 151 individuals to mental health services
• 42 veterans to veterans’ services
• 18 individuals to substance abuse treatments
• 90 people transitioned to sheltered housing
• 47 people to permanent housing
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Mayor Pro Tem Scott asked who prepared the staff report. 0o0
Captain Vega stated several members, but he ultimately approved it. 0o0

DocuSign Envelope ID: B8FFB1B4-60B8-48BF-918C-8322F62E1B3D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 25, 2022 Page 10 TAB 3
Agreement for Professional Services with
Social Work Action Group; Approve
Increase to Purchase Order for
FY2021/2022; Approve the Issuance of a
Purchase Order for FY2022/2023 for
Homeless Services
Mayor Pro Tem Scott stated all the stat numbers should be listed in the staff report. Captain Vega comes before the City Council asking for funds without any stats or success stories. He will support this tonight, but not if he is presented with another inadequate staff report. 0o0
Motion by Council Member Carrizales , second by Council Member Trujillo and carried by a 4-0 vote to 1) Approve the two-year Agreement for Professional Services with Social Work Action Group; (2) Approve a $166,206 Increase to Purchase Order 2020 -2145 from $549,022 to $715,228 for a Total Fiscal Year 2021/2022 Expenditure Amount of $387,407; (3) Approve the Issuance of a Purchase Order for FY2022/2023 in the Amount of $406,778 for Homeless Services for the final year of the contract period; and (4) Authorize the City Manager to Execute All Documents.

Mayor Robertson was absent.
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TAB 4
Receive Presentation from NHA
Advisors, the Bayshore Consulting
Group and Law Firm of Norton Rose
Fulbright on Restructuring the City’s
Pension Unfunded Accrued Liability (the
UAL); Approve the Selection of Bank of
America as Senior Manager and J.P.

Morgan as Co-Manager as Underwriters
for Pension Obligation Bonds
Marcus Fuller, City Manager, Mike Meyer with NHA Advisors, presented staff report to Request City Council to: (1) Receive a Presentation from Representatives of NHA Advisors, the Bayshore Consulting Group and the Law Firm of Norton Rose Ful bright (Collectively, the City’s UAL Consultants) on the Status Update for Restructuring the City’s Pension Unfunded Accrued Liability (the UAL); and (2) Approve the Selection of Bank of America as Senior Manager and J.P. Morgan as Co -Manager as the Underwriters for the Pension Obligation Bonds.
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Mayor Pro Tem Scott asked City Manager to explain what the City Council’s decision is tonight.
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City Manager Fuller stated the decision tonight is to confirm the selection of co -underwriters, Bank of America and J.P. Morgan. They will do the full , fiscal analysis and risk assessment for a more detailed presentation to the City Council on determining the size of the financing, the percent of our portfolio to fund, looking at risks of what’s happening with the Federal Reserve rates and really establishing the thresholds for what we will believe is acceptable to take in terms of the pension obligation bond financing, maximum interest rate, maximum size of the bond financing.

This is a critical step, and we would recommend the City Council confirm the selection of Bank of America and J.P. Morgan as the underwriting team.
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Council Member Trujillo stated he is glad this is moving along and moves for approval.

DocuSign Envelope ID: B8FFB1B4-60B8-48BF-918C-8322F62E1B3D ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 25, 2022 Page 11 TAB 4
Receive Presentation from NHA Advisors,
the Bayshore Consulting Group and Law
Firm of Norton Rose Fulbright on
Restructuring the City’s Pension
Unfunded Accrued Liability (the UAL);
Approve the Selection of Bank of America
as Senior Manager and J.P. Morgan as Co-
Manager as Underwriters for Pension
Obligation Bonds
Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 4-0 vote to Approve the Selection of Bank of America as Senior Manager and J.P. Morgan as Co-Manager as the Underwriters for the Pension Obligation Bonds.

Mayor Robertson was absent.

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

NOES: None. ABSTAIN: None. ABSENT: Mayor Robertson 0o0
REPORTS The City Council gave their reports.
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ADJOURNMENT Motion by Council Member Perez, second by Council Member Trujillo and carried by a 4-0 vote, to adjourn the City Council Meeting at 8:02 p.m.

Mayor Robertson was absent.

_______________________________

MAYOR PRO TEM ED SCOTT

ATTEST:

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CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: B8FFB1B4-60B8-48BF-918C-8322F62E1B3D

Rialto City CouncilJanuary 25, 2022

Rialto City Council
January 25, 2022