Minutes — Rialto City Council, February 22, 2022

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
February 22, 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, February 22, 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 Deborah Robertson called the meeting to order at 5:02 p.m. 0o0
The roll was called, and the following were present: Mayor Debor ah Robertson, 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 Pro Tem Ed Scott was present via Zoom.

Council Member Rafael Trujillo was absent.

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

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
One (1) matter:
(1) Erica Sanchez v. City of Rialto, et al., SBSC Case No. CIVSB 2132734

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Six (6)
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OPEN SESSION Motion by Council Member Carrizales, second by Council Member Perez and carried by a 4-0 vote to go into Closed Session at 5:02 p.m. 0o0
Council Member Trujillo arrived at 5:03 p.m.
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The City Council returned from Closed Session at 6:45 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:48 p.m. 0o0
The roll was called, and the following were present: Mayor Robertson, 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 Pro Tem Ed Scott was present via Zoom.
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Pledge of Allegiance and
Invocation
Council Member Karla Perez led the pledge of allegiance. 0o0
Pastor Victor Lopez – Calvary Chapel Rialto gave the Invocation. 0o0
City Attorney’s Report on
Closed Session

1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
One (1) matter:
(1) Erica Sanchez v. City of Rialto, et al., SBSC Case No. CIVSB 2132734
The City Council had a report from the City Attorney. There is no other reportable action.

2. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Six (6)
The City Council had a briefing from City Attorney and staff for two matters. The remaining four items were canceled and/or moved to another date.
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PRESENTATION AND

PROCLAMATIONS
Introduction of new employees by Marcus Fuller, City Manager:

Shama Curian - Deputy Director of Human Recourses/Risk
Management
Jonathan Ballard - IT Network Engineer
Mayra Vela-Rocha - Community Compliance Officer
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ORAL COMMUNICATIONS Vernell Johnson addressed the City Council through Zoom and addressed his concerns with the accidents associated with 4 th of July festivities. He asked about outlawing fireworks in Rialto altogether. 0o0
CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 30 (2/10/2022)
B.2 Warrant Resolution No. 31 (02/17/2022)
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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – February 8, 2022
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D. SET PUBLIC HEARING
D.1 Request City Council to Set a Public Hearing for March 8, 2022, to Consider and Adopt a Mitigated Negative Declaration (EAR 2021- 0044) and Approve the City of Rialto 2021 -2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002).

E. CLAIMS AGAINST THE CITY
E.1 Alyssa Rubio – Damages
E.2 Christian Rincon del Castillo - Vehicle Damage
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F. MISCELLANEOUS
F.1 Request City Council to Adopt Resolution No. 7837 Approving the Industrial Disability Retirement of Angela L. Licurse.

F.2 Request City Council to Authorize the Release of Request for Bids for the 2020/2021 Street Overlay & Reconstruction Project, City Project No. 180807 (Riverside Avenue from I-10 to the City’s South Boundary).

F.3 Request City Council/Rialto Utility Authority Board to (1 ) Approve the City of Rialto’s share to develop the Rialto Basin Groundwater Council Groundwater Management Plan in the Amount of $53,750 and (2) Authorize the City Manager to Execute All Related Documents.

F.4 Request City Council to Receive and F ile Treasurer’s Monthly Reports for the month ends of October 2021, November 2021, and December 2021.

F.5 Request City Council to Consider Rescheduling the Regular City Council Meeting on May 24, 2022, to a Special City Council Meeting on, Thursday, May 26, 2022.

F.6 Request City Council to Authorize the Release of Bids for the Ayala Drive and Fitzgerald Avenue Traffic Signal and Lighting Improvements Project, City Project No. 190810.

F.7 Request City Council to: (1 ) Approve a Project Funding Agreement with San Bernardino County Transportation Agency (SBCTA) for the I-10/Riverside Avenue Interchange Phase 2 Project; and (2) Authorize the City Manager to Execute all Documents.
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Motion by Council Member Carrizales, second by Council Member Perez and carried by a 5-0 vote to approve the Consent Calendar.

PUBLIC HEARING
TAB 1
Public Hearing for Placement of Liens for
Delinquent Refuse Accounts; Adopt
Resolution No. 7829
Amy Crow, Administrative Analyst presented staff report to Request City Council to: (1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Third Quarter of 2021; and (2) Adopt Resolution No. 7839 Authorizi ng the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk.
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Mayor Robertson asked if anyone wished to come forward to speak on this Item.
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No one came forward.
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Motion by Council Member Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing. 0o0

Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 5-0 vote to Adopt Resolution No. 7839 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder- County Clerk.
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TAB 2
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 Eme rgency 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 March 2021 Pursuant to Assembly Bill 361. 0o0
Council Member Trujillo asked about the COVID -19 subvariant and its timeline to reach the Rialto area.
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City Manager Fuller stated that will determine how it will spread as the Omicron variant spread across the world. He hopes the new subvariant will not be much of a concern. The wastewater will continue to be sampled and tested to determine where the direction of the trend and monitor for other variants.
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Council Member Tr ujillo asked if the monitoring of variants will the Omicron variant be isolated from other subvariants.
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City Manager Fuller stated that the lab can separate the different variants.

He asked if senior activities were up and running.
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Cynthia Alvarado -Crawford, Community Services Director, stated all senior activities are reinstated and will be continuing to restore activities moving forward.
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Council Member Trujillo asked if any activities in the Community Services Department had been suspended.
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Community Services Director Alvarado-Crawford stated no. Any class not being offered at the moment is primarily due to instructor delays.

Everything else programmed is back in place.
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Council Member Trujillo asked if the special events calendar is back in place.
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Community Services Director Alvarado-Crawford stated yes, it is. 0o0
Council Member Trujillo wanted to make certain the public is aware that the Community Services Department is fully functioning.

He asked about the COVID testing location at the Johnson Center and how it was being balanced out as opposed to its regular operations. 0o0
Community Services Director Alvarado-Crawford stated COVID testing has been downscaled. Testing is now taking place at the Franc es Brooks Building and drive -thru testing by the Metrolink Station on Bonnie View. Vaccinations are taking place in a conference room at the Senior Center to avoid displacing other forms of programming. 0o0
Mayor Robertson reiterated that the non -profits no longer have access to at -home COVID test kits, and the current test kits expire in March 2022. She asked if the City would no longer be receiving additional home kits from the County but leav ing it to the County to disperse in other County agencies besides the COVID testing sites. 0o0

She asked if the drive-thru testing is still taking place. 0o0
Community Services Director Alvarado -Crawford stated that is still in place.
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City Manager Fuller stated there are two actions to consider, the local emergency and to determine if virtual meetings should continue through the month of March.
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Council Member Trujillo asked about aligning the disaster planning around Governor Newsom’s approach which is to create a plan for the endemic rather than the endemic we are currently experiencing. He is requesting the Director of Emergency Services update the plan. 0o0
Brian Park, Acting Fire Chief , stated the City is collaborating with an Emergency Management Firm who aligns those contemporary plans with our contemporary needs. It will come before the City Council in the next few months to address those matters.

He stated there are approximately 5,000 COVID home ki ts available including N95 masks and continue to make certain they are in stock. 0o0
Mayor Robertson asked about the expiration dates on the new delivery of COVID home kits.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 8 TAB 2
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Mayor Robertson asked what the expiration date is on the new COVID home test kits.
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Acting Fire Chief Park stated July 2022 on the new home test kits. The expiration date on the home kits that expire in March was pushed back to June 2022 per the County and the FDA. We are waiting for documentation to confirm that.
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Mayor Robertson stated that the home kits that expire in March are still effective. However, you will not be able to upload the information digitally once March arrives.
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Acting Fire Chief Park emphasized the antigen home tests, (rapid tests), are read on your own.
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Mayor Robertson stated the rapid tests can be uploaded digitally to your phone. The QR code will not accept or read it if it passes the expiration date.
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Acting Fire Chief Park stated he would contact EOC to determine if that could be reconciled.
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Council Member Perez recommend ed the continued existence of the local emergency. She suggests opening up Council Chambers to City Council meetings with proper safety precautions. It could then be revised should the circumstances warrant it.
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Motion by Council Member Carrizales, second by Council Member Perez and carried by a 5-0 vote to 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 reopen Council Chambers to City Council meetings beginning in March 8, 2022 allowing the public to attend with proper COVID safety protocols.
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TAB 3
Provide Direction on COVID-19 Memorial
Monument
Barbara McGee , City Clerk , presented staff report to Request City Council to Provide Direction on a COVID-19 Memorial Monument. 0o0

Council Member Trujillo stated that in the first year of the pandemic, there were approximately 200 lives lost. By now, that number has increased to approximately 370 individuals. He is suggesting the upright memorial.
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City Clerk McGee stated that all the information is something to refer to for direction. Nothing is etched in stone. She is not making any recommendations. It is for purposes for the City Council to provide direction.
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Council Member Trujillo suggested a flowerbed -type memorial with description where families can take a seat and find peace and reflection while memorializing their loved one. The upright monuments are typically reserved for the military.
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Mayor Pro Tem Scott suggested a memorial be placed either at the cemetery or the City Hall campus. He agreed with Council Member Trujillo with a memorial with a sitting area. He recommended the memorial brick concept to give families an opportunity to buy a brick with their loved ones names engraved. The brick concept would not be that much of an expense to a family.
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Council Member Carrizales agreed with the memorial brick concept and recommends the cemetery as the location.
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Mayor Robertson also suggested the cemetery for the location as well as a memorial with a sitting space similar to the trees memorial planted for victims of the Inland Regional Center shooting. She believes the brick memorial helps families honor their loved one and the l oss. The public could donate should they wish to do so.
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Council Member Trujillo recommended the former K9 training open space area.
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Council Member Perez agreed with cemetery location and the brick memorial concept. It would be a nice way to commemorate a loved one. 0o0
Mayor Robertson asked about the cost of the memorial.
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City Treasurer Carrillo stated the space area recommended at the cemetery has been remapped for interments. The area would not be available for the memorial. The covered patio that is cemented in would work.
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Mayor Robertson stated that needs to be revisited to determine what is available at the cemetery. However, it seems everyone agrees on the cemetery as the memorial location unless City Hall would lend a place for its location.

In regard to costs, she asked if the range would be between $35-50,000. 0o0
Council Member Carrizales clarified the cost.
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Mayor Robertson stated the $35,000 is just on the structures. Even if you don’t use them, you still have to plan on engineering and layout.

We’re estimating approximately 300 spaces. Are we honoring those passed in the first year or all who succumbed to COVID? 0o0
Council Member Carrizales asked when will the number be capped. 0o0
Council Member Perez stated the names would be added afterwards, so it would be anyone who succumbed to it.
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City Clerk McGee clarified if the City would be purchasing or selling the bricks. I can take the comments now then bring back with some type of cost factor, then the City Council can decide what it will be because the number continue to rise to be more definitive on space and specifics. 0o0
Council Member Perez suggested based on space allowed, perhaps a centralized bench with the gen eral statement stating “In Memory of those who have passed due to COVID.”
Currently a decision cannot be made due to space. Should the City Council move forward with the brick concept, we need to decide where 300 bricks will be placed.
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Mayor Pro Tem Scott stated using a red brick, 4 by 8-inch does not take up a lot of space. If you took out the slab, it could be placed in that area and include the bench or other memorial.

He suggested the families participate by buying the brick. Tha t way families have a buy-in into the memorial.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 11 TAB 3
Provide Direction on COVID -19 Memorial
Monument

Council Member Perez suggested creating a path to the bench. 0o0
Council Member Carrizales agreed with Mayor Pro Tem Scott and Council Member Perez. There would be a lot of names to add in one single area. To include one general plaque that says, “This is in memory of all victims of COVID” would generalize it and a bench area. If people want to participate in the brick or whatever ends up going around the bench area, I think will be the easiest and most cost -effective way to move something forward that will be enjoyed by many families. 0o0
Mayor Robertson stated the City Council has given some direction. This was not an action Item.
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City Clerk McGee stated she will contact the City Treasurer and Mike Hayes, Park Maintenance , and return to the City Council with more information.
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Council Member Trujillo asked about a 2nd Annual memorial and how it will be observed.
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City Clerk McGee stated last March crosses were laid out in the Downtown area. If that is what the City Council would like to do, it can be done.
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Council Member Trujillo stated he agreed to that.
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Mayor Robertson emphasized it would be on March 12, 2022. 0o0

The City Council Provided Direction on a COVID -19 Memorial Monument.
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TAB 4
Agreement with Dopudja & Wells
Consulting, Inc. related to the City’s
Wastewater Effluent
Marcus Fuller, City Manager, presented staff report to Request City Council to: (1) Approve a Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California corporation, in the amount of $784,860 relating to negotiations with IEUA related to the City’s Wastewater Effluent; and (2) Authorize the City Manager to Execute All Documents.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 12 TAB 4
Agreement with Dopudja & Wells
Consulting, Inc. related to the City’s
Wastewater Effluent
Mayor Pro Tem Scott stated this is a project that he and Mayor Robertson have worked on for several years finding suitable use for recycled water and why it won’t be used in Rialto. Because the wastewater plant is downhill from the rest of the City, it be comes very expensive to pump it for the City almost more expensive than it would be to use normal water. We looked for alternatives and that was user south of us or to the west of us that might be able to use it. It’s a win - win for the City. We will now be making money off of the recycled water and will benefit our surrounding communities that could use the recycled water that are down stream from us. It’s a great project for the City. It ties in with Lake Rialto. I am very much in support of this. 0o0
Council Member Trujillo asked if there is opportunity for our residents to release some of the water for their gardens, for non-potable use. 0o0
Mayor Robertson believed there is no restriction on that. I think what we will have to do is work on the side where we can release it with the understanding that the water is not drinkable water. There’s a lot of detail to the water. At times, there will be times when asked not add water into the channel when relating to the habitat. We should be able to consider as we make compost available to residents while promoting community gardens. We should look at how we could do it within the operation that we have.

She is happy about this project especially with the partnership with the Inland Empire Utility Authority. She appreciates Mr. Dopudja helping to navigate and construct this project. IEUA has been very supportive of wanting to see this happen.
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Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5-0 vote to Approve a Professional Services Agreement with Dopudja & Wells Consulting, Inc., a California corporation, in the amount of $784,860 relating to negotiations with IEUA related to the City’s Wastewater Effluent; and Authorize the City Manager to Execute All Documents.
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TAB 5
Update on the 2022 Firework Education
Engineering and Enforcement Plan;
Provide direction to Staff
Brian Park, Acting Fire Chief, presented staff report to Request City Council to: (1) Receive an Update on the 2022 Firework Education, Engineering and Enforcement Plan, and (2) Provide direction to Staff as Appropriate.
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Council Member Carrizales commended Acting Fire Chief Park and the Rialto Police Department for his work in eliminating illegal fireworks in the City. We are heading in the right direction and look forward to continuing with the work that has been laid out and suggestions that the City Council may bring.

It is the illegal fireworks that are the year -round issue. The safe and sane fireworks booths open up a week before the 4 th of July celebration – those are not the ones you see or hear about. She agrees with the education ahead of time and the communication methods available.

She asked if there is video captured by neighbors of people using illegal fireworks.
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Police Chief Kling stated that everything is done to catch the individual in the act. With more eyes and ears, they are more successful than in the past. If it is a misdemeanor, it needs to occur in their presence. We can pull video and do a long form to the D.A.’s Office to see if they file it. If we se e it, we can arrest for it on scene. Felonies are totally different. We try different mechanism to ensure we do hold people accountable.
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Council Member Trujillo asked about the partnerships on education program. Has outreach been done to the City departments to get messaging out through our programs to engage with the children? 0o0

DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 14 TAB 5
Update on the 2022 Firework Education
Engineering and Enforcement Plan;
Provide direction to Staff
Acting Fire Chief Park stated that is part of our inclusiveness and working better among departments, we are looking forward to what Ms. Alvarado-Crawford, Community Services Director, will offer to assist with outreach.
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Council Member Trujillo asked if outreach had been done with the nonprofits group to be more collaborative with the committee. 0o0
Acting Fire Chief Park stated part of the committee work was to bring the nonprofits as well as the other departments, work with schools and include all stakeholders than years past.
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Mayor Robertson asked about the level of the fires caused by fireworks as compared to 2020 in particular to a house explosion that occurred in the back side of the property due to illegal fireworks. 0o0
Acting Fire Chief Park stated the incident in 2021 was a larger incident with no injuries involved. As far as acreage in total damage, last year was the least impacted attributed to the City’s work in reducing hazards especially in weed abatement. Fire concerns were at a record low last year.
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Mayor Robertson asked about the cost in resources involved and asked how much each agency is generating from the sale of safe and fireworks.
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Acting Fire Chief Park stated on average each booth generates approximately $5,000. The enforcement cost is approximately $50,000 annually.
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Mayor Robertson referenced the attached minutes from November 2020 and asked about the discrepancy in cost to hold a special election.

She asked if we did not have an initiative on the ballot, how much would a general election for the two candidates cost the City. 0o0
City Clerk McGee stated the cost would be what is already indicated there due to having an existing electio n. The increase would be to add one more Measure, but there is already a scheduled election. 0o0

Then on December 1, 2020, we did not have a m eeting and we did not proceed.

I raise it, because we continue to say it should be brought for the citizens to vote it up and vote it down. Every time we bring this, we get those who come forward expressing their concerns that the illegal fireworks have nothing to do with legal ones. While I can agree with that, and we’d like it to be family oriented, but I also want to say that kids enjoy that.

If you believe that your child when they grow up and become teenagers and young adults are still going to be fascinated with safe and sane, then I think you are sending a different message. If we keep putting a lot of greater enforcement to something, we’re going to change the mindset.

She stated the President of Kiwanis Rialto, Mr. deBourguignon, stated, that if there is a concern about a community to change this long-standing policy, then the citizens should have the opportunity to express themselves through a ballot.

I think that is all what we continue to do and follow through and let the citizens make a decision and we won’t continue to have this debate or presentation. I want the community to know that everyone up here with the exception of me – I can’t speak for anyone else – believes that us continuing to put the effort into it , is going to change something that is already happening and will continue to happen and that is the fact people bringing in illegal fireworks.

In the report, we talked about the seized. But we did not talk about the tonnage and the effort . Once again, this is being brought forward. I hope and pray your education efforts continue to net what you feel what you want to have.

When the illegal fireworks are not illegal in Rialto, they’re illegal in California. Somehow continuing what we are doing, our community would be okay with us not having a position on no fireworks.

I don’t think this requires an action.
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Mayor Pro Tem Scott stated it is fairly expensive to put it on the ballot.

I do believe the residents of this City should make a decision and not so much us. I am wondering if a more efficient way to determine the p olls of our community would be to hire a political consultant and do a city- wide poll and bring the results back to us. And we can make a more informed decision whether or not to formally put it on a ballot. 0o0
Mayor Robertson stated that is a possibility and explore authorizing the cost for them to secure a consultant. Perhaps somebody would like to make that motion. We can’t legislate the outcome that the community wants. Would anyone like to make a motion on Mayor Pro Tem Scott’s suggestion?
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Council Member Carrizales asked Mayor Pro Tem Scott to restate his motion.
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Mayor Pro Tem Scott stated his motion would be to hire a political-type consultant to do a city -wide poll to get the polls of this community and bring back the repo rt so the City Council can make a more informed decision.
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Mayor Robertson clarified if it is somebody to poll the citizens – a political pollster?
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Mayor Pro Tem Scott stated a pollster is generally someone who does polls. You can use any pollster. Most are connected to the political world.
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Mayor Robertson stated some are in research. I was thinking some that are not political.
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Mayor Pro Tem Scott stated to use a pollster.

She requested that the City Manager secure a pollster wit hin the next 30 days.
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Motion by Council Member Perez second by Council Member Carrizales and carried by a 5-0 vote to Receive an Update on the 2022 Firework Education, Engineering and Enforcement Plan, and gave direction to Staff to hire a consultant to conduct a city-wide firework survey of the residents and report its findings to the City Council.
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Mayor Robertson clarified it should be someone who can conduct a survey of the residents. The sampling should be equal to the size of the voting population in the community.
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Mayor Pro Tem Scott agreed with Mayor Robertson.
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Mayor Robertson stated the voting record is approximately 45,000. 0o0
City Clerk McGee stated it is higher.
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Council Member Trujillo asked about repeat offenders.
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Mayor Robertson asked what does it take for the arrest or the citation to become more than just a misdemeanor.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 18 TAB 5
Update on the 2022 Firework Education
Engineering and Enforcement Plan;
Provide direction to Staff
Police Chief Kling stated it would be based on the offense itself. If it meets felony criteria, the higher charge will be pursued. If it reaches the D.A’s Office, they determine the misdemeanor charge and how it will be filed.
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Mayor Robertson asked if the D.A. ultimately makes the decision at what level they are going to prosecute.
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Police Chief Kling stated the D.A. does cooperate with our findings.

They do try to accommodate, but the elements of the crime have to be there.
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Council Member Trujillo asked about 30 percent repeat offenders.

Is it similar or has it gone down?
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Police Chief Kling stated he would bring back that information to the City Council.
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TAB 6
Consider Options Relating to Mandatory
Commercial Recycling and Mandatory
Organics Recycling Regulations as
Imposed on the City of Rialto by and
through the State of California-Cal
Recycle: Option 1: Adopt Resolution No.
7838, Introduce Ordinance No. 1664;
Option 2: Provide direction to Staff as
appropriate
Marcus Fuller, City Manager, presented staff report to Request City Council to Consider the Following Options Rel ating to Mandatory Commercial Recycling and Mandatory Organics Recycling Regulations as Imposed on the City of Rialto by and through the State of California- CalRecycle: Option (1): Approve the following actions: (A) Adopt Resolution No.7838, A Resolution of the City Council of the City of Rialto, California, Authorizing the City Manager to Submit a Notification of Intent to Comply with the Regulatory Mandates Adopted by the State of California through Senate Bill 1383 and Imposed Upon the City of Rialto, Whereby the City May Secure Administrative Penalty Relief for a Broader and Longer -Term Regulatory Compliance Path through a Corrective Action Plan as Allowed by Senate Bill 619; and (2) (B) Introduce Ordinance No.1664 Removing Chapter 8.08 (Refuse Collection) of the City of Rialto Municipal Code and Adding Chapter 8.08 (Solid Waste Collection and Disposal) to the City of Rialto Municipal Code, and Adding Section 12.50.065 to Chapter 12.5 (Water Efficient Landscape Requirements) as Imposed Upon the City of Rialto by the State of California Pursuant to Assembly Bill 341 (2011), Senate Bill 1018 (2012), Assembly Bill 1826 (2014), and Senate Bill 1282 (2016) and Exposing the City of Rialto to Significant Fines and Penalties for Failure to Adopt Same. OR Option (2): Provide direction to Staff as appropriate.
(ACTION)
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Is it possible to simultaneously have another Ordinance that would provide incentives for residents who decide to compost and be rewarded by not having to pay for costs associated with these bills? 0o0
Mayor Robertson stated the question of incentivizing to our residents is left to us as one of the things that could be viewed as one of the elements in how we are going to be capturing the program. They would not be opposed to it or be providing the resou rces. We could. One of the problems is going to be recognizing those that are already doing certain things. They’re going to be taken out of the waste stream. We have to figure out how do we get credit for our community residents that are doing that.
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City Manager Fuller stated those are measur es that the City can implement locally through its own program.

How do we do that? How can we make sure residents continue to do composting onsite, use community gardens and do everything on their own initiative and how would that translate in some offset in costs? 0o0
Mayor Robertson stated we may be able to use our own compost, organic waste, and divert it back into our systems as it relates to our microgrid; thereby, generating a value and we should be able to capture that value.
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PUBLIC COMMENT Lynn Summers addressed the City Council through Zoom on the importance of education and information related to this new program and thanked the City Council and Cal-Recycle for providing insight and direction to the community.
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Mayor Robertson asked what direction is the City Council going to take.

The action the City Council takes will provide time for education and allow systems to be put in place. The education and activities should have been rolling out. The only thing that went out was a pilot program from Burrtec. The education aspect has not gone out adequately and effectively. Our community needs to know that this is something that we are not imposing. This is something that the State legislative body adopted SB 1383, what could have been voluntary now is mandatory and will be sanctioned if we don’t participate.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 20 TAB 6
Consider Options Relating to Mandatory
Commercial Recycling and Mandatory
Organics Recycling Regulations as
Imposed on the City of Rialto by and
through the State of California-
CalRecycle: Option 1: Adopt Resolution
No. 7838, Introduce Ordinance No. 1664;
Option 2: Provide direction to Staff as
appropriate
Council Member Carrizales stated that considering there are no options, and this is a State mandate, he would move for approval. 0o0
Council Member Trujillo suggested a reference be made on the trash bill to read that this is a State initiative organic recycling program fee and not a local-imposed City fee once the program becomes effective. 0o0
City Manager Fuller stated absolutely.
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Mayor Robertson hoped that no fee would have to be transferred to the residents. We need to find out how much funds are received from Cal-Recycle. We continue to receive funds that could be used to offset to some extent.
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City Manager Fuller stated that Cal-Recycle has a financial assistance program. If the City Council takes action today, there is a round 2 available that provides financial assistance that the City could apply for. 0o0
City Clerk McGee asked to clarify on Option 1 or Option 2. 0o0
Mayor Robertson stated Option 1.
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City Clerk McGee read Ordinance No. 1664 into the record. 0o0

ORDINANCE NO. 1664

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO
CITY, CALIFORNIA REMOVING CHAPTER 8.08 (REFUSE

COLLECTION) OF THE CITY OF RIALTO MUNICIPAL CODE AND
ADDING CHAPTER 8.08 (SOLID WASTE COLLECTION AND

DISPOSAL) TO THE CITY OF RIALTO CITY MUNICIPAL CODE AND ADDING SECTION 12.50.065 TO CHAPTER 12.5 (WATER

EFFICIENT LANDSCAPE REQUIREMENTS) AS IMPOSED UPON

THE CITY OF RIALTO BY THE STATE OF CALIFORNIA PURSUANT
TO ASSEMBLY BILL 341 (2011), SENATE BILL 1018 (2012),
ASSEMBLY BILL 1826 (2014), AND SENATE BILL 1383 (2016) AND

EXPOSING THE CITY OF RIALTO TO SIGNIFICANT FINES AND
PENALTIES FOR FAILURE TO ADOPT SAME.
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The vote was: AYES: Mayor Robertson, Council Member Carrizales, Council Member Trujillo, Council Member Perez.

NOES: Mayor Pro Tem Scott. ABSTAIN: None. ABSENT: None. 0o0
TAB 7
Adopt Resolution No. 7840 Amending the
FY 2021-2022; Adopt Resolution No. 7841
Updating the Citywide Class and
Compensation Table for Full-Time and
Part-Time Employees
Marcus Fuller, City Manager, presented staff report to Request City Council to: (1) Receive a Presentation on General Fund Revenue and Expenditures for Second Quarter of Fiscal Year 2021 -2022 (the “Mid- Year Budget Review”); Adopt Resolution No. 7840 Amending the Fiscal Year 2021 -2022 Fiscal Budget, and (3) Adopt Resolution No. 7841 Updating the Citywide Class and Compensation Table for Full - Time and Part-Time Employees.
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Property Tax Revenue Council Member Trujillo asked if the project ed $48 million include the performance of Fulfillment Center (un-named) opening in the south. 0o0
City Manager Fuller stated that facility opened in the fall, so it has not reflected in any sales tax receipts received.
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Council Member Trujillo asked if the projection could possibly be greater than $50 million received.
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City Manager Fuller stated yes, it is possible. We don’t know if the Fulfillment Center will be a point of sale or distribution center. I have asked them to figure that out.
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Council Member Trujillo asked if any formal advocacy has been done with other City Managers to address online sales tax to have a voice as a City.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 22 TAB 7
Adopt Resolution No. 7840 Amending the
FY 2021-2022; Adopt Resolution No. 7841
Updating the Citywide Class and
Compensation Table for Full -Time and
Part-Time Employees
City Manager Fuller stated a number of City Managers who a re benefitting are also on the tax and revenue committee of Cal Cities and appointed to the City Managers working group. I am part of the discussion and it’s continuing to ensure that we’re monitor any effort to redistribute the wealth occurring at the State level.
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Recommended Personnel Additions Council Member Carrizales asked for more information on the Fire Marshall position.
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Acting Fire Chief Brian Park stated similar to the administrative structure in the police department, it gives us the opportunity with oversight, code of conduct, budget, grants, risk reduction, emergency management, that currently the Fire Chief is responsible for. That position would serve as the official Fire Marshall which has been vacant since 2009 due to the budget cuts suffered at the time.
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Council Member Trujillo asked about UUT totals and how the revenue did not seem to reflect the period of time residents were on quarantine. 0o0
City Manager Fuller stated there is a high percentage of delinquent water and sewer accounts. There was a moratorium on shutoffs and might be the reason why it would not be reflecting the increase. 0o0
Council Member Trujillo asked about the addition of Animal Control personnel.
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Police Chief Kling stated currently there is no Animal Control staff. The new model could consist of seven days rather than four days a week.

The increase is for the weekend coverage.
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Council Member Trujillo asked if it was possible to add the unfunded liability on the list.
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City Manager Fuller stated yes.

Council Member Trujillo asked about the impacts the State initiatives have to City staff in terms of increased costs.
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City Manager Fuller stated it add s more volume of duties to the workload. Now there are a lot splits and new units that can be built in single, residential neighborhoods where we didn’t expect it. The fee structure is still in place to cover whatever ministerial costs may be incurred. It ’s a matter of managing the workload. We’ll take those applications and process them accordingly.
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Council Member Trujillo asked about recovering the costs with the growth of the granny flats or other State initiatives with housing. 0o0
City Manager Fuller stated there is. By applying and paying for the permit cost for entitlement and building permit.
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Mayor Robertson stated when the fee schedule is reviewed and is it time to review again.
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City Manager Fuller stated yes.
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Council Member Carrizales asked what the estimated cost for the $10 million for the police station and what is the allocation estimate. 0o0

City Manager Fuller stated it could be $50 million or $100 million based upon the type of police station.

He described a buy-back model that was used successfully in Riverside County and will be working on its solicitation document. Looking for an economical, tilt-up building. There is a lot to be determined. It can take 18-24 months to get underway.
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Council Member Carrizales asked if it would take place in the same location where the current police station is located.
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City Manager Fuller stated that is the concept. There has been no formal action by the City Council but that has been the discussion. 0o0

We still do not have the space for additional staff. How can we look at the same thing for City Hall? We have not looked at that. Why not take the same opportunity to look at the same model to begin to accomplish something? This place is very, very dated and does not meet our current needs. But it also does not really meet some of the safety needs that we need to address, and we’ve already spoke to. I would hope that we somehow look at it in its entirety. I know that on your model, the possibility of that happening because as long as we own the land, or if the builder builds it, do we get the land as part of what they do and lease back the building from them or do we keep the land. We have quite a bit of land. I can’t see why we couldn’t do something similar for a multi- purpose facility for us in a Council Chamber for our residents.

Our Chamber is currently not adequate to even accommodate 125 capacity. It does not meet our ability, and we’re dealing with a lot of technology, but this building as you all know has a lot of old wiring and technology in it. It does not have fiberoptic. I would hope that we would get some consideration to what our citizens and community needs as well as our various public safety departments.

Mayor Robertson also asked about a fee schedule review. 0o0
City Manager Fuller stated there was one at the beginning COVID pandemic. Staff has been asked to revisit to contact a consultant to complete the task.
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Mayor Pro Tem Scott stated he does not agree with the City Hall idea.

He believes a police station could happen much quicker and faster and then do a parallel track on City Hall. There’s more planning that goes into that. We should work on both projects.
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Mayor Robertson stated she does not believe one needs to start off. We have spent many years looking at a Civic Center before we were assessing the needs of our police department. Not to say t he police department should not be brought up to state-of-the-art.

She emphasized the question should we keep it on the existing site or should we take some of the land we have available and build it on this side of City Hall and enclose our campus. She is not opposed to a police department building.
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Mayor Pro Tem Scott believed the police department should be separate from City Hall.
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Motion by Council Member Perez, second by Council Member Carrizalez and carried by a 5-0 vote to Receive a Presentation on General Fund Revenue and Expenditures for Second Quarter of Fiscal Year 2021 -2022 (the “Mid -Year Budget Review”); Adopt Resolution No. 7840 Amending the Fiscal Year 2021-2022 Fiscal Budget, and (3) Adopt Resolution No. 7841 Updating the Citywide Class and Compensation Table for Full -Time and Part-Time Employees. 0o0
PD UPDATE Police Chief Kling gave the City Council an update on a report. 0o0
REPORTS The City Council and gave their reports.
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Police Chief Kling gave City Council an update on a report. 0o0
ADJOURNMENT Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5 -0 vote, to adjourn the City Council Meeting at 9:30 p.m.
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DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 22, 2022 Page 26

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 98853E1E-D9CE-4C13-AC1D-9503F84B8FA4

Rialto City CouncilFebruary 22, 2022

Rialto City Council
February 22, 2022