REGULAR MEETING
of the
CITY OF RIALTO
CITY COUNCIL
City of Rialto, acting as Successor Agency to the
Redevelopment Agency
MINUTES
March 8, 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 on Tuesday, March 8, 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 5:00 p.m. 0o0
The roll was called, and the following were present: Mayor Debor ah Robertson, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, Council Member Trujillo, and Council Member Karla Perez. Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.
City Treasurer Edward Carrillo was absent.
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1 CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
One (1) matter:
(1) Aura Perez v. City of Rialto, et al., SBSC Case No. CIV DS2016573
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)
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 2
CLOSED SESSION 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8
Property: North side of Bonnie View Avenue,
west of Riverside Avenue
(APN 0131-021-42-000 & 0131-021-40-000)
Agency Negotiator: City Manager Marcus Fuller;
City Attorney Eric Vail.
Negotiating Parties: City of Rialto Housing Authority and Rialto Metrolink
South Housing Partners, L.P.
Under Negotiation: Price and Terms Sale
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
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OPEN SESSION Motion by Council Member Carrizales, second by Trujillo and carried by a 5-0 vote to go into Closed Session at 5:02 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 6:49 p.m. 0o0
The roll was called, and the following were present: Mayor Robertson, 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. 0o0
Pledge of Allegiance and
Invocation
Mayor Pro Tem Scott led the pledge of allegiance.
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Pastor Mark Baur – 1st Baptist Church Rialto gave the Invocation. 0o0
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 3 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) Aura Perez v. City of Rialto, et al., SBSC Case No. CIV DS2016573
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 Attorney stated the agenda referenced six Items. Two Items were handled. The remaining Items were either not necessary or will be deferred over to a subsequent meeting. There was no reportable action on those Items.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: North side of Bonnie View Avenue,
west of Riverside Avenue
(APN 0131-021-42-000 & 0131-021-40-000)
Agency Negotiator: City Manager Marcus Fuller;
City Attorney Eric Vail.
Negotiating Parties: City of Rialto Housing Authority and Rialto Metrolink
South Housing Partners, L.P.
Under Negotiation: Price and Terms Sale
The City Council had a briefing from the City Manager. There is no other reportable action.
4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
This Item was finished. There is no other reportable action.
This concludes City Attorney report on Closed Session.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 4
PRESENTATION AND
PROCLAMATIONS
1. Introduction of new employees by Marcus Fuller, City Manager:
Kathy Brann - Community Development -
Economic Development Manager
Nathen Luu - Information Technology –
IT Network Administrator
Jonathan Ballard - IT Network Engineer
2. Presentation - N. Riverside Ave. Reconstruction Project- Marisa Trautz, Cpog Community Outreach
3. Presentation - Rialto Assistance Program Progress
Presentation by Lisette Montoya
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ORAL COMMUNICATIONS Lupe Camacho, Rialto resident, thanked the Mayor and City Manager for their meeting related to the Riverside Rehabilitation Project.
She would request temporary ADA ramps on this project.
She addressed the City Council to reconsider hiring a full-time, staff City Attorney to advise on the legalities behind the decisions City staff makes when they interact with the public.
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Mayor Pro Tem Scott stated he finds it necessary to make a statement as a citizen of this community regarding Ms. Camacho’s remarks.
At no time, was there litigation against the City of Rialto regarding my business or regarding the building department. I did file a claim which cost nobody any money that the City somewhat addressed and I would hope is continuing to ad dress the issues with bad inspections and bad decisions. At no time, did I bring litigation against the City. The claim that there was $100,000 spent, I have no idea what it refers to because I don’t believe the City has spent any money on that issue. I have spent money on that issue, but that is personal money.
That’s all I have to say.
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City Council to Consider removing or
continuing any items on the agenda
Mayor Robertson abstained from Warrant Resolution No. 32 - Voucher No. 222182 in the amount of $3,776.44 and $1,927.69 made out to the National Council of Negro Women.
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Council Member Trujillo would like to pull E.4 for discussion. 0o0
City Attorney Vail stated the Appellant on TAB 1 requested the Public Hearing Notice be reissued and the Public Hearing be continued. He recommends continuing at the April 12, 2022 meeting and reissue the Notice indicating that it will be live, in -person meeting in order for staff to process and give the appropriate 10-day notice.
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 5 City Council to Consider removing or
continuing any items on the agenda
Mayor Robertson asked the City Council where in the Notice this situation occurred. This matter has b een before the Planning Commission and the City Council. Where do we lack the clarity on indicating that this would not still be able to be accommodated by virtual?
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City Attorney Vail stated that his information was that the Public Notice Hearing for this Hearing indicated that it would be an all-virtual meeting as opposed to the City Council’s decision to go back to meeting in person. Given that, the Appellant requested and would like to continue the meeting and have the Public Notice reissued to indicate it would be an in-person meeting.
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Mayor Robertson asked who issued the Public Notice for the appeal. 0o0
City Attorney Vail stated the City of Rialto Planning Department. 0o0
Mayor Robertson stated her concerns with the missteps or miscoordination with procedural postings.
She stated people are beginning to lose time and resources , and the City is also losing the ability to develop the project due to missteps. I don’t believe we gave ample notice to those who were coming to speak on the matter.
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City Manager Fuller asked that the Applicant be contacted as well. 0o0
Mayor Robertson asked if the Applicant was contacted between Closed Session and now. We just discovered this?
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City Manager Fuller stated correct.
He also asked the City Council to pull Consent Item E.5. There is an amendment to the recommendation.
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Council Member Carrizales stated for the record he will be abstaining from TAB 1 due to a conflict of interest.
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Mayor Robertson stated thank you. When it comes back in April, we will make that same announcement.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 6 E.4
Outdoor Equity Grants Program Grant
Funds
Council Member Trujillo asked if there was a possibility of adding a mobile unit to Frisbie Park to accommodate City programs to residents residing in the north Rialto area.
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Community Services Director Alvarado-Crawford stated this application was submitted in October 2021. We are requesting to have the Resolution No. 7778 amended into the five different projects. The deadline has past. We are requesting budget for mobile un its for parks that were not named in this grant to service the resident in the north end. 0o0
Council Member Trujillo stated he is concerned that the residents from the north end are finding alternate places to go that are closer to them rather than Rialto facilities. He wants to find some solutions to have Community Services representation in the north end.
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Community Services Director Alvarado-Crawford stated it is on radar to determine how to implement programs in the north end and be more involved.
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E.5
Approve Professional Services
Agreement with Engineering Resources
of Southern California for On-Call Plan
Check Services; Approve Professional
Services Agreement with Willdan
Engineering for On-Call Plan Check
Services
City Manager Fuller stated Item E.5 was to approve an amendment to the two existing on -call contracts for engineering plan check services.
It follows the action at the prior City Council meeting of February 22, 2022 where we had the mid -year budget update where the volume of development activity, and we increased revenues and expenditures.
This action would allow us to increase the contracts for that volume of work. I am ask ing for that to include the ability to contract with one or both of those firms up to $200,000 for the remainder of the year for staff support. We’re continuing to recruit to fill impor tant positions in the engineering department. This would help improve service delivery while working to fill those positions. So I would recommend that to you tonight.
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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. 32 (2/24/2022)
B.2 Warrant Resolution No. 33 (03/03/2022)
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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – February 22, 2022
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 7 CONSENT CALENDAR D. CLAIMS AGAINST THE CITY
D.1 SJ" through Guardian ad Litem Lashay Grayes - Personal Injury 0o0
E. MISCELLANEOUS
E.1 Request City Council to Approve the Updated Fiscal Year 2021/2022 Yearly Conference/Travel Expense Schedule for City Council Members.
E.2 Request City Council Receive and File Treasurer’s Monthly Reports for the month end of January 2022.
E.3 Request City Council to Adopt by Second Reading 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),
ASSEMBLYBILL 1826 (2014), AND SENATE BILL 1383 (2016)
AND EXPOSING THE CITY OF RIALTO TO SIGNIFICANT
FINES AND PENALTIES FOR FAILURE TO ADOPT SAME.
E.4 Request City Council to Adopt Resolution No.7778 -A through 7778-E Amending Resolution No. 7778 to Identify the Park Locations in the City’s Application for $1,373,500 Outdoor Equity Grants Program Grant Funds through the California Department of Parks and Recreation Parks Office.
E.5 Request City Council to: (1) Approve the Second Amendment to the Professional Services Agreement with Engineering Resources of Southern California for On -Call Plan Check Services; (2) Approve the Second Amendment to the Professional Services Agreement with Willdan Engineering for On -Call Plan Check Services; and (3) Authorize the City Manager to Execute All Documents.
E.6 Request City Council Adopt Resolution No.7842 Approving Tract Map 20205 for the Subdivision of Land into One Hundred Forty - Six (146) Residential Lots and Two (2) Lettered Lots to Facilitate the Development of the Lytle Creek Ranch Specific Plan Master Planned Community and Approving an Associated Subdivision Improvement Agreement.
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 8 CONSENT CALENDAR E.7 Request City Council to Adopt Resolution No.7843 Approving Tract Map 20209 for the Subdivision of Land into One Hundred Thirty - One (131) Residential Lots and One (1) Lettered Lot the Development of the Lytle Creek Ranch Speci fic Plan Master Planned Community and Approving an Associated Subdivision Improvement Agreement.
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Motion by Council Member Perez, second by Council Member Trujillo and carried by a 5-0 vote to approve the Consent Calendar.
Mayor Robertson abstained from Warrant Resolution No. 32 - Voucher No. 222182 in the amount of $3,776.44 and $1,927.69 made out to the National Council of Negro Women.
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PUBLIC HEARING
TAB 1
Appeal of the Planning Commission’s
Decision Approving CDP No. 2021-0002
and PPD No. 2021-0002 and Consider
Resolution No. 7844
TAB 1 was pulled from the City Council’s agenda and will be continued at the April 12, 2022 City Council meeting.
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TAB 2
Adopt Resolution No. 7845 and
Approving the General Plan Housing
Element Update (Sixth Cycle)
Siri Champion, Senior Planner, Request City Council to Conduct a Public Hearing to Adopt Resolution No.7845 Adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2021 - 0044) for and Approving the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002).
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Mayor Robertson asked if anyone wished to come forward to speak on this Item.
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Public Comment Delshawn McClellon with Southwest Regional Council of Carpenters addressed the City Council suggesting the City adopt a local and skilled workforce requirement. He believed there will be an
environmental impact.
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Mayor Robertson stated the City Council received a letter related to some items of concern that need to be addressed and asked Ms.
Champion if the concerns will be responded to.
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 9 TAB 2
Adopt Resolution No. 7845 and
Approving the General Plan Housing
Element Update (Sixth Cycle)
Ms. Champion stated that the similar comments originating from the Inland County Legal Services have been received before. The y were submitted to HCD and they were taken under consideration when they prepared their response letter. The first round of comments from ICLS have been taken into consideration. These comments need to be reviewed by HCD as well when the second draft is submitted. 0o0
Mayor Robertson asked if there had been any previous letter of concern that he now spoke to has been provided expressing that as well. 0o0
Ms. Champion stated the Carpenters Union has made comments throughout the process. We have received letters, and they have spoken at several public meetings. We have not received any direction to make adjustments to the plan accordingly.
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Mayor Pro Tem Scott inquired about the rezoning strategy – Seven opportunity areas. He asked specifically about 1. Foothill Boulevard Specific Plan. How do you propose to change zoning where commercial businesses are already built?
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Ms. Champion stated all of the properties are currently zoned four different designations. Within those designations, residential is already allowed. There would no change to the use of residential only in density and size. Density is based on the size of the project.
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Mayor Pro Tem Scott asked if there is a residential overlay on Foothill Boulevard.
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Ms. Champion stated residential is an allowed use within all of those zones.
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Mayor Pro Tem Scott asked if I owned a commercial building on Foothill Boulevard, and I come into the Planning Department, and I want to tear the existing building down because it’s 50-100 years old with a new retail center or a new shop. I am required to also build a residential with it. 0o0
Ms. Champion stated we will not tell you that. We will tell you that the commercial retail is an allowed use and you also have the option to build residential but that is not required. There is a mixed-use category in the commercial mixed-used zone.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 10 TAB 2
Adopt Resolution No. 7845 and
Approving the General Plan Housing
Element Update (Sixth Cycle)
Mayor Pro Tem Scott asked if staff has ever told any developer, they cannot build commercial. You have to build 50 percent as residential.
Ms. Champion stated not that I am aware of.
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Mayor Pro Tem Scott asked if Ms. Champion ever heard such a thing. 0o0
Ms. Champion stated in the mixed -used zone, there is a requirement, but I am not familiar with what that specific requirement is. 0o0
Mayor Pro Tem Scott asked if this was entirely a mixed-use zone. 0o0
Ms. Champion stated yes, there is a commercial mixed-use category. 0o0
Mayor Pro Tem Scott asked when was this category put in place. 0o0
Ms. Champion stated in 2010.
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Council Member Trujillo stated he remembers it. He was in the audience.
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Mayor Pro Tem Scott asked what was the participation of property owners.
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Ms. Champion stated she is not aware. She was not with the City of Rialto in 2010.
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Mayor Pro Tem Scott stated thank you.
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Council Member Trujillo asked about discussion relating to high -rise buildings. He believes the implication is to build up to create the density that is being referenced.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 11 TAB 2
Adopt Resolution No. 7845 and
Approving the General Plan Housing
Element Update (Sixth Cycle)
Ms. Champion clarified that State mandates 30 units per acre or more for low-income housing. The higher density referenced is in response to State mandates. The height limits are established in the zoning code and in the specific plans. The highest heights that we allow in the City allowed are on Foothill Boulevard. In that plan, 75 feet in height is allowed. She doesn’t envision the market supporting anything at th at height in the near future. Height will be discussed in the rezone strategy. 0o0
Council Member Trujillo stated he cannot picture the space accommodating just for the vehicles and having those numbers while trying to maintain commercial.
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Ms. Champion stated different developments at different densities will be displayed. No illustrations are shown of buildings over four or five stories high.
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Council Member Trujillo continued to express some of his concerns with the project.
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Mayor Robertson reiterated Council Member Trujillo’s concern related to the opportunities in the seven zones. The density increase is also changing with the parking requirements and how many vehicles are expected to be accommodated. This is driven from the HUD down into our State housing. We worry about parking but the direction of this state is the reduction of vehicles and the number of Vehicle Miles Travel (VMT). We need to speak to that.
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Paul Gonzales, Community Development Manager, stated the City is required to provide over 8,000 low-income housing units. We are close to getting that completed. We currently have a zoning that allows up to 48 units per acre. We are only required to do up to 30-35 per State law in some areas. We will look at minimum unit sizing, parking requirements. If they are within certain transit areas, we can only require so many parking spaces. We are looking at all challenges and had plenty of meetings with 5th and 6th cycle housing. The community is very aware of what is going on.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 12 TAB 2
Adopt Resolution No. 7845 and
Approving the General Plan Housing
Element Update (Sixth Cycle)
Mayor Robertson stated she is not a proponent of the reduction only a realist. When we have added units within a mature community, we deal with parking issues.
One of the reasons we took a Resolution in support of putting the matter back on the ballot for SB 9 because when you lose local control and more things are directed to you by Ordinance or State law and we are not aware then the ability to really plan ou r community becomes a little bit more challenging.
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Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5-0 vote to close Public Hearing.
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Council Member Trujillo emphasized the senior citizen community has had to park on the street as well outside of the senior complexes. He believes the situation will worsen.
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Community Development Manager Gonzales stated they will take all their concerns into consideration when they bring it back to the City Council.
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Motion by Council Member Carrizales, second by Mayor Robertson and carried by a 4-1 vote to Adopt Resolution No.7845 Adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2021 - 0044) for and Approving the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002).
The vote was: AYES: Mayor Robertson, Council Member Trujillo, Council Member Carrizales, Council Member Perez.
NOES: Mayor Pro Tem Scott. ABSTAIN: None. ABSENT: None. 0o0
TAB 3
Public Hearing Naming City Building
location at 205 North Riverside Avenue
Cynthia Alvarado -Crawford, Community Services Director, presented staff report to Request City Council to continue the Public Hearing to April 12, 2022, to Review the Recreation and Parks Commission Recommendation for Naming of the City Building located at 205 North Riverside Ave.
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Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 5-0 vote to continue the Public Hearing to April 12, 2022, to Review the Recreation and Parks Commission Recommendation for Naming of the City Building located at 205 North Riverside Ave. 0o0
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 13
NEW BUSINESS
TAB 4
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Brian Park, Acting Fire Chief, 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.
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Council Member Trujillo asked about the plan setting up transitioning to a point to doing more testing to live with the current situation. 0o0
Acting Fire Chief Park stated we are transitioning into that recovery phase where we are starting to see more normalcy.
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Council Member Trujillo asked how we would plan in the event of another wave.
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Acting Fire Chief Park stated that is the benefit of the local emergency to have better situational awareness. By staying in surveillance mode with surveillance tools, we will have a better capability to handle the new variant.
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Council Member Trujillo asked if Antigen tests would be available to the community should a resurgence occur.
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Acting Fire Chief Park stated that efforts never stopped to secure Antigen, PPE and continue to work with community groups. 0o0
Council Member Trujillo stated testing becomes difficult when there is a surge and many need a work requirement negative test, so it’s important to have Antigen tests.
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Acting Fire Chief Park stated that it is important to prepare and provide the tests, vaccines, resources while closely watch the new variant. 0o0
Council Member Trujillo stated we still need to continue our Declaration of Local Emergency for our State and Federal programs for Rialto residents who are being impacted by the pandemic even as we transition from pandemic to endemic.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 14 TAB 4
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
City Attorney Vail stated that as of today, it is my understanding that in order to make sure th e funds continue, we still need to have a local emergency within our community. At some point in time, the Federal or State government could change funds under a different grant system that don’t require us to have an emergency. I am not awa re that has transpired yet.
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Mayor Robertson inquired about the Omicron BA.2 variant and asked if that was consistent throughout the County as well. Is it a warning that we need to do anything different? The testing available do not go to the level of the variant.
As presented and ask for recommendation for further direction in relation thereto. I ask the City Council what are your directions.
Keeping the emergency intact similar to the County and the State is not something we n eed to declare yet. What is the pleasure of the City Council?
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Council Member Perez stated what was learned in the last two years is that waves go up and down especially during the summer or the holidays. Continuing the local emergency is important. Considering this variant is 30 percent more transmissible, we anticipate numbers increasing in the next few months.
I do support unmasking in City buildings. Should staff want to continue, it is optional. Currently the numbers are where they should not have to especially if it is not mandated in most public places. It is important to continue the local emergency due to the new variants and we don’t know what is to come with each.
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Mayor Robertson asked if there needs to be any action moving forward in a way of recommendation.
Council Member Perez, would you like to make a motion.
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Council Member Perez stated she would like to make a motion to continue the local emergency and move forward with not requiring masks in our City buildings.
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Mayor Robertson emphasized that should a person choose to wear a mask, but it is not a requirement to enter our public facility. 0o0
Council Member Trujillo clarified if the unmasking mandate pertained to residents or employees.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 15 TAB 4
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Council Member Perez stated both.
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Council Member Trujillo asked if that could always be revisited. 0o0
Council Member Perez stated yes because it has been ongoing. 0o0
City Attorney Vail stated that regardless of what the City Council decides for the public, it will still have to comport with OSHA regulations. 0o0
Motion by Council Member Perez second by Council Member Carrizales 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 moving forward will not require masks or COVID restrictions to enter City buildings.
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TAB 5
Approve First Amendment to the
Purchase of Sale Agreement by
Successor Agency to the Rialto
Redevelopment Agency, the City of
Rialto and NewMark Merrill Companies,
Inc. relating to sale of 15.09 Acres;
Approve Fee Deferral Agreement of
Development Impact Fees and Plan
Check Fees related to Precise Plan of
Design No. 2021-0059
Marcus Fuller, City Manager, presented staff report to Request City Council to: (1) Approve a First Amendment to the Purchase and Sale Agreement by and between the Successor Agency to the Rialto Redevelopment Agency, the City of Rialto, and NewMark Merrill Companies, Inc., relating to the sale of 15.09 Acres Located West of Riverside Avenue and North of Valley Boulevard; (2) Approve a Fee Deferral Agreement of Development Impact Fees and Plan Check Fees to be Paid by Newmark Merrill Companies, Inc. Related to Precise Plan of Design No. 2021-0059 in Substantially the Form Provided Subject to Minor Changes Approved by City Manager and City Attorney; and (3) Authorize the City Manager to Execute All Documents.
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Mayor Pro Tem Scott stated it is important for the City Council and community to understand what will be developed in the new shopping center, Sprouts Farmers Market, Burlington, Ulta Beauty, In & Out Burger and car wash. It’s going to add a lot to the south end of the Rialto and the entire community.
I am very happy we are starting to move forward with this project. 0o0
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 16 TAB 5
Approve First Amendment to the
Purchase of Sale Agreement by
Successor Agency to the Rialto
Redevelopment Agency, the City of
Rialto and NewMark Merrill Companies,
Inc. relating to sale of 15.09 Acres;
Approve Fee Deferral Agreement of
Development Impact Fees and Plan
Check Fees related to Precise Plan of
Design No. 2021-0059
Motion by Mayor Pro Tem Scott second by Council Member Carrizales and carried by a 5-0 vote to approve 1) Approve a First Amendment to the Purchase and Sale Agreement by and between th e Successor Agency to the Rialto Redevelopment Agency, the City of Rialto, and NewMark Merrill Companies, Inc., relating to the sale of 15.09 Acres Located West of Riverside Avenue and North of Valley Boulevard; (2) Approve a Fee Deferral Agreement of Deve lopment Impact Fees and Plan Check Fees to be Paid by Newmark Merrill Companies, Inc.
Related to Precise Plan of Design No. 2021 -0059 in Substantially the Form Provided Subject to Minor Changes Approved by City Manager and City Attorney; and (3) Authorize the City Manager to Execute All Documents.
Mayor Pro Tem Scott objected to Item (2) Approve a Fee Deferral Agreement of Development Impact Fees and Plan Check Fees to be Paid by Newmark Merrill Companies, Inc. Related to Precise Plan of Design No. 2021 -0059 in Substantially the Form Provided Subject to Minor Changes Approved by City Manager and City Attorney; 0o0
TAB 6
Adopt Resolution No. 7846
Construction Fee Credit and
Reimbursement Agreement
Marcus Fuller, City Manager, presented staff report to Request City Council to Adopt Resolution No.7846 Approving a Construction Fee Credit and Reimbursement Agreement by and between the City of Rialto and Golden State Travel Centers, LLC, a Delaware limited liability company.
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Mayor Robertson asked about the correct fees charged.
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City Manager Fuller stated yes.
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Mayor Robertson stated this will be an interesting project. I am excited to see this project moving forward.
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Mayor Pro Tem Scott emphasized that this will generate substantial sales tax for the City and make it one of our largest sales tax generators for the City. The Fontana location generates approximately $15 million dollars. It’s a facility that generates very good revenue. 0o0
Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 5-0 vote to Adopt Resolution No.7846 Approving a Construction Fee Credit and Reimbursement Agreement by and between the City of Rialto and Golden State Travel Centers, LLC, a Delaware limited liability company.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 17 TAB 7
Adopt Resolution Amending Capital
Improvement Program to Add I-10
Riverside Avenue Interchange Phase 2,
City Project No. 140813; Approve
Professional Services Agreement with
Jacobs Engineering Group, Inc.
David Hammer, City Engineer , presented staff report to Request City Council to: (1) Adopt Resolution Amending the Capital Improvement Program to Add “ I/10 Riverside Avenue Interchange Phase 2, City Project No. 140813” and appropriate Budget of $7,153,107; (2) In accordance with Section 2.48.290 “Special expertise procurement” of the Rialto Municipal Code, Approve a Professional Services Agreement with Jacobs Engineering Group, Inc., in the Amount of $2,618,927 for Final Design Services; and (3) Authorize the City Manager to Execute all Documents.
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Mayor Pro Tem Scott commended Mayor Robertson for her work in getting this approved by SBCTA.
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Mayor Robertson stated she had the opportunity to meet with Congressmember Norma Torres and her staff to address outstanding matters.
This still is very concerning to me when the City has identified “The widening alternative as the preferred alternative in that the replacement of the bridge is not necessary.”
In January, the CongressMember Torres staff commented that this bridge was on a list of structures, at the Federal level that had been identified for total replacement. I shared that with our Cit y Manager. I am very hesitant to be happy because I firmly believe the structure is old enough that it does require a full replacement as opposed to adding, widening as an alternative. Let’s proceed, but I am asking the question publicly and I expect someone to get back to me or call the staff person in Washington, D. C.
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Mayor Robertson stated the American Rescue Act funds are looking at structures. I don’t’ want to spend time and money doing an alternative widening when the whole structure needs to be replaced. The State of California Department of Transportation, they have the responsibility to tell us and put the m on the list for the USDOT. Structure are responsibilities of CalTrans.
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Mayor Pro Tem Scott emphasized to continue fighting.
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Mayor Robertson stated I need an answer.
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City Manager Fuller stated the last bridge inspection report from CalTrans was in 2020.
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Mayor Robertson stated she needs to have it in writing.
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 18 TAB 7
Adopt Resolution Amending Capital
Improvement Program to Add I -10
Riverside Avenue Interchange Phase 2,
City Project No. 140813; Approve
Professional Services Agreement with
Jacobs Engineering Group, Inc.
City Manager Fuller stated yes, we will. I will get that information. 0o0
Mayor Robertson stated she is asking in front of a public audience.
I am happy we are moving forward. If that bridge goes down, on those tracks, we are really going to be affecting Goods Movement, Logistics, and Freight. We will have more than just vehicles and trucks. It will land on the UP tracks. And they are very much part of the supply chain and supply quarter. Union Pacific is not responsible for the structure. We are. It is over their right-of-way.
Just know that I expect a response in writing.
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Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 5-0 vote to (1) Adopt Resolution Amending the Capital Improvement Program to Add “I/10 Riverside Avenue Interchange Phase 2, City Project No. 140813” and appropriate Budget of $7,153,107; (2) In accordance with Section 2.48.290 “Special expertise procurement” of the Rialto Municipal Code, Approve a Professional Services Agreement with Jacobs Engineering Group, Inc., in the Amount of $2,618,9 27 for Final Design Services; and (3) Authorize the City Manager to Execute all Documents.
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Mayor Robertson stated she is not objecting but wants answers. We will proceed until apprehended.
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TAB 8
Approve Professional Services
Agreement with CSG Consultants, Inc.
Marcus Fuller, City Manager, presented staff report to Request City Council to: (1) Approve a Professional Services Agreement with CSG Consultants, Inc., a California Corporation for On-Call Building Plan Check, Inspection and Related Services; and (2) Authorize the City Manager to Execute All Documents.
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Council Member Trujillo asked if this was for a private development. 0o0
City Manager Fuller stated yes.
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Council Member Trujillo stated he hoped all the issues can be communicated including ADA and public right-away.
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Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5-0 vote Approved a Professional Services Agreement with CSG Consultants, Inc., a California Corporation for On-Call Building Plan Check, Inspection and Related Services; and Authorized the City Manager to Execute All Documents.
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 19 TAB 9
Approve Principles of Agreement with
IEUA Relating to Long -Term Sale
Wastewater Effluent for Recycled Water
Purposes
Marcus Fuller, City Manager and Ste phen Dopud ja, with Dopudja & Wells Consulting, Inc., presented staff report to Request City Council to:
(1) Approve the Principles of Agreement with the Inland Empire Utilities Agency Relating to the Long -Term Sale of Wastewater Effluent for Recycled Water Purposes; and (2) Authorize the City Manager to Execute All Documents.
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Mayor Pro Tem Scott stated this is a project that he a nd Mayor Robertson have worked on for many years. This is a huge thing for our City as is the monetary value. This shows good work on the part of City staff, Mr. Dopudja, Mayor Robertson and myself moving this Item forward. This benefits our surrounding areas and put it to good use.
I was asked to read a statement from Jasmine Ha ll, a Director from IEUA. She was unable to attend but asked to convey this message t o City Council and residents.
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Mayor Pro Tem Scott read as follows:
“Good evening. On February 16, the IEUA Board approved the IEUA Rialto/San Bernardino Valley District Water Resources partnership principles of agreement. IEUA is very excited to work with the City of Rialto to develop a long, beneficial partnership that supports the City and the region’s local resilience and reliability.”
I would like to personally thank Ms. Hall and the IEUA Board for working with us, entertaining us and moving forward to approve the concept. It’s something that we should all be very proud of.
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Council Member Trujillo asked about water conservation. If our volume water drops, would the City still be in partnership.
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Mr. Dopudja stated that water is being exceeded at the moment. That amount was established in 2019 at the height of the drought restrictions before the rebound of customer usage. Conservation efforts will be mostly exterior related to landscaping.
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Council Member Trujillo asked if wastewater is going through our treatment plant. Is this part of that water usage as well? 0o0
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 20 TAB 9
Approve Principles of Agreement with
IEUA Relating to Long -Term Sale
Wastewater Effluent for Recycled Water
Purposes
Mr. Dopudja stated based on what has been seen there are no concerns.
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Council Member Trujillo asked if residents can get credit for water conservation for this project.
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City Manager Fuller stated he does not have an answer and would not know how this would translate into individual credits for homeowners.
He would ask Mr. Dopudja and Steve Crowley, Utilities Manager to investigate.
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Council Member Trujillo stated it warrants attention as conservation goals.
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Mayor Robertson stated it has been a long journey. We found ourselves with a great window of opportunity but more importantly, it is helping to partner building relationships to the West. It’s working together and making some things happen. I applaud all those who have worked with us, including Jasmine Hall. There are a lot of elements to it. I am excited. It’s been a great, amazing and revolutionary way to monetize and benefit our community.
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Mayor Pro Tem Scott stated it will provide funding for capital water projects and help reduce and keep water rates lower than what they would normally be. We can backfill water rates with that. Currently, there are not much funds in our water fund for water capital projects, so ultimately, it will benefit greatly.
We could help residents with a better program for converting laws to drought-tolerant vegetation. We are lacking in that area. We have not had a good program which helps people fund that. I would hope we would explore that.
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Mayor Robertson stated there’s a grant for Water Smart efforts through the Bureau of Reclamation. There’s some wonderful ideas of how we can provide benefit.
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Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 5-0 vote Approved the Principles of Agreement with the Inland Empire Utilities Agency Relating to the Long -Term Sale of Wastewater Effluent for Recycled Water Purposes; and Authorize d the City Manager to Execute All Documents.
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 21 TAB 9
Approve Principles of Agreement with
IEUA Relating to Long -Term Sale
Wastewater Effluent for Recycled Water
Purposes
Mr. Dopudja expressed his appreciation to the staff and IEUA Board for their collaboration.
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TAB 10
Approve Final Construction to Rialto
Water Services for Rialto Biosolids
Upgrade Study, Design, GMP
Preparation, and Microgrid Project
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to (1) Approve the Final Construction Work Authorization in the Amount of $270,907 to Rialto Water Services for Rialto Biosolids Upgrade Study, Plant 1&2 Demolition Design and GMP Preparation, and Additional Electrical Design for the Microgrid Project and (2) Authorize the City Manager to Execute All Related Documents.
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Motion by Mayor Pro Tem Scott second by Council Member Carrizales and carried by a 5-0 vote Approved the Final Construction Work Authorization in the Amount of $270,907 to Rialto Water Services for Rialto Biosolids Upgrade Study, Plant 1&2 Demolition Design and GMP Preparation, and Additional Electrical Design for the Microgrid Project and Authorized the City Manager to Execute All Related Documents. 0o0
TAB 11
Automatic Payment Plans Program for
Water Arrearages; Authorize payment to
Rialto Water Services for Professional
Services
Tom Crowley, Utilities Manager, presented staff report to Request City Council/Rialto Utility Authority Board to: (1) Authorize Automatic Payment Plans Program for Water Arrearag es that are 60 Days and older, (2) Authorize Payment to Rialto Water Services in the Amount Not to Exceed of $48,500 for Professional Services to Implement the Automatic Payment Plans, and (3) Authorize the City Manager to Execute All Related Documents.
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Mayor Pro Tem Scott emphasized and wanted to make certain that this was modeled after the Southern California Edison plan.
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Mr. Crowley stated it is and all of PG & E, Sa n Diego Gas and Electric all were given permission.
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Mayor Pro Tem Scott stated Southern California Edison did not notify the public before rolling out. It just showed up on everyone’s bill. It was a little surprising to some people. I hope we do a better job in letting individuals know we will be implementing this program. They can either pay their bill as they want, in full or on a payment plan cover their arrearages in a 12 -month period. We should have done it sooner, but we are doing it now. I want to thank Mr. Dopudja, Veolia, and RSA for their assistance.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 22 TAB 11
Automatic Payment Plans Program for
Water Arrearages; Authorize payment to
Rialto Water Services for Professional
Services
Council Member Perez requested payment information about the funds we have available for the utility payments so outreach for assistance for that as well.
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Mr. Crowley stated yes, we will do that.
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Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5-0 vote Authorized Automatic Payment Plans Program for Water Arrearages that are 60 Days and older, Authorize d Payment to Rialto Water Services in the Amount Not to Exceed of $48,500 for Professional Services to Implement the Automatic Payment Plans and Authorized the City Manager to Execute All Related Documents. 0o0
TAB 12
Adopt Resolution No. 7847 Adopting the
American Rescue Plan Act Grant in
Accordance with the Final Rule by the
U.S. Department of Treasury; Adopt
Resolution 7848
Aaron Brown, Deputy City Manager, presented staff report to Request City Council to: (1) Adopt Resolution No.7847 Adopting the American Rescue Plan Act Grant Programmatic Spending Plan in Accordance with the Final Rule Published by the U.S. Department of Treasury; and (2) Adopt Resolution No.7848 Amending the Fiscal Year
2021-2022 Budget.
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Mayor Pro Tem Scott stated he has had a lot of employees ask why we haven’t recognized them as far as working during COVID and keeping the City moving forward. I am of the opinion that we should make an effort to recognize all employees not just public safety but all employees that kept working during COVID and kept the City going. I would like to potentially propose a one-time payment to give City employees recognition and kept the City operating during COVID.
There are two lost groups in our society that didn’t really get a lot of help during COVID. One is employees whether private or public they kept working, kept taking care of their jobs and their community. And the other group is senior citizens. They’ve been left behind. They received one or two payments but have not received a lot of assistance. 0o0
Mayor Pro Tem Scott stated we had part -time employees in the parks making sure that people were wearing masks doing what they needed to do protecting and keeping everybody safe. We need to recognize those people. I would like to look to see if we have fund s to reprogram that we would look at a program for the employees of our City. 0o0
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 23 TAB 12
Adopt Resolution No. 7847 Adopting the
American Rescue Plan Act Grant in
Accordance with the Final Rule by the
U.S. Department of Treasury; Adopt
Resolution 7848
Council Member Trujillo stated we had a figure that was provided in earlier drafts of ARPA that were expenditures that were preliminary approved by the previous City Manager but was never brought before the City Council for approval. He requested the draft be brought back to revisit figures to determine appropriation.
He asked about contracting a runner designated to all the mobile home parks to perform wellness checks with the senior citizen community to make certain they are provided with PPEs and staying healthy and needs are met.
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Council Member Carrizales agreed with Mayor Pro Tem Scott and supports granting a financial allocation to all City employees. There were so many employees in the City that never stopped working and agrees with providing compensation as a token of appreciation. 0o0
Mayor Robertson expressed her concerns that the American Rescue Plan Act grant plan recognized funds for public safety personnel but there is still to consider so many employees that stayed such as Public Works and Maintenance. Under the Declaration, there’s the Police and Fire Department, but there’s so many employees who have stayed and kept things going. How come we didn’t recognize even during the normal course of the day but especially in emergency situations, we’re not recognizing that as well?
Does this conclude the money we have that we are still expecting the other half or in addition to?
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City Manager Fuller stated this is identifying how the ARPA funds will be reported to the IRS and how they are expended due to a $10 million standard deduction. It is easier to report direct expenditures related to public safety because we have our own Po lice and Fire Department.
That will free up $30 million as the City Council determines. That won’t change. The direction from the City Council will be to implement a program on what has been suggested tonight.
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Mayor Pro Tem Scott emphasized Ci tywide not only Police and Fire Department.
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City Manager Fuller stated yes.
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Mayor Robertson stated hazard pay.
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DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 8, 2022 Page 24 TAB 12
Adopt Resolution No. 7847 Adopting the
American Rescue Plan Act Grant in
Accordance with the Final Rule by the
U.S. Department of Treasury; Adopt
Resolution 7848
Motion by Council Member Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to Adopt Resolution No.7847 Adopting the American Rescue Plan Act Grant Programmatic Spending Plan in Accordance with the Final Rule Published by the U.S. Department of Treasury; and Adopt Resolution No.7848 Amending the Fiscal Year 2021-2022 Budget.
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Mayor Robertson asked if anyone wished to speak on the matter. 0o0
City Clerk McGee stated no.
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Mayor Robertson requested City Manager Fuller provide a summary of all City Subcommittee meetings.
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REPORTS The City Council and gave their reports.
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ADJOURNMENT Motion by Council Member Perez, second by Council Member Trujillo and carried by a 5 -0 vote, to adjourn the City Council Meeting at 9:45 p.m.
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_______________________________
MAYOR DEBORAH ROBERTSON
ATTEST:
_____________________________
CITY CLERK BARBARA A. McGEE
DocuSign Envelope ID: 0D9660CE-6D3E-40F6-9C7A-98B7A46BFF2F