Minutes — Rialto City Council, March 22, 2022

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
March 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 on Tuesday, March 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 5:00 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, and Council Member Karla Perez . Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.

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) Lawrence Bender v. City of Rialto; et al.

USDC Case No. 5:20-cv-012171 (BWS File No.
08047-1000.003)

2. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Five (5)
DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 2

CLOSED SESSION 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8
Property: Approximately 22 acres North of Baseline,
East of Linden, West of Ayala Drive, in the vicinity of Miro Way (APN 0264-212-12, 17, 30, 44, 45, 46 and 54)
Agency Negotiator: City Manager Marcus Fuller;
City Attorney Eric Vail.

Negotiating Parties: City of Rialto as Successor Agency; unspecified potential buyers
Under Negotiation: Price and Terms Sale

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 119 N. Riverside Ave., Rialto CA 92376
Agency Negotiator: City Manager Marcus Fuller;
City Attorney Eric Vail.

Negotiating Parties: City of Rialto as Successor Agency; Raquel Johnson, Cuca’s Mexican Restaurant.

Under Negotiation: Price and Terms Lease

5. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford
Employee Organizations:
• Executive Management Team
• Management Unrepresented Employee
• Rialto City Employee’s Association (RCEA)
• Rialto Mid-Management & Confidential Employee’s
Association (RMMA)
• Rialto Fire Management Association (RFMA)
• Rialto Police Benefit Association – Management
• Rialto Police Benefit Association – General
• Rialto Professional Firefighters of California –
Local 3688
• Unrepresented Employees
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OPEN SESSION Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 4-0 vote to go into Closed Session at 5:01 p.m. 0o0
Council Member Trujillo arrived at 5:05 p.m.
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The City Council returned from Closed Session at 6:45 p.m. 0o0
DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 3 CALL TO ORDER Mayor Robertson called the meeting to order at 6:47 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.

City Treasurer Edward Carrillo was absent.
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Pledge of Allegiance and
Invocation
Council Member Carrizales led the pledge of allegiance. 0o0
Pastor Jose Vindel Rialto United Methodist 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) Lawrence Bender v. City of Rialto; et al.

USDC Case No. 5:20-cv-012171 (BWS File No.
08047-1000.003)
Item completed. 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: Five (5)

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: Approximately 22 acres North of Baseline,
East of Linden, West of Ayala Drive, in the vicinity of Miro Way (APN 0264-212-12, 17, 30, 44, 45, 46 and 54)
Agency Negotiator: City Manager Marcus Fuller;
City Attorney Eric Vail.

Negotiating Parties: City of Rialto as Successor Agency; Unspecified potential
Under Negotiation: Price and Terms Sale
Item completed. There is no other reportable action.

Council Member Carrizales recused himself from Item.

Negotiating Parties: City of Rialto as Successor Agency; Raquel Johnson, Cuca’s Mexican Restaurant.

Under Negotiation: Price and Terms Lease
Item completed. There is no other reportable action.

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PRESENTATION AND

PROCLAMATIONS

1. Recognition - Nancy Burch in honor of Women’s History Month – Council Member Rafael Trujillo

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

Timothy Sullivan - Director of Maintenance and Facilities Regina McConnell - Human Resources/Risk Management
Specialist
Melvin Bonilla - IT Specialist

3. Proclamation - “Welcome Home Vietnam Veterans Day”

4. Colorectal Cancer Awareness Month - Mayor Robertson

5. Marcus’ Heart Foundation Presentation - Mayor Robertson

6. Budget Update - Katherine Stevens
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ORAL COMMUNICATIONS No one came forward to speak.

DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 5 City Council to Consider removing or
continuing any items on the agenda Council Member Trujillo requested E.2 to be pulled for discussion. 0o0
Council Member Carrizales requested Item E.1 to be pulled for discussion.
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Mayor Robertson requested F.4 to be pulled for discussion. 0o0
E.1 Abatement of Weeds Council Member Carrizales asked if the location area near the west side of Frisbie Park have been noticed for weed abatement.
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Acting Fire Chief Park stated staff will be out tomorrow to determine between vacant or nuisance lot.
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Council Member Carrizales emphasized and wanted to make certain those areas were addressed.
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City Manager Fuller stated he will follow up with Tim Sun in Code Compliance.
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Council Member Carrizales stated he wanted to make certain those areas were addressed because they are a fire hazard.
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Mayor Robertson asked about adding a third weed abatement timeframe. Twice a year is not enough. She is requesting a third timeframe be revisited. Ideally four times a year but would settle for three times a year.
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E.2
Rialto Police Department Military Equipment
Use Policy
Council Member Trujillo asked for more clarification as to what Rialto Police Department equipment classifies as military equipment. 0o0
Police Captain Adams stated under State Assembly Bill 481, many items are deemed military equipment. Many fall in the intermediary category of use of force such as bean bag shotgun.
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Council Member Trujillo believed that some equipment should be identified as de -escalation. He asked for a subcategory listing on de-escalation items and their importance.

Mayor Robertson asked for an explanation as to why the space is available, who was previously using the space and why the space is no longer being utilized. What other facility is available there for the citizens to hold a meeting.
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Acting Fire Chief Park stated the space has been primarily used as storage. The Rialto Police Department previously utilized it as an annex 15 years ago. Since then, there has not been requests for public meetings. It is also used as toy drive preparati on location. Once Fire Station 202 opened up and improvements were made to other Fire Stations, they have become primary facilities with more contemporary upgrades and better Wi -Fi, the use and requests are continuously for those Fire Stations.
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Mayor Robertson asked if this location as an annex area versus a regular community center, will there still be a community center space available.
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Acting Fire Chief Park stated it has not been used as a Community Center in the last 10 years specifi cally since Fire Station 202 which houses more contemporary features. More modernized upgrades are part of the improvements that will take place in that Fire Station have not been done which will allow to meet more of the Fire Department’s needs.
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Mayor Robertson asked if the Fire Department would take care of their own maintenance of the facility.
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DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 7 F.4
Approve 5- Year Lease Agreement between
City of Rialto and CONFIRE for
Communications Room and Office Space
Acting Fire Chief Park stated yes, ma’am.
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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. 34 (03/10/2022)
B.2 Warrant Resolution No. 35 (03/17/2022)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – March 8, 2022

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D. CLAIMS AGAINST THE CITY
D.1 Jean Hubbard - Property Damage
D.2 Juan J Hernandez - Property Damage
D.3 Katelyn and Ruth Brown – Damages
D.4 Orlin George – Damages
D.5 Gerald Robert Thomas - Damages
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E. SET A PUBLIC HEARING
E.1 Request City Council to Adopt Resolution No. 7849 and Set a Public Hearing for April 12, 2022 , to Consider Ordering the Abatement of Weeds on Various Properties Within the City Limits, and to Hear any Objections to Imposing the Abatement Cost Therefore as a Lien Against Parcels of Property Set Forth in Exhibit A.

E.2 Request City Council to Set a Public Hearing for Urgency Ordinance for April 26, 2022 to consider adoption of The Rialto Police Department Military Equipment Use Policy, as required by California Assembly Bill No. 481.

E.3 Request City Council to Adopt Resolution No. 7850 Declaring The Intention to Annex Territory (Seasons at Acacia - East) to Community Facilities District No. 2016-1 (Public Services) and set a Public Hearing for April 26, 2022.

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F.2 Request City Council to: (1 ) Approve a Quitclaim Deed to Convey the City’s Rights, Title and Interest in an Abandoned Public Alley Identified on Parcel Map 19945; and (2) Authorize the City Manager to Execute and Record the Quitclaim Deed.

F.3 Request City Council Adopt Resolution No. 7852 Approving Tract Map 20237 for th e Subdivision of Land into Fifty -Two (52) Residential Lots and Sixteen (16) Lettered Lots for Private Streets, Common Open Space, Landscaping, and Stormwater Detention and Approving the Associated Subdivision Improvement
Agreement.

F.4 Request City Counci l to: (1) Approve a 5 -Year Lease Agreement between the City of Rialto and CONFIRE, a California Joint Powers Authority for the Communications Room and Office Space within Rialto Fire Station Four Located at 3288 N. Alder Avenue; and (2) Authorize the City Manager to Execute All Documents.
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Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 5-0 vote to approve the Consent Calendar. 0o0

NEW BUSINESS
TAB 1
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
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 E mergency 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 clear dividers for the Council Members at the dais during Council meetings and asked if that is the direction that the City is moved toward.
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Acting Fire Chief Park stated the divider samplers will be provided so the City Council can decide.
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Council Member Carrizales asked if they have been ordered. 0o0
Acting Fire Chief Park stated yes.
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DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 9 TAB 1
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Outbreak
Council Member Carrizales asked if these are dividers that will be placed on the dais.
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Acting Fire Chief Park stated yes.
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Mayor Pro Tem Scott asked who made this decision.
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City Manager Fuller stated no decision has been made. That is what needs to be discussed here today.
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Mayor Pro Tem Scott emphasized the City Council is the body that makes decisions.
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City Manager Fuller stated yes.
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Mayor Pro Tem Scott stated no decision has been made and ordering has been made.
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City Manager Fuller stated a sample was ordered . Council Member Trujillo requested a sample of a divider be purchased.
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Council Member Trujillo believed the clear dividers will serve as an added protection as COVID rates increase to avoid virtual meetings as witnessed at other City Council meetings.
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Mayor Pro Tem Scott asked why are we assuming there will be another surge.
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Council Member Trujillo stated the flu season in the winter and more infections.
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Council Member Perez stated masking and six feet a part has worked at the dais.
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Council Member Carrizales asked where would the dividers be placed on the dais.
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Acting Fire Chief Park stated the sample dividers order was placed so the City Council governing body would have options to choose from. 0o0
Mayor Pro Tem Scott stated he would like to see the science behind the efficacy of the dividers. I am not convinced.
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Council Member Perez asked about the new variant increased numbers in San Bernardino County or Inland Empire.
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Acting Fire Chief Park stated there isn’t a corresponding variant rise in our water sampling with what is being seen throughout the State. We are evaluating our data with our own sampling rather than depending on studies published in New York or other cou ntries. We are watching it very closely.
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Council Member Trujillo thanked Acting Fire Chief Park for the memorial site at the median to show support for families who have lost a loved one and asked about the status on the COVID memorial site at t he cemetery.
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Mayor Robertson stated that the Acting Fire Chief is not handling that.

City Clerk McGee and the COVID task force is taking care of the COVID Memorial site.
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City Clerk McGee stated information was brought to the City Council a couple of meetings ago. When City Treasurer Carrillo returns , she will meet then provide an update to the City Council.
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Mayor Robertson asked about the current Rialto testing sites. Sh e asked to have the County/CDC listing of rapid test availability updated. 0o0

If the City terminated the emergency declaration and there was a resurgence because of a new variant, the City could then, based on the new data, declare a new emergency if a new facility-masking needed to be imposed. Or the City can leave it in place until the State terminates their emergency, which will probably be in June.
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Mayor Robertson stated she does not see the need to terminate the local emergency. There may be a need to purchase plexiglass.

She asked if there was an urgency in terminating the local emergency. 0o0
Motion by Council Member Perez second by Council Member Trujillo and carried by a 5-0 vote to Continue 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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TAB 2
Adopt Resolution No. 7853
Authorizing the Issuance Special Tax
Bonds Series 2022; Authorize to Execute
the Fiscal Agent Agreement Continuing
Disclosure Agreement and Bond
Purchase Agreement; Approving the
Preliminary Official Statement and Final
Official Statement; Authorizing Other
Actions in Connections
Marcus Fuller, City Manager, presented staff report to Request City Council to Adopt Resolution No. 7853 as the Legislative Body of the City of Rialto Community Facilities District No. 2019-2 (Foothill/Spruce), approving the following actions: (1) Authorizing the Issuance of the City of Rialto Community Facilities District No. 2019 -2 (Foothill/Spruce) Special Tax Bonds, Series 2022; (2) Approving and Authorizing the City Manager to Execute the Fiscal Agent Agreement, Continuing Disclosure Agreement, and Bond Purchase Agreement; (3) Approving the Preliminary Official Statement and Final Official Statement; and (4) Authorizing Other Actions in Connection Therewith.
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Council Member Trujillo asked about the net proceeds.
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Interruption in meeting. Power outage.
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Mayor Robertson stated the generators work.
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He asked if the net proceeds are coming from the Mello-Roos. 0o0
City Manager Fuller stated yes. The bonds are sold and it provides the reimbursement to the developer.
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Council Member Trujillo asked about City services.
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City Manager Fuller stated for City services there’s no bond proceeds. 0o0
Council Member Trujillo asked if this is separate from this bond. This is infrastructure, the flat fee.
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City Manager Fuller stated correct.
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Council Member Trujillo stated he wanted to separate everything and wanted clarification. But this is not included in this item. 0o0
City Manager Fuller stated the tax for the Police and Fire Department is already approved. This is to issue the bo nds that pays for the public - infrastructure fees.
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Motion by Mayor Pro Tem Scott second by Council Member Carrizales and carried by a 5-0 vote to Adopt Resolution No. 7853 as the Legislative Body of the City of Rialto Community Facilities District No. 2019-2 (Foothill/Spruce), approving the following actions: Authoriz ed the Issuance of the City of Rialto Community Facilities District No 2019-2 (Foothill/Spruce) Special Tax Bonds, Series 2022; Approved and Authorized the City Manager to Execute the Fiscal Agent Agreement, Continuing Disclosure Agreement, and Bond Purchase Agreement; Approv ed the Preliminary Official Statement and Final Official Statement; and Authoriz ed Other Actions in Connection Therewith.
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TAB 3
Bike Sharing Plan and Implementation
Program; Bike Share Station Locations
Cynthia Alvarado -Crawford, Community Services Director and Libby Nachman, Alta Planning And Design and Sean Burak, Drop Mobility Request City Council to: (1) Receive an Update and Presentation on the City of Rialto Bike Sharing Plan and Implementation Program, City Project No. 170810; and (2) Approve the Bike Share Station Locations 0o0
DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 13 TAB 3
Bike Sharing Plan and Implementation
Program; Bike Share Station Locations
Mayor Pro Tem Scott asked if permission was granted to place a bike station outside the business locations.
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Mr. Burak stated those locations were identified as public right-of-way areas with enough width to still keep a six feet pedestria n clearance.

Eighteen locations were approved by the City Council.
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Mayor Pro Tem Scott asked how much room does it take on public right-of-way for the rack and the bikes.
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Mr. Burak stated the rack is approximately eight feet wide. The bikes are six feet long. Many sidewalks have a 12 foot clear way. Locations were identified with extra wide space.
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Mayor Pro Tem Scott stated he is concerned with businesses not being communicated that will have a bike station site in front of their business. 0o0
Mr. Burak stated he does not believe the bike racks are directly in front of businesses. We can work with City staff if there are concerns. 0o0
Mayor Pro Tem Scott asked where will the bike rack be located at 5 Points.
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Community Services Director Alvarado -Crawford stated she took the project on a few months ago. She stated they would connect with businesses that could be potentially affected.
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Mayor Pro Tem Scott asked if those businesses have been contacted. 0o0
Community Services Director Alvarado -Crawford stated the feasibility study was conducted in 2019.
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City Manager Fuller stated that no business’ storefront will be blocked with a Bike Share location without communicating it to them. 0o0
Mayor Pro Tem Scott emphasized he is in favor of the program but the bikes will have an impact on businesses.
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DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 14 TAB 3
Bike Sharing Plan and Implementation
Program; Bike Share Station Locations
City Manager Fuller stated that issue will be coordinated with Drop Mobility.
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Council Member Perez asked about the anti-theft security system. 0o0
Mr. Burak stated the bikes have a security bit that keeps the seat from being pulled all the way up.
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Council Member Trujillo asked if the mechanism on the bike alerts the rider that the bike cannot be locked in while outside the City limits. 0o0
Mr. Burak stated that when the rider locks up the bike, there’s a process in the app that needs to be followed signaling the ride is completed versus taking a short stop. If that is done outside of the geofenced area, the app warns of a set charge or asks the rider to return to the service area.
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Council Member Trujillo asked if there is a flat fee.
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Mr. Burak stated those prices can be refined. The riders don’t get charged. They get warned that there will be a charge. In 99 percent of the cases, riders bring them back inside and lock them up. 0o0
Council Member Trujillo asked if there have been any appeals for someone disputing charges.
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Mr. Burak stated yes. In-house customer service handles those cases. 0o0
Council Member Trujillo asked if there have been any liability cases with people injuring themselves.
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Mr. Burak stated Bike Share accidents are smaller in percentage than people encountering their private bikes. There’s a robust insurance process to get to this point as well.
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Council Member Carrizales asked about helmet requirements. 0o0
DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 15 TAB 3
Bike Sharing Plan and Implementation
Program; Bike Share Station Locations
Ms. Nachman stated California law does not require adult to wear helmets. An aspect of this program encourages people to wear a helmet.
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Council Member Carrizales asked if there is a clear return disclosure on the app when logging in.
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Mr. Burak stated yes. There’s a slide presentation that people agree to. 0o0
Council Member Carrizales recommended a City bridge logo or branding on the bike.
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Mr. Burak stated the branding presented tonight focuses on the side of the bike and the app. He then explained the vision for the bike basket and the opportunities for creative design.
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Public Comment Mayor Robertson read a public comment by Salvador Torres and read as follows:
“He proposes a new City project to upgrade our existing Class II painted Bikeways to Class IV Bikeways. Class IV Bikeways are separated from motor traffic with physical separation objects , light grade separation, flexible poles and inflexible bar riers for safety among young and old riders traveling to work, school or doing errands. This project aims long term for those using the new E -Bikes Share Program and owners of personal bikes. As stated before, if our City’s mission is to be family first, community, improve our physical environment and be an active community, this project should be placed in high priority and funding when possible and should be considered. I am confident everyone in the Council will consider this idea to be a great extent for the future of our community and the legacy of the City.

Mayor Robertson inquired what is the maximum speed of the E-bikes. 0o0
Ms. Nachman stated on Class I Electric Bikes the top speed is 15 miles per hour.
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Mayor Robertson suggested the app have information on bike laws and safety.

She recommended also revisiting the logo on the bike and think about what the word “Rialto” means.
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DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 16 TAB 3
Bike Sharing Plan and Implementation
Program; Bike Share Station Locations
Council Member Trujillo asked if the bikes have reflectors in addition to the light.
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Mr. Burak stated the bike and wheels have multiple lights and reflectors either on the front or rear including LED and flashing light. 0o0
Motion by Council Member Carrizales second by Council Member Trujillo and carried by a 5-0 vote to Receive Update on City of Rialto Bike Sharing Plan and Implementation Program City Project No. 170810; and Approved Bike Share Station Locations.
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TAB 4
City of Rialto Holiday Festival and Parade
Event
Cynthia Alvarado -Crawford, Community Services Director presented staff report to Request the City Council to: (1 ) Receive a Presentation on the City of Rialto Holiday Festival and Parade Event, (2) Confirm the 2022 Holiday Festival and Parade Event for the First Saturday of December, (3) Confirm the Same Parade Route Used for the 2021 Holiday Festival and Parade Event, (4) Confirm the City Hall Site for the 2022 Holiday Festival and Parade Event, (5) Confir m the Selection Process for Parade Grand Marshall, (6) Confirm the Type of Winter Event (Skating Rink or 4 -Lane Toboggan Run / Snow Slide), (7) Authorize the City Manager to Remove the City Hall Pine Tree and Purchase an Artificial Christmas Tree at an Estimated Cost of $100,000, and (8) Authorize the City Manager to Purchase Light Towers at an Estimated Cost of $120,000.
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Mayor Robertson believed the Rialto Christmas Egg Tree needs to be shaped. It is not environmentally in the best interest. She would not advocate to cut down a tree and replace it with an artificial tree just for a once-a-year photo opportunity. Get an arborist and shape it.

She asked about the status of the ill tree downtown. Has the tree recovered or have we dealt with it and why haven’t we removed it? 0o0
Community Services Director Alvarado -Crawford stated the assessment conducted on the tree reported the tree is healing but it will no longer be able to withstand the weight of the holiday decorations. 0o0
Mayor Robertson stated there wasn’t that much weight on the tree. 0o0
Community Services Director Alvarado-Crawford stated the streaming of the lights causes weight where it begins to lose some of its health. 0o0
DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 17 TAB 4
City of Rialto Holiday Festival and Parade
Event
Mayor Robertson stated she would like the opinion of a landscape specialist say lights on the tree once a year is causing it to become stressed.
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Mayor Pro Tem Scott agreed with Mayor Robertson with not cutting down the tree. He does not see a reason for it. He supports purchasing an artificial tree. It is a great picture opportunity for families. I support all trees. Perhaps the heat generating from the lights is not conducive for the tree.
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Council Member Perez agreed with the purchase of the artificial tree and supports all the other recommendations. The parade route was great.
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Council Member Carrizales also agreed with the recommendations and believed the City Hall Pi ne Tree should be shaped. The parade route chosen was a good one. He is in suppor t of an artificial tree. He recommends the south lawn.

He thanked Community Services Director Alvarado -Crawford for her hard work and dedication.
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Council Member Trujillo suggested highlighting sports hall of fame athletes, the hometown heroes and their achievements.

He suggested having a tamale festival concept in conjunction with the posada festivities with radio sponsorship. He also made exteri or light decoration suggestions such as a light tunnel.
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Community Services Director Alvarado -Crawford stated with the assistance of the Director of Maintenance & Facilities Tim Sullivan he will bring that to life.
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Mayor Robertson asked the security budget with GSSI. Was it the regular security or was it contracted out?
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Community Services Director Alvarado-Crawford stated that GSSI was the regular security. On occasion their services were needed for events and community center locations.
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She recommended expenditure adjustments. Whatever we do that we would do it free, I would speak against that. I think we have been charging people for any debt, and I think it’s not unreasonable to expect people to know that there is going to be a cost for participating or being involved in it or a timeframe because you then have to regulate. I would rather us not set something free then later try to come back with it. It’s not that difficult. What happens, we end up finding we have more coming from just our community and using the resources. If we’re going to charge, whether it’s a skating rink, toboggan, snow hill and can offset by not charging for parking. Then there are sponsorships available. 0o0
Community Services Director Alvarado-Crawford stated bringing this to the City Council allows ample time to work on sponsorships and local business involvement.
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Mayor Robertson stated if the budget will be approximately $100,000, we need work on how to recover or make the project neutral. If we start off free, we are going to be with a lot of expense and no recovery.

Perhaps the skating rink and the food booth f ees need to be re-evaluated.
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Council Member Perez suggested connecting with vendors who participated on Opening Day at Frisbie Park for the Holiday Event. 0o0
City Manager Fuller asked about volunteers for ad hoc committee for Grand Marshall. It’s the City Council’s decision.
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Mayor Robertson stated she thought there was a process. 0o0
Community Services Director Alvarado-Crawford stated yes. But at the end, it’s to have the City Council select a Grand Marshall Ad Hoc Committee to represent your body in the final selection of the grand Marshall for the parade.
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Mayor Robertson stated the selection does not have to be done now, but if somebody wants to be on the ad hoc committee can. 0o0
Council Member Trujillo nominated Council Member Carrizales on the Grand Marshall Ad Hoc Committee.
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City of Rialto Holiday Festival and Parade
Event
Mayor Robertson asked if Council Member Trujillo was nominating. 0o0
Council Member Carrizales nominated Council Member Trujillo and nominated himself to the Grand Marshall Ad Hoc Committee. 0o0
Mayor Robertson stated we should look at our selection and appointment process and come back with someone indicating if they are interested in sitting on the ad hoc committee and bringing it before the City Council. I don’t believe it is a pressing matter right now. 0o0
Council Member Carrizales stated he supports charging a fee. When there is no fee, the public does not appreciate it, and it will give it order. 0o0
City Attorney Vail clarified that the majority of the City Council was not in favor of removing the pine tree. The motion would be to keep it in place.
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Mayor Robertson stated correct.
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Community Services Director Alvarado -Crawford clari fied and charge the $5.00 expense for the winter element.
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Mayor Robertson stated yes. For starters.
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Motion by Council Member Perez second by Council Member Carrizales and carried by a 5 -0 vote to Receive a Presentation on the City of Rialto Holiday Festival and Parade Event, Confirmed the 2022 Holiday Festival and Parade Event with Posada and Tamale Festival for the First Saturday of December; Confirmed the Same Parade Route Used for the 2021 Holiday Festival and Parade Event; Confirmed the City Hall Site for the 2022 Holiday Festival and Parade Event; Confirmed a Grand Marshall Ad Hoc Committee Selection Process; Confirmed the Type of Winter Event 4-Lane Toboggan Run/Snow Slide with $5.00 charge; City Hall Pine Tree will not be removed. Purchase an Artificial Christmas Tree at an Estimated Cost of $100,000 ; and Authorized the City Manager to Purchase Light Towers at an Estimated Cost of $120,000. 0o0

Tim Sullivan, Director of Maintenance & Facilities, presented staff report to Request City Council to: (1) Receive a Presentation on the City’s Landscape Maintenance Contract; and (2) Consider Exercising the Final Year of the Landscape Maintenance Contract or Authorizing Staff to Issue a Request for Bids.
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Council Member Trujillo asked if this program help resolve resident concerns.
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Director of Maintenance & Facilities Sullivan stated it is pr oactive and reactive. There are daily inspections within the zones in order to address resident concerns.
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Council Member Trujillo asked if the Mobile Home Parks exterior maintenance is included in the project.
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Director of Maintenance & Facilities Sullivan stated no they are not. 0o0
Council Member Trujillo asked about the approval of the increased cost 0o0
Director of Maintenance & Facilities Sullivan stated special assessments are brought before the City Council for considerat ion on an annual basis. LMD 2 fall under a different legal mechanism. 0o0
Mayor Pro Tem Scott asked who asked for the contract increase. 0o0
Director of Maintenance & Facilities Sullivan stated that would be Inland Empire Landscaping. That is our guess contract increase based on prevailing wage, CPI and with a bid program there are enhanced levels of service.
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Mayor Pro Tem Scott asked if Inland Empire Landscaping was present. 0o0
Director of Maintenance & Facilities Sullivan stated no they are not. 0o0
Mayor Pro Tem Scott stated he would not vote on this Item. He will vote against it. We have a requirement that contractors who have increases in their contract be present during the City Council meeting. 0o0
DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 22, 2022 Page 21 TAB 5
City’s Landscape Maintenance Contract
Director of Maintenance & Facilities Sullivan clarified that the Item tonight is to continue the agreement as it stands.
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Mayor Pro Tem Scott emphasized it is a continuance of their contract with an increase. If they can’t show up for a City Council meeting, my vote is no.
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Mayor Robertson stated that the justification or logic for the continuance of a one year is t o give them an opportunity to take care of things that have been missed on. I didn’t see or understand that the remaining year would have a large year increase beyond whatever the COLA would be for that year. It’s one thing to talk about enhanced work. It is another thing to bring up the level of the performance of the existing work. Why the logic extending the one -year because we would be dealing with prevailing wages. But this is a contract. Unless each year we are going to go back and adjust and renegotiate for that final year. 0o0
City Manager Fuller stated the recommendations if it goes out for bid with a new contract . The enhancements would be built into the new scope of work. We continue with the current contract which has a built- in CPI formula.
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Mayor Robertson asked it would not be enhanced levels of work with the remaining year.
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City Manager Fuller stated that would be one direction. The focus was holding this contractor accountable to replace all the plants. When the contract with the new contractor, there is no question who is responsible for all those plants.
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Mayor Pro Tem Scott stated we are not paying extra to do it. 0o0
Mayor Robertson referenced the presentation and emphasized the estimated cost to enhance service levels.
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City Manager Fuller stated we were trying to demonstrate what we would think the price would be for a new contract if the enhanced services were incorporated to bring the maintenance to a higher level. 0o0

Mayor Pro Tem Scott stated first the evaluation of the current contractor and their failure to properly perform what they have been contracted to do to begin with.
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City Manager Fuller stated that what this is effort has been for the last nine months.
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Mayor Robertson stated some services were not required from the existing contractor.
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City Manager Fuller stated the specifications previously did not require turf removal which is being revised.
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Director of Maintenance & Facilities Sullivan stated another contributing factor is the increased maintenance.
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Mayor Robertson asked if these services included enhanced services that were not currently required at this existing contract. 0o0
Director of Maintenance & Facilities Sullivan stated these services would be included in a new bid contract should the City Council direct to go out to bid for a new contract. That is the $900,000 estimate. 0o0
Mayor Robertson stated savings on water and energy have not been seen. Has there been a reduction in the use of water. 0o0
Director of Maintenance & Facilities Sullivan stated yes there has been.

He explained the significant savings between LMD 1 and LMD 2 0o0
Council Member Carrizales asked which slide explains that. 0o0
Mayor Robertson asked if the information was in the presentation. 0o0
Director of Maintenance & Facilities Sullivan stated it is not. 0o0
Mayor Pro Tem Scott stated you are the first person that has been able to explain that.
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City’s Landscape Maintenance Contract

Mayor Robertson stated these services would have been things expected on the contract not considered enhanced. These are the services that I would hope we add when we go out to bid. I am not certain they would be considered as additional cost.

Contract working hours return from Monday through Friday 7:00 - 6:00 p.m. What are the contract hours now?
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Director of Maintenance & Facilities Sullivan stated in certain areas they have been reduced because they have been adjacent to local business in order to prevent disruption.
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Mayor Robertson asked if there was landscape districts in commercial areas.
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City Manager Fuller stated the Renaissance Marketplace is in the district. I am not certain if the older commercial centers were annexed into LMD 2.
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Mayor Pro Tem Scott asked if the right -of-ways and medians at the Renaissance Marketplace were included.
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Director of Maintenance & Facilities Sullivan stated correct. 0o0
City Manager Fuller stated the choice is to continue with the current contract, exercise the final year. This contractor is responsible for the failures of the dead plant material.
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Mayor Pro Tem Scott stated they don’t seem to be concerned about it since they are not present tonight.
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City Manager Fuller stated alternatively a new bid will be issued to obtain pricing to budget accordingly.
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Mayor Robertson asked what the hours are expected to work with the adjustment with an enhanced service.
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Council Member Carrizales stated we would be getting more hours of service. It indicates they are changing their time.
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City’s Landscape Maintenance Contract

City Manager Fuller stated we would only be paying to the extent we are adding more service.

What are the hours on the contract?
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City staff stated 7:00 a.m. to 6:00 p.m.
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Mayor Robertson stated those are the current hours. Why is it listed as an enhanced item?
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Mayor Pro Tem Scott asked who does the maintenance at Frisbie Park. 0o0
Director of Maintenance & Facilities Sullivan stated Willowbrook Landscaping.
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City Manager Fuller stated there is a second contractor that has City parks and facilities.
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Mayor Pro Tem Scott asked why aren’t they on the agenda. 0o0
City Manager Fuller stated he will take Mayor Pro Tem Scott’s direction. 0o0
Mayor Pro Tem Scott asked City Manager Fuller if he has been to Frisbie Park.
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City Manager Fuller stated they are still working with the contractor on the City’s claim.
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Mayor Pro Tem Scott emphasized a visit to Frisbie Park is needed.

We are waiting on City Attorney Vail’s office to resolve the matter. 0o0
City Manager Fuller stated there has been a couple of meetings to resolve some of the proposed remedies to fix what went wrong at the dog park with the soil. There’s a follow-up meeting coming up. 0o0
Mayor Pro Tem Scott requested the Item be added to the next Closed Session agenda so the City Council can consider litigation. 0o0
City Attorney Vail stated absolutely.

Mayor Pro Tem Scott made a motion for the Item to be held over for two weeks. The City Council is not ready to vote on it.
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City Manager Fuller stated he will make certain both contractors are present.
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Mayor Pro Tem Scott stated he would like all the questions that were brought up be answered.
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Mayor Robertson requested to see the existing contract. I cannot understand why some are considered enhanced levels of service. 0o0
Mayor Pro Tem Scott asked about weed control in the City. 0o0
City Manager Fuller stated he has tasked Director of Maintenance & Facilities Sullivan to address weed and litter abatement in the streets. 0o0
Mayor Pro Tem Scott asked if there is a crew or is it contracted. 0o0
Director of Maintenance & Facilities Sullivan stated there is staff that will perform with weed abatement team.
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Mayor Pro Tem Scott asked sometimes they are doing one thing and sometimes another.
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Director of Maintenance & Facilities Sullivan stated based on staffing levels, since weed abatement is seasonal, he will check on weed abatement program with staff.
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Mayor Robertson suggested a debris abatement program. There are streets in the City that are still unattended.
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Director of Maintenance & Facilities Sullivan stated he will add that to the schedule to address it.

He stated Acting Public Works Superintendent Mike Orona created a task force to address these alley ways to address different litter and weed abatements within the alleys. We will definitely get them on that. 0o0
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City’s Landscape Maintenance Contract

Mayor Pro Tem Scott stated it is also residential streets in addition to alleys. I spent two hours today spraying weeds on sidewalks, curbs and gutters in my neighborhood. A resident should not have to do that. 0o0
Motion by Mayor Pro Tem Scott second by Council Member Carrizales and carried by a 5 -0 vote to table the Item to the next City Council meeting on April 12, 2022.
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TAB 6
Direction on Federal Funding Requests
and Authorization of Local Funds for
Projects for Federal 2023 FY Budget
Marcus Fuller, City Manager, presented staff report to Request City Council to Provide Direction to Staff Regarding the Various Federal Funding Requests and Authorization of Required Local Funds for Projects Included in the Federal 2023 Fiscal Year Budget. 0o0
Mayor Robertson asked about the list of areas in water infras tructure.

There are funds we need to submit grants especially relating to the divesture projects and microgrids. This is more what the member could put in and possibly get an appropriation for. There is dedicated funds for divesture and microgrids.
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Council Member Trujillo asked about the septic -to-sewer project funding program.
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City Manager Fuller stated there is a septic -to-sewer project submitted to SAWPA, Santa Ana Watershed Project Authority, so there are funding programs available for that. There is also a funding bill for wastewater project with a limitation noted in the staff report. Under EPA, they will be considering projects already listed in California’s intended use plans. Projects have been pre-prioritized through that program. 0o0
Council Member Trujillo asked if Riverside Avenue has been fully funded for reconstruction.
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City Manager Fuller stated the Northside is under construction.

The South segment is going out to bid. Central segment is in design.

The concern is with the central segment. It has an older, shallow water line that may need replacement. So the question will be in financing that cost.
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Mayor Robertson asked from what point at what location. 0o0

City Manager Fuller stated that would explain it.
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Mayor Robertson asked if the water line was on the East or the West alley.
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Mayor Pro Tem Scott stated both on Riverside Avenue from 1 st Street to the railroad tracks.
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Mayor Robertson clarified Riverside Avenue down from Foothill Boulevard to the first set of railroad tracks.
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Mayor Pro Tem Scott stated there are alleys there.
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Council Member Trujillo asked about Riverside Avenue close to the 15 Fwy.
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City Manager Fuller stated there is an agreement to take the lead ahead of Lytle Creek Development to do the interim widening because of the bottleneck.
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City Manager Fuller stated correct.
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Council Member Trujillo asked if any of that would be eligible to be included in the project.
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City Manager Fuller stated they are looking for projects that can be delivered quickly perhaps near the design process and not be Federalized and be subject to Caltrans oversight.

I would like to go after the Pacific Electric Trail, but the timing is unclear.

I would not want to get appropriations and then not deliver because of SBCTA approval for the railroad corridor.
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Council Member Carrizales asked if the company that currently uses it, has sold the building.
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Mayor Pro Tem Scott stated they sold the property.
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Council Member Carrizales asked if they are no longer there. 0o0
Mayor Pro Tem Scott stated they haven’t moved yet.
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Direction on Federal Funding Requests
and Authorization of Local Funds for
Projects for Federal 2023 FY Budget
City Manager Fuller stated they are supposed to be giving notice to SBCTA about terminating their spur. The timing is unclear and what the process would be to be vacant.
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Mayor Pro Tem Scott stated the bigger timing factor is SBCTA relinquishing the rail.
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Mayor Robertson stated the use of the rail has been abandoned.

SBCTA will still have ownership of the right -of-way. They would have to give permission.
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Council Member Carrizales asked if the company could be contacted to determine a timeframe.
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Mayor Pro Tem Scott stated it is close to escrow.
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Mayor Robertson stated the document went forward to SBCTA for the elimination for the use of the spur.
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Mayor Pro Tem Scott asked couldn’t we ask for Cactus Avenue through Willow Avenue or Riverside Avenue.
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City Manager Fuller stated $200 million is the maximum. 0o0
Mayor Robertson stated Cactus to Lilac Avenue.
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City Manager Fuller stated because of the local match requirement, these projects were being considered.

If it is agreed, he can submit all three that are listed under the transportation funding be cause they can be submitted to both the Senators and both Representatives.
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Mayor Pro Tem Scott asked if the County is providing the total funding for the North/South trail on Cactus Avenue.
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The other Item is whether we should submit the Lake Rialto Project under the HUD Program and also the Pacific Electric Trail and the Police Department for their Justice Assistance Grant. That one requires a local match. I would need concurrence if successful that we make the fund appropriation at the time we are notified of the funding being included in a bill.
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Council Member Trujillo asked if that grant is for SWAG. 0o0

City Manager Fuller stated it is for crime prevention outreach programs, substance abuse and intervention programs, crisis intervention teams, and community-oriented policing programs.
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Council Member Trujillo asked such as a community service officer. 0o0
City Manager Fuller asked if there was a consensus.
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Mayor Robertson stated yes.

She asked about the need for a pump station project under EPA. 0o0
City Manager Fuller stated the City applied for funding for Well 3A.

It needed a treatment system for arsenic.
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Mayor Pro Tem Scott asked if the sewer pump on Sycamore was all funded.
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City Manager Fuller stated yes.
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BILL: Transportation – HUD Appropriations Act (3 projects) • $2.5 million Street Rehabilitation
• Randall Widening (At Cactus)
• Pacific Trail Extension (Cactus Avenue /Lilac Avenue) Account: Economic Development Initiative Under HUD
• Pacific Trail Extension
• Lake Rialto
Account: OJP/Byrne Justice Assistance Grant under DOJ
• Funding request for Rialto Police Department
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TAB 7
CARE Court Framework Mayor Letter of
Support on Behalf of the Inland Empire
Coalition of Mayors
Marcus Fuller, City Manager, presented staff report to Request City Council to Consider Supporting the CARE Court Framework and Authorizing the Mayor to Execute Letter of Support on Behalf of the Inland Empire Coalition of Mayors.
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Mayor Pro Tem Scott asked if there was a requirement on the part of the City.
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City Manager Fuller stated that if the local governments do not meet their specified responsibilities of the court-ordered care plans, the court will have the ability to order sanctions and appoint an agent to ensure services are provided.

I don’t know i f our part of that framework as first responders we see someone that fits the person that should be referred to the CARE Court, but I don’t know what more responsibilities would be imposed. 0o0
Mayor Pro Tem Scott stated we don’t know what the definition of local is City or County.
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City Manager Fuller stated correct.
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Mayor Robertson stated the formation of the Inland Empire Coalition of Mayors is recent. We started with a Southern California coalition and decided to bring it closer.

At the first meeting, I asked City Manager Fuller to attend. Other cities began to move forward and adopt it.

She asked if there was any indication of other Mayors going to sign.

I am in support of the Mayor signing. Anything we can do to address this issue.
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Council Member Trujillo stated he is also in support and pointed out there are other similar models such as DRA Courts through mental health services.
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Mayor Robertson stated the Governor is looking at a $14 billion multi-year investment to provide 55,000 new housing units. He is proposing it and presenting it to see if the legislative body will accept it.

There’s a number of different models at various Counties are using or making directions to.
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Council Member Trujillo stated he wants to make certain all the other cross-cutting issues that are a part of it such as homelessness. 0o0
Motion by Council Member Carrizales second by Mayor Pro Tem Scott and carried by a 5-0 vote to Support the CARE Court Framework and Authorized the Mayor to Execute Letter of Support on Behalf of the Inland Empire Coalition of Mayors.
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REPORTS The City Council and gave their reports.
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Community Services Community Services Director addressed City Council and gave an event update report.
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Deputy City Manager Deputy City Manager Brown gave Phone Status Update report. 0o0
CLOSED SESSION Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5-0 vote to return to Closed Session at 9:51 p.m. 0o0
City Council returned from Closed Session at 10:42 p.m. with all members present.

2. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Five (5)
City Attorney Vail stated the City Council went back into Closed Session on two remaining Items. Items were completed.

That completes Closed Session.
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ADJOURNMENT Motion by Mayor Pro Tem Scott , second by Council Membe r Trujillo and carried by a 5 -0 vote, to adjourn the City Council Meeting at 10:43 p.m.

The City Council adjourned in memory of:

Gerald White
Longtime Rialto Resident

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_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 247E4D57-110C-4268-B317-A7D6EA25822B

Rialto City CouncilMarch 22, 2022

Rialto City Council
March 22, 2022