Minutes — Rialto City Council, May 10, 2022

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday May 10, 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, May 10, 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 Rafael 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) Monica Ortiz, et al., v. City of Rialto; et al.

USDC Case No. 5:16-cv-01384

2. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of Matters: Three (3) matters

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Title: City Manager
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Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5-0 vote to go into Closed Session at 5:02 p.m. 0o0
The City Council returned from Closed Session at 6:45 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:50 p.m. 0o0
OPEN SESSION 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 Treasurer Edward Carrillo and City Clerk Barbara McGee. 0o0
Pledge of Allegiance and
Invocation
Mayor Robertson led the pledge of allegiance.
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Pastor Javier Reyes – Calvary Chapel Rialto gave the Invocation.

1 CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
Pursuant to Government Code section 54956.9 (d) (1)
One (1) matter:

Monica Ortiz, et al., v. City of Rialto; et al.

USDC Case No. 5:16-cv-01384

The City Council received the report and gave direction. There was no 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: Three (3)

The City Council heard a briefing and was discussed. There was no reportable action.

3. 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

The City Council gave direction. There was no reportable action.

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Title: City Manager
Item was completed. There was no reportable action.

PRESENTATION AND

PROCLAMATIONS

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

Jennifer Cantlay – Administrative Analyst
Katherine Stevens - Director of Finance

2. Certificate of Recognition - Rialto High School Student Jacqueline Martinez – Council Member Andy Carrizales

3. In Memoriam – Dr. Lugenia Horton –
Council Member Rafael Trujillo

4. Proclamation – Fatherhood Awareness Month – June 2022

5. Presentation – San Bernardino Valley Municipal Water District’s Revenues – June Hayes, Vice-President of the Board of Directors

6. Phyllis Clark – Healthy Heritage Movement
May is Mental Health Awareness Month
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ORAL COMMUNICATIONS

Nancy Burch, Ramrod Mobile Home Homeowners Association
President addressed the City Council regarding the mobile home matters currently taking place with the mobile home park’s Executive Board such as retaliation, bullying, harassment, discrimination, eviction threats and the board’s misappropriation of funds. She is inviting the City Council to the upcoming town hall meeting to hear residents speak and hopefully obtain assistance in getting a governing board similar to when Ramrod was initiated rather than the non-profit corporation that changed the bylaws. She is advocating for the most vulnerable of residents who are being threatened of eviction.
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Jacqueline Valadez addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death that took place seven months ago and asked the City Council why the two police officers involved are still patrolling the streets. She compared her brother’s case to the Sergeant Gary W. Wolfley case. She believed her brother’s shooting is unjustified and asked why the officer is still on the Police Department.
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Ramon Fierros addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death and asked the meaning behind a partially repainted billboard of Christopher Valadez.

He asked who is responsible for repainting the billboards. 0o0
Mayor Robertson stated Mr. Fierros is welcomed to speak, but this is not the platform to receive an explanation.

She recommended Mr. Fierros complete a Public Records request in writing to get a response to his question.
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DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 5

ORAL COMMUNICATIONS

City Attorney Vail reminded the public that during Oral Communications, the City Council cannot respond to questions. It is not a question-and- answer session. They can state their comment. It will reflect on the record and video.
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Debbie Fierros addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death. She demands the officers involved behind bars.
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Mariela Valadez addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death and believed the Rialto Police Department is responsible.
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Joel Torres addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death. He asked for the City Council’s assistance in helping the family.
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Mr. Medina addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death. He is requesting the City of Rialto to set an example by convicting the officers involved. 0o0
Victor Palacios addressed the City Council in regard to the Estate of Christopher Ivan Valadez – wrongful death. He expressed his concerns with why the officer involved remains on the Police Department patrolling the streets without proper psychological assessment. 0o0
Fernando Montes Sosa addressed the City Council in regard the officer- involved shooting of his nephew Oscar Santiago Montes. He gave the Valadez family his condolences. He spoke on behalf of his sister Luz Maria Montes Sosa who also lost a son in an officer -involved shooting with Rialto Police Department.

He shared his COVID experience with the loss of his wife in September 2021. Days after his wife’s cremation, on January 9, 2022, his nephew was involved in an officer -involved shooting with the Rialto P olice Department.
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There was an outburst from the audience.
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Mayor Robertson called the meeting back to order.

ORAL COMMUNICATIONS

Cecilia Santiago Montes addressed the City Council in regard to the officer-involved shooting of Oscar Santiago Montes and is asking for answers of the Rialto Police Department related to her brother’s death.

Her brother was undergoing a mental health crisis and the police should have been helped.
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City Council to Consider removing or
continuing any items on the agenda Mayor Robertson abstained from Warrant Resolution No. 41 (04/28/2022) Voucher No. 223282 and No. 223283 made out to the National Council of Negro Women for $3,596.52 and $2,689.22. 0o0
CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 41 (04/28/2022)
B.2 Warrant Resolution No. 42 (05/05/2022)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – April 26, 2022

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D. CLAIMS AGAINST THE CITY
D.1 Miguel Valencia - Personal Injury

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E. MISCELLANEIOUS
E.1 Request City Council to (1 ) Adopt Resolution No.7872 Amending the 2021-2022 Fiscal Year Budget; (2) Accept the Fiscal Year 2019 Homeland Security Grant Program (HGSP) in the Amount of $23,885; and (3) Authorize the City Manager to Execute all Documents.

E.2 Request City Council to Receive and File for Future Audit the Treasurer’s Monthly Reports for the month end of March 2022.

E.3 Request City Council to (1 ) Adopt Resolution No.7873 Amending the 2021-2022 Fiscal Year Budget; (2) Accept 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $28,401 ; (3) Approve the Inter-local and Subrecipient Agreements with the County of San Bernardino; and (4) Authorize the City Manager to Execute all Documents.

E.5 Request City Council to: (1 ) Approve Limited Conflict Waiver with Cox, Castle & Nicholson LLP related to special water
contamination counsel services; and (2) Authorize the City Manager to execute the document.

E.6 Request City Council to: (1) Authorize the City Manager to Enter into a Reimbursement Agreement in the amount of $200,000 for Preliminary Engineering Services with the Union Pacific Railroad Company for the I /10 Riverside Avenue Interchange Phase 2 Project, City Pro ject No. 140813; and (2) Authorize the City Manager to Execute All Documents.

E.7 Request City Council Adopt Resolution No.7874 Approving Tract Map 20199 for the Subdivision of Land into Fifty -Six (56) Residential Lots and Ten (10) Lettered Lots for Private Streets, Common Open Space, Landscaping, and Stormwater Detention and Approve the Associated Subdivision Improvement Agreement.

E.8 Request City Council to: (1 ) Approve a Grant Contract in the amount of $177,952 with the California Department of Parks and Recreation for Funding Under 2018 Parks Bond Act Per Capita Grant Program; (2) Approve a Grant Contract in the amount of $65,422 with the California Department of Parks and Recreation for Funding Under 2018 Parks Bond Act Per Capita Grant Program; and (3) Authorize the City Manager to Execute All Documents.

E.9 Request City Council Adopt Resolution No.7875, Repealing and Replacing City Resolution No. 7569, Clarifying the Health and Welfare Benefits and Expense Reimbursements to which the City’s Elected Officials are Entitled.
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Motion by Council Member Trujillo second by Council Member Perez and carried by a 5-0 vote to approve the Consent Calendar.

Mayor Robertson abstained from Warrant Resolution No. 41 (04/28/2022) Voucher No. 223282 and No. 223283 made out to the National Council of Negro Women for $3,596.52 and $2,689.22. 0o0

PUBLIC HEARING
TAB 1
Public Hearing Regarding the Proposed
Annexation of Territory to the Rialto
Landscaping and Lighting Maintenance
District No. 2; Adopt Resolution No.
7876; Adopt Resolution No. 7877
Amy Crow, Administrative Analyst Request City Council to Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; Request City Council to Adopt Resolution No.7876 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2022/2023; and Request City Council to Adopt Resolution No.7877 Confirming the Engineer’s Report Regarding the An nexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fis cal Year 2022/2023 for said Annexation.
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Mayor Robertson asked if anyone wished to come forward to speak. 0o0
No speaker came forward.
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Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5-0 vote to Close the Public Hearing.
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City Clerk McGee read ballot results into the record:
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FOR ANNEXATION INTO CITY OF RIALTO LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 2:

PPD 2017-0029
Woodland Pallet Corporation: YES

Tract 20092
Richmond American Homes: YES

PPD 2021-0010
AG Essential Housing: YES
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Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 5-0 vote to adopt Resolution No.7876 and Resolution No.7877.

The vote was: AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, Council Member Carrizales, Council Member Perez NOES: None. ABSTAIN: None. ABSENT: None.
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DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 9 TAB 2
Reopen Public Hearing; Adopt
Resolution No. 7878 Approving
Substantial Amendment No. 5 Revising
Budget Amount to the 2020-2021 Action
Plan for CDBG-CV
Cynthia Alvarado-Crawford, Community Services Director and Lissette Montoya with Avant Garde Request City Council to: (1) Reopen the Public Hearing and Solicit Public Comments from Interested Citizens; and (2) Adopt Resolution No.7878 Approving Substantial Amendment No. 5 Revising Budget Amounts to the 2020 -2021 Annual Action Plan for CDBG-CV Activities.
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Mayor Robertson asked if there is anyone who wished to speak on this Item.
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City Clerk McGee stated no.
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Motion by Mayor Pro Tem Scott second by Council Member Trujillo and carried by a 5-0 vote to Close the Public Hearing.
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Council Member Trujillo inquired about the ambulatory relief program. 0o0
City Manager Fuller stated this program was intended to provide assistance with ambulance expense not covered by insurance related to a COVID call for service.

It is still not yet determined how to parcel the data from the bill information and outreach to residents who are not aware this assistance is available. We are working with Acting Fire Chief Park. 0o0
Council Member Trujillo asked if it is a program that is applied for or a program residents are being outreached for.
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City Manager Fuller stated the City needs to make the connection due to a limited data based on the limited number of people who would qualify.
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Council Member Trujillo asked about administrative fees to Avante Garde.
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Avante Garde services are currently funded through CDBG and the general fund Rialto Assistance CARES Program. This is another revenue source to pay for the administration of the CDBG-CV programs. 0o0

Mayor Pro Tem Scott clarified if the administration of the CDBG program meant AGI or City staff.
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Ms. Montoya stated the allocation will be set then the City will determine if the entire amount will go toward AGI or a portion to AGI as well as City staff.
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Mayor Pro Tem Scott stated I have a problem with that. The City’s sales tax is substantial, and we are going to use funds that can help residents in need to pay for City staff.

In addition, the park ADA improvements don’t seem much ADA improvements. The seem like pet projects. I have a problem with that.

Andreson Park was remodeled recently, and it is not ADA compliant. If it is not, we should sue the designer and contractor.

He asked about the $700,000 funds and the rental/mortgage assistance applications that were tra nsferred to the American Recovery Act and why that was not disclosed.
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City Manager stated it was disclosed.
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Mayor Pro Tem Scott stated it should have been more open.

He stated a number of Council Members expressed concerns with how people were treated in this process. He expected City staff to have contacted a Council Member and asked how they could relate to them in how people were treated.

He is here to represent the residents of this community. The residents don’t like the program. It’s difficult to work with.
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Council Member Perez asked if the same amount of assistance is being disbursed under the rental/mortgage and small business programs to the applicants.
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DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 11 TAB 2
Reopen Public Hearing; Adopt
Resolution No. 7878 Approving
Substantial Amendment No. 5 Revising
Budget Amount to the 2020-2021 Action
Plan for CDBG-CV
Ms. Montoya stated the Rialto Assistance Program small business can apply for up to $10,000 for expenses and supplies deemed eligible under the program.

Under the CDBG, the assistance is $4,000 and can only use the money for rent purposes.
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Council Member Perez inquired on the amount on the rental/mortgage assistance program.
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Ms. Montoya stated it is $5,300 for Rialto Assistance Program and $4,800 for CDBG-CV.
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Council Member Perez asked if the CDBG -CV program had more requirements than the Rialto Assistance Program.
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Ms. Montoya stated correct.
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Council Member Perez asked if it were possible to increase the amounts being disbursed through the CDBG -CV program since it has more requirements to encourage residents to apply for the program. 0o0
Ms. Montoya stated there have been residents who have been able to seek assistance from both programs.
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Council Member Perez stated that perhaps increasing the amount in the CDBG-CV will incentivize residents to apply for the program. 0o0
Ms. Montoya stated it would be up to the City Council to increase the amount in the CDBG -CV program or use it for activities other than just rent.
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Council Member Perez asked potentially the small business assistance program could be the same as the Rialto CARES Program.
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Ms. Montoya stated correct.
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Council Member Carrizales asked about increasing the amount allocated towards the SWAG Program. He suggested some funds not being utilized be allocated toward the SWAG Program. The SWAG Program could use additional resources. There’s a problem out on the streets and it should be addressed . He is glad to see the changes implemented for a better application response time.
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Ms. Montoya stated that was in collaboration with City staff. We understand how important it is for applicants to receive assistance within a reasonable time.

She apologized for the situation that occurred with Carole Lynn Dance Studio, business owner. It was human error. As soon as it was brought to their attention, City Staff made certain they were funded. They were eligible for both programs. It is the only application this has occurred.

As a result, new processes were put into place and having a presence at City Hall has helped.
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City Treasurer Carrillo asked about the Summar y of Applications process under the CDBG-CV for small business program related to the number of approved applications processed.
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Ms. Montoya stated the number indicates how many Avante Garde staff has approved. Some have already received reimbursement. 0o0
City Treasurer Carrillo asked how many small business es were approved based on the $68,000 amount expended.
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Ms. Montoya stated the $68,000 includes applications the City approved.
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City Treasurer Carrillo asked how many applicants in total. 0o0
Aknesa Ananikyan, Avant Garde Representative , stated out of the 19 applicants, 11 were approved.
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City Treasurer Carrillo asked about the amount expended under the small business program under the Rialto Assistance Program for the 34 approved applicants.
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DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 13 TAB 2
Reopen Public Hearing; Adopt
Resolution No. 7878 Approving
Substantial Amendment No. 5 Revising
Budget Amount to the 2020-2021 Action
Plan for CDBG-CV

Aknesa Ananikyan, Avant Garde Representative, stated all small business applicants received $10,000 under the Rialto Assistance Program.
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Mayor Robertson asked about the transition between CDBG -CV and AGI and is concerned with the number of approved applicants since AGI took over. She asked about various numbers in the staff report related to disbursements and ADA improvements. She does no t believe there has been a decent job of informing the public or reviewing previously denied applications to determine if assistance is needed.

Mayor Robertson asked what “50 Denied*” means – what the asterisk means in the staff report.
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Ms. Montoya stated the asterisk was to indicate which applications were denied or closed – backlog applications. It is identified on Table 1 on the staff report. A number of applications were closed due to inactivity. 0o0
Mayor Robertson asked inactivity on whose part.
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Ms. Montoya stated when Avant Garde staff attempted to contact the backlog of applications, applicants who did not respond, files were closed.

She clarified Avant Garde is not making any changes to the budget approved for the Rialto Assistance Programs. They are only presenting budgetary recommendations for the CDBG-CV funding.

Based on the questions the Council Members had at the last City Council meeting, the Rialto Assistance Programs information was provided and included in the PowerPoint presentation.
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Mayor Robertson asked why a subsequent amendment to the CDBG-CV funding.
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Ms. Montoya expressed that after selecting applications, many were determined not eligible to meet HUD requirements . They are trying to present the City an opportunity to make changes to the budget so the funding is spent timely.

The Ad Hoc Committee meeting requested Avant Garde to contact the applicants that were funded in 2021 rather than 2020 when the program was initiated. Based on those follow -ups, documentation is being collected from applicants and are amending the recommend ation to allow the budget should proper documentation be collec ted by the applicants, the City can then be reimbursed by HUD.
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DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 14

TAB 2
Reopen Public Hearing; Adopt
Resolution No. 7878 Approving
Substantial Amendment No. 5 Revising
Budget Amount to the 2020-2021 Action
Plan for CDBG-CV
Mayor Robertson asked if the Ad Hoc Committee had another meeting and asked how did the second adjustments come about.
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Ms. Montoya stated they are making recommendations but the City Council can designate the amount.
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Mayor Robertson asked if the Ad Hoc Committee concurred. 0o0
Community Services Director Alvarado-Crawford stated the Ad Hoc Committee made recommendations based on adjustments they allocated numbers based off existing projects or opportunities available. 0o0
Mayor Robertson stated those previous numbers have been presented.

Now there are new modifications – Amendment No. 5.
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City Manager Fuller stated Ms. Montoya has been receiving positive feedback on some of the applications for mortgage and rental assistance and small business under the HUD requirements.

Because there has been positive feedback, which is the Ad Hoc Committee’s recommendations, that is why some of those numbers have changed. The assistance amount perhaps could be doubled so that it incentivizes residents and small businesses to apply. 0o0
Mayor Robertson asked how many times people will be able to apply for food and security. What is the layout for the qualifications and how often they can apply?
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Community Services Director Alvarado -Crawford stated it would be similar to the allocation amounts set for utilities and mortgage and rental assistance. The City Council would determine how much to be awarded.
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Mayor Robertson stated she does not see the need to allocate funds into physical improvements when the intent is to assist the community.

She does not see the need to pay themselves. Under CDBG -CV, 20 percent already covers third-party administrator fees. SWAG had resources that had already been allocated, so there is no recognition needed to increase the amount. She is requesting to see numbers to increase numbers for SWAG.

He asked if there was SWAG money in the American Recovery Act. 0o0

City Manager Fuller stated there is. The information is indicated on the staff report and presentation. He stated there is $600,000 for the small business program.
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Mayor Pro Tem Scott stated he is having a hard time understanding the staff report for simple comparisons.
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Mayor Robertson stated it is not matching up. We just discussed the Rialto Assistance Program timeline and the funds disbursed there but we are still discussing making adjustments on CDBG -CV
funds, correct?
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City Manager Fuller stated that is the reason both timelines – the CDBG-CV Program and the Rialto Assistance Program are indicated for the programs funded through the ARPA funds.
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Council Member Carrizales suggested this Item be brought back with recommendations with a one-page comparison for better clarity. 0o0
Mayor Robertson stated the report is not clear. It is hard to act on it.

We are treating this money as if it is re gular CDBG money, which is another allocation. Which is not CARES Act money. There are three accounts. We are also going to see a report on recommendation s for 2022-2023 allocation, and there are concerns on that.

The Ad Hoc Subcommittee can reach out to us individually to listen to our concerns. Can we move this back and keep it open?
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City Manager Fuller recommended more time to prepare a report easier to review and bring back at the June 14, 2022 City Council meeting. 0o0
Mayor Robertson requested a timeline spreadsheet for every applicant.

What is that timeframe?
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Mayor Pro Tem Scott requested to see the small business program assistance application.
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Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5-0 (1) Continue the Public Hearing and Solicit Public Comments from Interested Citizens; and (2) Adopt Resolution No.7878 Approving Substantial Amendment No. 5 Revising Budget Amounts to the 2020-2021 Annual Action Plan for CDBG-CV Activities for June 14, 2022 City Council meeting.
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Council Member Perez asked if reallocating funds is something that needs to be recommended now.
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Mayor Robertson stated the money allocated has not been spent. 0o0
Council Member Perez stated there was discussion of the possibility of increasing the amount. She stated removing the park ADA improvements and adding it to the mortgage and rental and utility assistance and increasing the amount disbursed to the applicant. 0o0
Mayor Robertson stated there was $200,000 proposed. All the funds have not been exhausted.
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City Manager Fuller stated if $410,000 for the park and $150,000 for administration were eliminated, those funds would need to be moved back up to rental/m ortgage assistance or more for small business assistance.
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Mayor Robertson stated we’re not taking action. We just opened up the public hearing.
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Mayor Pro Tem Scott stated we haven’t moved the money.
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City Manager Fuller stated he is just trying to formulate when this is brought back with better recommendations for City Council consideration.
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Mayor Robertson stated she is not open to that. I have not see n what applications are in to date. It does not look like there will be an influx.

They still have applications in review. I do not see the urgency to move the funds.
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City Manager Fuller stated that will be fine. We have City Council action to bring back on June 14, 2022.
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NEW BUSINESS
TAB 3
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Pandemic
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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Mayor Robertson asked where vaccinations are taking place. 0o0
Acting Fire Chief Park stated vaccinations are held at the Grace Vargas Senior Center. Testing is available at the Johnson Community Center and will continue through September.
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Mayor Robertson asked about the Metrolink Bonnie View Drive location. 0o0
Acting Fire Chief Park stated th e Bonnie View Drive location is still testing. There is a fee for the uninsured.
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Community Services Director Alvarado -Crawford stated the Bonnie View location site’s grant funding has been paused or Federal funds were discontinued. They are providing free COVID testing for those who provide their insurance information. If customers cannot show proof of insurance, they are referring them to County sites or charge $75.00 based on test requested.

A different company approached the City to provide testing services at Jerry Eaves Park for free. They are in a similar situation. However, suggest a $29.00 fee for rapid testing.
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If funds are placed into the ARPA or the Rialto Assistance Program that does not have the same strict criteria and meet the census tract, they can receive a “go pass”.

She suggested taking from tax revenues and make available to a Rialto resident with proof of residence.
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Council Member Carrizales stated one way or another it should be made available. If someone does not have insurance, they are charged.

These are people who need help the most. We should be able to figure out how to fund the program. Cases are rising. We need to help our residents.
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Council Member Perez asked if the contract at Jerry Eaves Park would provide free testing unless they are requesting the rapid test. 0o0
Community Services Director Alvarado -Crawford stated it would give the City two free locations with the exception of the rapid test. We are working to make certain the information is provided on City outlets. The Bonnie View location has been asked to provide the County information to patrons not insured and refer them to the J ohnson Community Center for testing.
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Council Member Carrizales stated people cannot be sent from place to place looking for a COVID test. That is irresponsible. 0o0
Mayor Robertson asked if the City is still providing in-home COVID tests or have they been exhausted.
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Acting Fire Chief Park stated additional COVID tests kits have been obtained. They are available at the City Clerk’s Office and Farmers Market.
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Mayor Robertson asked if there is a requirement or maximum amount of COVID tests they can receive at one request.
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Mayor Pro Tem Scott asked how were those COVID kits paid for. 0o0
Acting Fire Chief Park stated those were received from the County. 0o0
City Clerk McGee stated they are available at the Farmers Market.

People are not asking for them. If they see them, they will pick one or two.
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Mayor Robertson asked if they were available in the office in addition to Wednesdays at the Farmers Market. At first there were a lot of requests for them and people were selling them.
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City Clerk McGee stated at first , people were picking them up trying to sell them . P eople are not picking up as before, but they are still available.
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Acting Fire Chief Park stated not many changes have occurred on how COVID positive tests are treated. On May 7, 2022, Cal-OSHA adopted the California Department of Public Health ( CDPH) public health recommendations for the vaccinated and unvaccinated status for exposures. Currently, vaccinated or unvaccinated exposures are now set into quarantine if symptomatic. The recommendation is 10 days with a mask or until symptoms develop.
0o0

Mayor Robertson reiterated there has not been increased cases in City employees but asked what has been positivity rate in the populated area of Rialto.
0o0
City Manager Fuller referenced the wastewater data in the staff report.

There is a viral load uptick in the wastewater. It was a non -detect in April 3, 2022 and now it is detectable to where it was on February 13, 2022. It is concerning. We can bring an action for next Council Meeting to allow for virtual or hybrid meetings.
0o0
Mayor Robertson stated there is an uptick. It’s another strand.

One wasn’t as severe. Now, this one is supposed to be more severe.

We need to look at making that option be available.

What action do we need to take, Counsel?
0o0
City Attorney Vail stated that would depend on the option being considered. It can be set up for either.

The Brown Act states going fully virtual if cannot all meet safely in Council Chambers. If so, the City Council could give direction to set up the next meeting virtual and you can have the resolutions adopted in the past. The City can also go into a “hybrid Zoom” meeting. It is something it can also consider doing.
0o0
Mayor Robertson stated going virtual would be out of a health concern.

The hybrid pathway would be a better option. You either come or don’t come. You don’t have any other options available.
0o0

Motion by Council Member Perez, second by Council Member Trujillo and carried by a 5 -0 (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 to have City Attorney Vail prepare Resolution to set up City Council meetings in hybrid/Zoom format. 0o0
TAB 4
Receive and File FY 2020-2021 Annual
Comprehensive Financial Report
Katherine Stevens , Finance Director and Bryan Gruber, Managing Partner with LSL CPAs and Advisors presented staff report to Request City Council, Rialto Housing Authority, Rialto Utility Authority, and Successor Agency to Accept, Review, and file the Fiscal Year 2020 - 2021 Annual Comprehensive Financial Report and Related Documents. 0o0
Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 5 -0 vote to Receive and File the Fiscal Year 2020 -2021 Annual Comprehensive Financial Report and Related Documents. 0o0
TAB 5
Award Construction Contract to Calmex
Engineering, Inc. for Reconstruction of
Riverside Avenue, City Project No.
180807; Approve First Amendment to
Professional Services Agreement with
Southstar Engineering and Consulting,
Inc. for Construction Management
Support Services
Marcus Fuller, City Manager, presented staff report to Request City Council to: (1) Award a Construction Contract to Calmex Engineering, Inc., a California corporation, in the amount of $9,600,520.00 for Reconstruction of Riverside Avenue from I -10 to the Southern City Boundary, City Project No. 180807; (2) Approve the First Amendment to the Professional Services Agreement with Southstar Engineering and Consulting, Inc. in the Amount of $1,143,369.12 for Construction Management Support Services; (3) Delegate Authority to the City Manager to Approve Contract Change Orders in a Cumulative Amount Not to Exceed $480,000; and (4) Authorize the City Manager to Execute All Documents.
0o0

Mayor Robertson asked if the representatives for Calmex were in attendance.
0o0
Mayor Pro Tem Scott asked if there is a public relations consultant.

City Manager Fuller stated yes. Southstar has one as part of their scope. The outreach component.

Mayor Pro Tem Scott asked if overtime will be provided to Rialto Police Department to set up since it is a nighttime project.
0o0
City Manager Fuller stated that signage announcing double fines will be set up to ensure a safe construction zone.
0o0
Mayor Pro Tem Scott suggested using the same safety measure system Caltrans utilizes.
0o0
Council Member Trujillo asked about ADA accessibility.
0o0
City Manager Fuller stated yes. That was added into the project during the redesign phase to address all the deficient curbs, sidewalks and ramps.
0o0
Mayor Pro Tem Scott requested Rialto Police Department’s overtime be adjusted and billed against the project.
0o0
Mayor Robertson asked how will interfacing with the industrial businesses in the area be like.
0o0
City Manager Fuller stated outreach has already been done and communicated with employers and will continue to have constant communication with them during construction.
0o0

Mayor Pro Tem Scott asked if the City of Colton store s their school busses in the area.
0o0
City Manager stated he is not familiar with that.
0o0

DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 23 TAB 5
Award Construction Contract to Calmex
Engineering, Inc. for Reconstruction of
Riverside Avenue, City Project No.
180807; Approve First Amendment to
Professional Services Agreement with
Southstar Engineering and Consulting,
Inc. for Construction Management
Support Services
Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 5 -0 vote to (1) Award a Construction Contract to Calmex Engineering, Inc., a California corporation, in the amount of $9,600,520.00 for Reconstruction of Riverside Avenue from I -10 to the Southern City Boundary, City Project No. 180807; (2) Approve the First Amendment to the Professional Services Agreement with Southstar Engineering and Consulting, Inc. in the Amount of $1,143,369.12 for Construction Management Support Services; (3) Delegate Aut hority to the City Manager to Approve Contract Change Orders in a Cumulative Amount Not to Exceed $480,000; and (4) Authorize the City Manager to Execute All Documents.
0o0
TAB 6
Approve Renewal of a Five-Year Contract
with the San Bernardino County Fire
Department for Household Hazardous
Waste Collection Services for
FY2022/2023; FY2023/2024; FY2024-2025;
FY2026-2027
Amy Crow, Administrative Analyst and Jose Rodriguez, Assistant Fire Marshal with San Bernardino County Fire presented staff report to Request City Council to Approve the Renewal of a Five -Year Contract with the San Bernardino County Fire Department for Household Hazardous Waste Collection Services for FY2022/2023 in the amount of $140,461.76; for FY2023/2024 in the amount of $145,455.76; FY2024/2025 in the amount of $151,008.71 ; FY2025/2026 in the amount of $157,166.53 and FY2026/2027 in the amount of $163,981.19 for a total Five-Year Cumulative amount of $758,073.95, and Authorize the City Manager to Execute All Related Documents on behalf of the City.
0o0
Mayor Robertson asked for an explanation as to why Rialto’s neighboring cities are not on the contract list to participate in the Household Hazardous Waste Collection Services and if the current service hours in the City of Rialto are appropriate.
0o0
Ms. Crow stated the current service hours of 8:00-12:00 noon, four days a month for the Rialto location is adequate at this time. 0o0

Mr. Rodri guez stated the Household Hazardous Waste Collection Services is a regional program and any resident of the County can use any of the 14 service locations. The San Bernardino location service hours are between Monday -Friday 8:00 -5:00 p.m. It is the centr al headquartered office location. Any City which does not have a program, their City Council has not approved it for them and it’s the reason why the regional program is available to all County residents. 0o0

DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 24 TAB 6
Approve Renewal of a Five-Year Contract
with the San Bernardino County Fire
Department for Household Hazardous
Waste Collection Services for
FY2022/2023; FY2023/2024; FY2024-2025;
FY2026-2027
Motion by Council Member Carrizales second by Council Member Perez and carried by a 5-0 vote to Approve the Renewal of a Five -Year Contract with the San Bernardino County Fire Department for Household Hazardous Waste Collection Services for FY2022/2023 in the amount of $140,461.76; for FY2023/2024 in the amount of $145,455.76; FY2024/2025 in the amount of $151,008.71 ; FY2025/2026 in the amount of $157,166.53 and FY2026/2027 in the amount of $163,981.19 for a total Five -Year Cumulative amount of $758,073.95, and Authorize the City Manager to Execute All Related Documents on behalf of the City.
0o0
TAB 7
Submission of an Active Transportation
Program (ATP) Cycle 6 Grant Application
to Caltrans for $7.5 million requiring a
local match of $750,000 for Pacific
Electric Trail Extension, City Project
No. 200811
Marcus Fuller, City Manager presented staff report to Request City Council to (1) Authorize the Submission of an Active Transportation Program (ATP) Cycle 6 Grant Application to the California Department of Transportation (Caltrans) in the Amount of $7.5 m illion Requiring a Local Match of $750,000 for the Pacific Electric Trail Extension, City Project No. 200811; and (2) Authorize the City Manager to Execute all Documents.
0o0
Mayor Robertson asked if any letters of support were obtained for this application.
0o0
City Manager Fuller stated that it will be done as part of the application process.

He stated it will be designed at the 12-foot width instead of 10 feet. 0o0
Mayor Pro Tem Scott stated 12 or 14-foot width.
0o0
City Manager Fuller stated correct.
0o0
Council Member Trujillo suggested to include an entrance to the trail from the neighboring mobile home park as part of the design. 0o0
Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5-0 voted to (1) Authorize the Submission of an Active Transportation Program (ATP) Cycle 6 Grant Application to the California Department of Transportation (Caltrans) in the Amount of $7.5 million Requiring a Local Match of $750,000 for the Pacific Electric Trail Extension, City Project No. 200811; and (2) Authorize the City Manager to Execute all Documents.
0o0

Arron Brown, Deputy City Manager, presented staff report to Request City Council to: (1) Formally Approve and Ratify the Collective Bargaining Memorandum of Understanding (MOU) by and between the City of Rialto and the Rialto Mid-Management & Confidential Employee Association (RMMA) for the Period Covering July 1 , 2021, through June 30, 2023; and (2) Authorize the City Manager to Execute the MOU. 0o0

Motion by Mayor Pro Tem Scott second by Council Member Trujillo and carried by a 5-0 vote to (1) Formally Approve and Ratify the Collective Bargaining Memorandum of Understanding (MOU) by and between the City of Rialto and the Rialto Mid-Management & Confidential Employee Association (RMMA) for the Period Covering July 1 , 2021, through June 30, 2023; and (2) Authorize the City Manager to Execute the MOU. 0o0
TAB 9
Approve and Ratify the Collective MOU by
and between the City of Rialto and the
RCEA for Period July 1, 2021 through
June 30, 2023

Arron Brown, Deputy City Manager, presented staff report to Request City Council to: (1) Formally Approve and Ratify the Collective Bargaining Memorandum of Understanding (MOU) by and between the City of Rialto and the Rialto City Employees’ Association (RCEA) - General Unit for the Period Covering July 1 , 2021 , through June 30, 2023; and (2) Authorize the City Manager to Execute the MOU. 0o0

Motion by Mayor Pro Tem Scott second by Council Member Carrizales and carried by a 5-0 vote to (1) Formally Approve and Ratify the Collective Bargaining Memorandum of Understanding (MOU) by and between the City of Rialto and the Rialto City Employees’ Association (RCEA) - General Unit for the Period Covering July 1, 2021, through June 30, 2023; and (2) Authorize the City Manager to Execute the MOU. 0o0
TAB 10
Adopt Resolution No. 7879 Amending
FY2021-22 Fiscal Budget; Adopt
Resolution No. 7880 Updating Citywide
Classification and Compensation Plan
Table, revising the Authorized Budgeted
Positions for FY 2021-22, and
Implementing Revisions to the Executive
Employees Benefit Profile and
Unrepresented Management Employees
Benefits Profile
Arron Brown, Deputy City Manager, presented staff report to Request City Council to Request the City Council to: (1) Adopt Resolution No.7879 Amending the Fiscal Year 2021 -22 Fiscal Budget, and (2) Adopt Resolution No.7880 Updating the Citywide Classification and Compensation Plan Table for Full -Time and Part -Time Employees, Revising the Authorized Budgeted Positions for Fiscal Year 2021 -22, and Implemen ting Revisions to the Executive Employees Benefits Profile and the Unrepresented Management Employees
Benefits Profile.
0o0
Mayor Robertson clarified if the cafeteria benefit plan has been increased to $1,550 for medical benefits to the unrepresented management employees.
0o0
Deputy City Manager Brown stated yes.

Mayor Pro Tem Scott asked when the approval for the additional four commercial enforcement officers is coming before the City Council. 0o0
Deputy City Manager Brown stated it is part of the new budget. 0o0
Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 5-0 vote to (1) Adopt Resolution No.7879 Amending the Fiscal Year 2021-22 Fiscal Budget, and (2) Adopt Resolution No.7880 Updating the Citywide Classification and Compensation Plan Table for Full-Time and Part-Time Employees, Revising the Authorized Budgeted Positions for Fiscal Year 2021 -22, and Implementing Revisions to the Executive Employees Benefits Profile and the Unrepresented Management Employees Benefits Profile.
0o0
TAB 11
Receive Draft FY 2022 -2023 Budget;
Provide Direction to Staff as Appropriate;
Schedule Public Hearing for May 26, 2022
to Consider Adoption of FY 2022-2023
Katherine Stevens Director of Finance and Tom Crowley, Utilities Manager, presented staff report to Request City Council to: (1) Receive a Presentation on the Draft Fiscal Year 2022-2023 Budget; (2) Provide Direction to Staff as Appropriate; and (3) Schedule a Public Hearing for May 26, 2022, to Consider Adoption of the Fiscal Year 2022 -2023 Budget.
0o0
Mayor Pro Tem Scott asked why the difference in budget and actual between Service and Supplies.
0o0
Mr. Crowley stated it may have been the manner in which it was categorized for different accounts.
0o0
Mayor Pro Tem Scott stated there are huge differences between what was budgeted and what the actual was for 2022.
0o0

Director of Finance Stevens stated the actuals displayed are shown on a journal entry on the accounting side which occurs after the end of the month. Once posted, that is how they are shown there.

The actuals in the report are a month delayed. The journal entry are received from RUA and processed from our side by the accountants. 0o0
Mayor Pro Tem Scott asked do you anticipate the actual number by the time you get to the end of the year coming up to $50 million. 0o0

DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 10, 2022 Page 27 TAB 11
Receive Draft FY 2022 -2023 Budget;
Provide Direction to Staff as Appropriate;
Schedule Public Hearing for May 26, 2022
to Consider Adoption of FY 2022-2023
Director of Finance Stevens stated the fiscal year remains open until August 30, 2022.
0o0
Mayor Pro Tem Scott asked so this actual number is only here today. 0o0
Director of Finance Stevens stated correct.
0o0
Mayor Pro Tem Scott complimented Director of Finance Stevens on her comprehensive staff report.
0o0
Mayor Robertson also complimented Director of Finance Stevens on her report.
0o0
Council Member Trujillo asked about adding funds to the UAL account. 0o0
City Manager Fuller stated once the current fiscal year is closed, that report will be available in November 2022 that is where you will have the options to consider adding to pre -fund pension, OPEB or capital projects with those excess revenues.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5 -0 vote to (1) Receive a Presentation on the Draft Fiscal Year 2022 -2023 Budget; (2) Provide Direction to Staff as Appropriate; and (3) Schedule a Public Hearing for May 26, 2022, to Consider Adoption of the Fiscal Year 2022-2023 Budget.
0o0
Community Services Community Services Director Alvarado-Crawford gave a report. 0o0
REPORTS The City Council and gave their reports.
0o0
ADJOURNMENT Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 5 -0 vote, to adjourn the City Council Meeting at 10:59 p.m.

The City Council adjourned in memory of:

Dr. Lugenia Horton, PhD ,
B.A.S.I.A. Board Member

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 10032727-5444-4699-91F4-93E13F7A3149

Rialto City CouncilMay 10, 2022

Rialto City Council
May 10, 2022