Tuesday, June 28, 2022
City of Rialto
City Council
Mayor Deborah Robertson
Mayor Pro Tem Ed Scott
Council Member Rafael Trujillo
Council Member Andy Carrizales
Council Member Karla Perez
Barbara A. McGee City Clerk
Edward Carrillo City Treasurer
Eric Vail City Attorney
Marcus Fuller City Manager
Regular Meeting
CLOSED SESSION TIME: 5:00 PM
OPEN SESSION TIME: 6:30 PM
CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO
HOUSING AUTHORITY
June 28, 2022City Council Regular Meeting
THE PERSISTENT PRESENCE OF COVID -19, PERIODIC SPIKES IN THE INFECTION RATE, AND THE INTRODUCTION
OF NEW COVID VARIANTS REQUIRE THE CITY COUNCIL TO BALANCE THE NEED TO PROTECT PUBLIC HEALTH WITH THE NEED TO CONDUCT THE PEOPLES’ BUSINESS IN AN EFFICIENT AND ORDERLY FASHION. THEREFORE, THE RIALTO CITY COUNCIL HAS ADOPTED RESOLUTION NO. 7885 IN COMPLIANCE WITH THE RALPH M. BROWN
ACT TO ALLOW THE COUNCIL TO HOLD MEETINGS AT WHICH MEMBERS OF THE PUBLIC AND COUNCILMEMBERS MAY ATTEND IN PERSON, OR WHERE THEY HAVE A LEGITIMATE HEALTH CONCERN, TO ATTEND REMOTELY.
HOW TO ATTEND THE MEETING. MEMBERS OF THE PUBLIC MAY ATTEND THE MEETING EITHER IN PERSON OR REMOTELY. OPPORTUNITIES TO ATTEND THE MEETING REMOTELY ARE DESCRIBED BELOW:
(1) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (2) Council Meetings are broadcast live on the City ’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99.
(3) Attend the Meeting via ZOOM www.zoom.us/j/89525170072 (4) To listen only Call into the Live Meeting: 1 (253) 215-8782 and enter Meeting ID: 895 2517 0072
IN THE EVENT OF A DISRUPTION TO THE BROADCAST OF THE MEETING, OR A DISRUPTION THAT PREVENTS
MEMBERS OF THE PUBLIC FROM OFFERING PUBLIC COMMENT IN REAL TIME, THE MEETING WILL BE RECESSED UNTIL REMOTE PUBLIC ACCESS IS RESTORED.
HOW TO MAKE A PUBLIC COMMENT.
(1) Appear at the meeting and speak during the public comment period. We request the you complete a Public Speaker Form and submit it to the City Clerk before the meeting. (2) If you are attending remotely, you may submit a public comment in writing to the City Clerk by email at [email protected].
(3) If you are attending remotely by ZOOM (see instructions above) you may provide oral comments in real time via ZOOM when called upon by the City Clerk there is a 5 minute time limit, HOW TO REVIEW THE AGENDA. ALL AGENDAS ARE POSTED IN THE CITY HALL ADMINISTRATION BUILDING (150 SOUTH PALM AVENUE, RIALTO) AT LEAST 72 HOURS IN ADVANCE OF THE MEETING. ALL WRITINGS THAT RELATE
TO AN OPEN SESSION AGENDA ITEM AT A REGULAR COUNCIL MEETING DISTRIBUTED TO ALL, OR A MAJORITY, OF THE COUNCIL MEMBERS WILL BE MADE AVAILABLE AT THE SAME TIME BUT ATLEAST 72 HOURS BEFORE A REGULAR MEETING, FOR PUBLIC INSPECTION ON THE CITY ’S WEBSITE AT www .yourrialto.com AND IN THE OFFICE OF THE CITY CLERK LOCATED AT 290 WEST RIALTO AVENUE, RIALTO, CALIFORNIA (909-820-2519) FROM 7:00 A.M. TO 6:00 P.M., MONDAYS THROUGH FRIDAYS. ANY PERSON HAVING A QUESTION CONCERNING ANY AGENDA ITEM MAY CALL THE CITY CLERK ’S OFFICE TO MAKE INQUIRY CONCERNING THE NATURE OF THE ITEM DESCRIBED ON THE AGENDA.
ITEMS ADDED TO THE AGENDA. CONSISTENT WITH THE RALPH M. BROWN ACT, ADDITIONAL ITEMS MAY BE
ADDED TO THE AGENDA AND ACTED UPON BY THE CITY COUNCIL ONLY IF IT IS CONSIDERED TO BE A “SUBSEQUENT NEED” OR “EMERGENCY” ITEM AND IS ADDED BY A TWO -THIRDS VOTE. MATTERS RAISED
UNDER ORAL COMMUNICATIONS MAY NOT BE ACTED UPON AT THAT MEETING OTHER THAN AS PROVIDED ABOVE.
NEED ADA ASSISTANCE? IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE DIRECTOR OF MAINTENANCE & FACILITIES AT (909) 421-7279. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING (28 CAR 35.102-35.104 ADA Title II).
June 28, 2022City Council Regular Meeting
Next Ordinance No.1668 Next Resolution No. 7935 Called to Order By:
ROLL CALL
Rialto – Entering a Second Century of Progress
• Rialto will be a Family First Community
• Rialto Shall Attract High-Quality Development and Improve its Physical Environment • Rialto’s Economic Environment will be Healthy and Diverse • Rialto will be an Active Community
All items listed on this agenda are being considered and /or acted upon by the City Council on behalf of the City of Rialto, except for such items as are designated by the “RUA,” “ RHA,” which items are being considered and /or acted upon by the Members of the Rialto Utility Authority or Rialto Housing Authority of the City of Rialto in its separate legal capacity .
For convenience and ease of administration only, the agendas for each separate legal body have been consolidated herein
June 28, 2022City Council Regular Meeting
5:00 p.m.
CLOSED SESSION
1 22-614 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1)
(1) Catalina Montalvo v. City of Rialto et al., SBSC Case No. CIV SB 2117131
(2) Blevins v. City of Rialto et al., SBSC Case No. CIV DS 2011961
(3) Erica Sanchez v. City of Rialto, SBSC Case No. CIV SB 2132734
2 22-615 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Four (4) matters
3 22-616 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 130 S. Willow Ave.; APN 0130-211-30
Agency Negotiator: City Manager Marcus Fuller; City Attorney Eric Vail Negotiating Parties: City of Rialto; Oscar and Blanca Esparza Under Negotiation: Price and Terms Sale
June 28, 2022City Council Regular Meeting
6:30 p.m.
Called to Order By:
ROLL CALL
PLEDGE OF ALLEGIANCE - Council Member Rafael Trujillo
INVOCATION - Father Richard Casillas - St. Catherine of Siena City Attorney’s Report on Closed Session
PRESENTATIONS AND PROCLAMATIONS
1 22-567 Designation of July as Park and Recreation Month
ORAL COMMUNICATIONS
City Council to consider removing or continuing any items on the agenda
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion in the following form listed. There will be no separate discussion on these items. If discussion is required, the item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call.
CONSENT CALENDAR
A. WAIVE FULL READING OF ORDINANCES
The Council hereby waives the full reading of any ordinance to be introduced or approved at this meeting and such ordinance shall be read by title only.
B. APPROVAL OF WARRANT RESOLUTIONS
B.1 22-582 Warrant Resolution No.48 (06/16/2022)
B.2 22-583 Warrant Resolution No.49 (06/23/2022)
C. APPROVAL OF MINUTES
C.1 22-584 Regular City Council Meeting - June 14, 2022
June 28, 2022City Council Regular Meeting
D. CLAIMS AGAINST THE CITY
D.1 22-585 Marianela L Venegas - Vehicle Damage
D.2 22-586 Automobile Club of Southern California
D.3 22-587 Robert Bocanegra (Wawanesa) - Vehicle Damage D.4 22-608 Progressive Select Insurance Company A/S/O RAMIREZ, GUILLERMO - Vehicle Damage
D.5 22-606 Melinda Dianna Ferguson - Personal Injury
E. MISCELLANEOUS
E.1 22-569 Request City Council to Adopt Resolution No. 7923 Establishing a Fee Schedule for Use of City Owned Electric Vehicle Charging Stations.
E.2 22-574 Request City Council to: ( 1) Adopt a Memorandum of Understanding (MOU) for the Partnership Between the City of Rialto and the Rialto Unified School District for the Citywide Safe Routes to School (SRTS) Program; and (2) Authorize the City Manager to Execute all Related Documents.
E.3 22-593 Request the Successor Agency to the Redevelopment Agency of the City of Rialto to Adopt Resolution No .7924 Certifying That It Has Reviewed and Considered Information Contained in Certain Environmental Documents for the Gateway Specific Plan and the Rialto II Development Project, Adopting Certain Findings of Fact, and Adopting the Mitigation and Monitoring and Reporting Program.
E.4 22-594
Request the City Council to Adopt Resolution No .7925 Requesting that both the State of California and the Federal Government Implement a Temporary 12-Month Suspension of the Gas Tax.
E.5 22-579 Request City Council to Adopt Resolution No .7926 calling and giving notice of holding a General Municipal Election and requesting the Board of Supervisors to consolidate said Election to be held on Tuesday, November 8, 2022.
June 28, 2022City Council Regular Meeting
TAB PUBLIC HEARING
TAB1 22-546 Request City Council to: ( 1) Conduct a Public Hearing to Consider the Placement of Solid Waste Handling Service Charges on the Property Tax Roll for Residential Customers; and (2) Adopt Resolution No .7927 Authorizing the Placement of Solid Waste Handling Service Charges and Fees on the Property Tax Roll.
(ACTION)
TAB2 22-564 Conduct a Public Hearing to Receive Public Comments Related to the Placement of Sewer Service Charges on the County Property Tax Roll for Delinquent Accounts and Approve City Resolution No .7928 and RUA Resolution No .05-22 Authorizing the Placement of Delinquent Wastewater Payments on the County Property Tax Roll.
(ACTION)
TAB3 22-566 Conduct a Public Hearing to Receive Public Comment in regard to the 2022 Public Health Goals Report pursuant to the Calderon -Sher Drinking Water Act of 1996, the 2021 Consumer Confidence Report on Drinking Water and Approve City Resolution No. 7929 and RUA Resolution No.06-22 to Receive and File the Public Health Goals Report and Consumer Confidence Report.
(ACTION)
TAB4 22-589 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 a Resolution No.7930 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 a Resolution No.7931 Confirming the Engineer’s Report Regarding the Annexation 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 Fiscal Year 2022/2023 for said Annexation.
POWERPOINT
(ACTION)
June 28, 2022City Council Regular Meeting
TAB5 22-598
Request City Council to: ( 1) Conduct a Public Hearing and solicit public comments from interested citizens; and (2) Adopt Resolution No .7932 approving the Fiscal Year 2022-2023 Annual Action Plan (AAP) and authorizing the City Manager to submit the AAP to the U .S. Department of Housing and Urban Development (HUD); (3) and Authorizing the City Manager to take all actions necessary to implement the programs identified in the AAP
(ACTION)
NEW BUSINESS
TAB6 22-600 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) Make Findings for Continuing “Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further Direction in Relation thereto
(ACTION)
TAB7 22-602 Request the City Council to: ( 1) Approve Amendment No. 2 to the Services Agreement with 4LEAF, Inc ., a California corporation, to increase the Contract Amount to $ 830,814 for Additional Contract Staff Support Services through December 31, 2022; (2) Adopt Resolution No .7933 Amending the Fiscal Year 2021-2022 Budget; and (3) Authorize the City Manager to Execute All Documents.
(ACTION)
TAB8 22-595 Request City Council to: ( 1) Authorize the City Manager to Approve Change Orders with CT&T Concrete Paving, a California Corporation, in the cumulative amount of $ 400,000 for the CDBG Curb, Gutter, and Sidewalk Improvement Project, City Project No. CB2201; (2) Authorize the City Manager to Enter into a Reimbursement Agreement with Property Owner of the Vacant Land identified by APN 264-201-24; and (3) Authorize the City Manager to Execute All Documents.
(ACTION)
TAB9 22-581 Request City Council to Authorize an Increase in Payments to Wittman Enterprises, LLC, for Ambulance Billing Services in Accordance with the Agreement at 6% of Total Revenue Collected on an Annual Basis. (ACTION)
TAB10 22-596 Request City Council to Adopt Resolution No .7934 Adopting Updated Rules and Procedures for the Conduct of City Council Meetings. (ACTION)
June 28, 2022City Council Regular Meeting
REPORTS
MAYOR:
COUNCIL MEMBERS:
CITY ATTORNEY:
CITY MANAGER:
ADJOURNMENT