Minutes — Rialto City Council, June 28, 2022

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, June 28, 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, June 28, 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 Robertson called the meeting to order at 5:03 p.m. 0o0
The roll was called, and the following were present: Mayor Robertson, Council Member Rafael Trujillo, Andy Carrizales, Council Member Karla Perez. Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.

Mayor Pro Tem Ed Scott and City Treasurer Edward Carrillo were absent.
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1. 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. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: Four (4) matters
DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 2 CLOSED SESSION 3. 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
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Motion by Counsel Member Carrizales, second by Council Membe r Trujillo and carried by a 4-0 vote to go into Closed Session at 5:04 p.m.

Mayor Pro Tem Scott was absent.
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The City Council returned from Closed Session at 6:33 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:46 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Robertson, Council Member Rafael Trujillo , Council Member Andy Carrizales and Council Member Perez. Also present were City Manager Marcus Fuller, City Attorney Eric Vail , City Treasurer Edward Carrillo and City Clerk Barbara McGee.

Mayor Pro Tem Ed Scott was absent.
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Pledge of Allegiance and
Invocation
Council Member Rafael Trujillo led the pledge of allegiance. 0o0
Father Richard Casillas – St. Catherine of Siena gave the Invocation. 0o0

1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
(3) Catalina Montalvo v. City of Rialto et al., SBSC Case No.

CIV SB 2117131
(4) 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

The City Council 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: Four (4) matters

The City Council received a briefing on one Item and there was no reportable action. The three other matters will be deferred at a later date.

3. 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

The City Council was briefed. There was no reportable action.

PRESENTATION AND

PROCLAMATIONS

1. Designation of July as Park and Recreation Month
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ORAL COMMUNICATIONS

Mayor Robertson asked if anyone wished to speak.
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City Clerk McGee stated no one requested to speak.
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City Council to Consider removing or
continuing any items on the agenda City Manager Fuller requested TAB 4 on the agenda to be continued at the July 12, 2022 City Council meeting. He is also requesting TAB 8 be tabled to a later date.
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Council Member Trujillo requests Item E.2 be pulled for discussion.

He asked about updates related to efforts to outlying schools in the City. 0o0
City Manager Fuller stated the Safe Routes to School program will focus on all the schools in the area. That grant is partnering with Rialto Unified School District. He will revisit the program to confirm what was developed for the outlying schools.
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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 4 E.2
Partnership Between City of Rialto and
the RUSD for the Citywide (SRTS)
Program
Council Member Trujillo stated residents expressed concern with schools on Linden and Merrill Avenue and Fontana Unified School District schools inside City of Rialto.
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Mayor Robertson thanked Council Member Trujillo for opening up the Item for discussion. Not only are there public schools, but also community based, church based, and City limits. We need to revisit all of our safe routes.
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Mayor Robertson asked to recuse herself on a portion of TAB 5 and asked City Attorney Vail how the Item will be handled.
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City Attorney Vail stated Public Hearing TAB 5 . One of the recommendations in TAB 5 is an award of funds to the NCNW Bethune Center, which Mayor Robertson will have a conflict of interest. She does not have a conflict of interest on the entire Item. We will have a staff report, bifurcate the item, we will pause and allow the M ayor to recuse herself, open the public hearing and address public comments dealing with NCNW Bethune Center. The City Council will take action on that Item. Once that is resolved, Mayor Robertson will return to join the meeting to finish the rest of the Item and the Public Hearing. 0o0
Mayor Robertson stated the Ordinance states the City Clerk will oversee the meeting until it is determined who will preside over the meeting. 0o0
CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 48 (06/16/2022)
B.2 Warrant Resolution No. 49 (06/23/2022)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – June 14, 2022

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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 5

CONSENT CALENDAR

D. CLAIMS AGAINST THE CITY
D.1 Marianela L Venegas - Vehicle Damage
D.2 Automobile Club of Southern California
D.3 Robert Bocanegra (Wawanesa) - Vehicle Damage
D.4 Progressive Select Insurance Company A/S/O
RAMIREZ, GUILLERMO – Vehicle Damage
D.5 Melinda Dianna Ferguson - Personal Injury

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CONSENT CALENDAR E. MISCELLANEOUS
E.1 Request City Council to Adopt Resolution No. 7923 Establishing a Fee Schedule for Use of City Owned Electric Vehicle Charging Stations.

E.2 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 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 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 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.
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Motion by Council Member Trujillo second by Council Member Perez and carried by a 4-0 vote to approve the Consent Calendar.

Mayor Pro Tem Scott was absent.
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PUBLIC HEARING
TAB 1
Consider Placement of Solid Waste
Handling Services charges to the
Property Tax Roll; Adopt Resolution
No. 7927
Amy Crow, Administrative Analyst, presented staff report to 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.
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Mayor Robertson asked if anyone wished to come forward to speak. 0o0
No one came forward to speak.
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Motion by Council Member Trujillo, second by Council Member Perez and carried by a 4-0 vote to Close the Public Hearing.

Mayor Pro Tem Scott was absent.
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Mayor Robertson wanted to make certain that the public is aware that this is a process and option to opt out.
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Ms. Crow stated opt out applications are available on the Rialto City and Burrtec’s website if interested in opting out and prefer to receive a quarterly billing mail.
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Council Member Trujillo asked what circumstances wo uld lead the public to opt out.
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Ms. Crow stated property owners who would prefer their renter pay their trash bill. If it is done through the tax roll billing, it is paid by the property owner through the taxes then funds would be recouped from the renter.

By opting out, it puts the responsibility on the renter.to pay the trash bill.

Currently, there are 1,961 custo mers who are opting out tax roll billing out of 19,000 customers Citywide.
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Motion by Council Member Trujillo second by Council Member Carrizales and carried by a 4-0 vote to Adopt Resolution No.7927 Authorizing the Placement of Solid Waste Handling Service Charges and Fees on the Property Tax Roll.

Mayor Pro Tem Scott was absent.
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Mayor Pro Tem Scott was absent.
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Motion by Council Member Carrizales, second by Council Member Trujillo and carried by a 4-0 vote to Approve City Resolution No.7928 and RUA Resolution No.05-22 Authorizing the Placement of Delinquent Wastewater Payments on the County Property Tax Roll.

Mayor Pro Tem Scott was absent.
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TAB 3
Approve City Resolution No. 7929 and
Resolution No. 06-22
Receive and File Public Health Goals
Report and Consumer Confidence Report
Nicole Hemmans, Senior Administrative Analyst, presented staff report to 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.
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Mayor Robertson asked if anyone wished to come forward to speak. 0o0
No one came forward to speak.
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Motion by Council Member Perez, second by Council Member Trujillo and carried by a 4-0 vote to Close the Public Hearing.

Mayor Pro Tem Scott was absent.
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Council Member Trujillo asked since the State project is closing due to the drought, is an option to u se State Well No.2 to do irrigation rather than blending it into the water system.
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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 8 TAB 3
Approve City Resolution No. 7929 and
Resolution No. 06-22
Receive and File Public Health Goals
Report and Consumer Confidence Report
Ms. Hemmans stated she will have an answer to Council Member Trujillo the next day.
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Council Member Perez asked what is the average testing time for others.
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Ms.Hemmans, stated it will require quarterly testing as opposed to every three years.
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Council Member Carrizales asked why the water had d ropped significantly during 2015-2021.
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Ms. Hemmans stated the water has not been treated. It is just naturally going down.
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Council Member Carrizales asked if there is any research showing the reason it is going down. Is there an answer as to what is the cause and how we can improve it?
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Ms. Hemmans stated she will provide a response for the City Council. 0o0
Council Member Trujillo asked if there is a way to find out if it is being captured from the soil during the rain season than the drought. 0o0
Ms. Hemmans stated she will find out if it is drought related. 0o0
Council Member Carrizales stated the numbers are low but he would like to see it down to zero. He personally does not like any arsenic. 0o0
City Manager Fuller stated that it is good to see the arsenic level dropping at that Well and that it continues to drop.
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Motion by Council Member Carrizales, second by Council Member Perez and carried by 4-0 vote to Approve City Resolution No. 7929 and RUA Resolution No.06-22 to Receive and File the Public Health Goals Report and Consumer Confidence Report.

Mayor Pro Tem Scott was absent.

TAB 5
Adopt Resolution No. 7932 Approving FY
2022-2023 Annual Action Plan

Cynthia Alvarado -Crawford, Community Services Director presented staff report to 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.
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Mayor Robertson stepped away from the dais at 7:40 p.m. 0o0
City Clerk McGee opened the Public Hearing.

She asked if anyone wished to come forward to speak related to NCNW Bethune Center.
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No one came forward to speak.
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Motion by Council Member Perez, second by Council Member Trujillo and carried by a 3-0 vote to Close the Public Hearing.

Mayor Robertson recused herself due to conflict of interest with the NCNW Bethune Center.

Mayor Pro Tem Scott was absent.
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City Clerk McGee asked if the City Council would like to discuss the Bethune Center.

The City Council will only be discussing TAB 5 Item related to the NCNW Bethune Center. She stated only that portion will be discussed at this time. Once the City Council has acted, the Mayor will rejoin the meeting and the remaining portion of TAB 5 will be discussed.

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Motion by Council Member Perez, second by Council Member Carrizales and carried by a 3-0 vote to award $42,000 to the NCNW Bethune Center.

Mayor Robertson recused herself from this portion of the Tab Item due to conflict of interest with NCNW Bethune Center.

Mayor Pro Tem Scott was absent.
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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 10 TAB 5
Adopt Resolution No. 7932 Approving FY
2022-2023 Annual Action Plan
Mayor Robertson returned to the dais at 7:43 p.m.
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Mayor Robertson reopened the Public Hearing for the remaining portion of Tab 5 – CDBG Report 2022-2023.

She asked if anyone wished to come forward to speak on the remaining portion of the CDBG Plan.
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No one came forward to speak.
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Motion by Council Member Trujillo, second by Council Member Perez and carried by a 4-0 vote to Close the Public Hearing.

Mayor Pro Tem Scott was absent.
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Mayor Robertson asked where is the Easter Seals organization providing their services to the autism community in the City of Rialto. 0o0
Community Services Director Alvarado -Crawford stated the Easter Seals office location is in Ontario. However, therapeutic services are being performed at home-sites.
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Mayor Robertson asked for verification of at-home services provided.

One of the focuses was to have a storefront business in the community in addition to performing at-home services.

She inquired why there was a reduction in funding request. 0o0
Community Services Director Alvarado -Crawford stated the Ad -Hoc Committee decided to take a tiered system approach. The No. 1 tier was based off priority.
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Mayor Robertson asked what the tiered priority is.
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Council Member Trujillo stated that in May , the Ad -Hoc Committee changed its fund allocation between the March and May meeting. 0o0
Community Services Director Alvarado -Crawford stated there was $26,000 less received than anticipated. Six thousand was going to affect the programming in the non -profit areas. One application from Community Services Department was pulled out so the non -profits would not be affected.

She discussed the possibility of launching a food insecurity program to partner with the County on that health matter. She expressed her concern in finding ways to expand the funds and address broader areas of concern such as Public Health and Black infant health in the City.

She stated she also has family members at different levels on the autism spectrum. She does not understand the big difference in fund request by Easter Seals.
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Council Member Trujillo stated the fund request for Easter Seals was $60,000 for operating costs.
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Community Services Director Alvarado -Crawford stated they had requested $40,000. They requested $25,000 for personnel and $15,000 for supplies.
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Mayor Robertson stated Easter Seals requested $20,000 last year.

They received $24,500 from the Kaiser Foundation. They received $100,000 from the Sony Corporation. We gave them the $20,000 they requested. Easter Seals said they were going to serve 20 people and they exceeded the number of people.
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Council Member Trujillo asked if any representative from Easter Seals is present.
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Mayor Robertson stated she would like to speak to it due to limited resources.
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Council Member Carrizales asked if any organization was present at the meeting. Can this Item be pushed back? He asked if the organizations were asked to be present to answer questions of the City Council. 0o0
DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 12 TAB 5
Adopt Resolution No. 7932 Approving FY
2022-2023 Annual Action Plan
Ms. Montoya with Avant Garde stated the program manager is the one who speaks directly with the organization recipients.
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Mayor Robertson expressed her concerns with the funding requests of the different applicants.

Is there anything that causes us to make those reductions based on their failure to perform?
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Council Member Carrizales asked if there is any data on the services performed the year prior.
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Community Services Director Alvarado -Crawford referenced Exhibit C which demonstrates what was awarded last year and the number of residents served currently.
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Council Member Carrizales suggested this Item be tabled. 0o0
Mayor Robertson recommended making an adjustment to Legal Aid and Veterans Affairs and retract that from the part for Easter Seals.

She stated Inland Equity Community Land Trust (IECLT) did not get funded last year and services were sorely needed in the community. 0o0
Community Services Director Alvarado -Crawford stated IECLT were funded last year. They did not apply for a grant for 2022-2023. 0o0
Mayor Robertson request ed that the applicants have a storefront or have the program present at the community center such as the Autism Society or offer services at the resource center.
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Council Member Carrizales made a motion to table TAB 5. 0o0
Council Member Trujillo agreed with Council Member Carrizales and seconds the motion. He believed it is very important to ask questions of the contractors. A lot of the services provided to children at that level is usually home -based. A lot of the non -profits in our community , do business in our community but operate in a different way. 0o0

Community Services Director Alvarado -Crawford stated there are several organizations that are awarded that don’t necessarily have an office in Rialto. We can ask them to come in and do their three -minute presentation before the City Council.
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Mayor Robertson asked which ones do not operate in Rialto. 0o0
Community Services Director Alvarado -Crawford stated there were several that do not have offices in Rialto.
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Mayor Robertson referenced the staff report to determine which have businesses offices or a presence in the City of Rialto.

All I am asking is that they have a space. But if that is the body of the group. If this is tabled, what does this mean in terms of submitting the application timelines.
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Ms. Montoya stated HUD extended the deadline to submit the action plan because of the late announcement of allocations. The absolute deadline is August 16, 2022.

If the Item is continued, then we request that it be continued to the July 12, 2022 City Co uncil meeting so there is sufficient time to submit the plan prior to the deadline.
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Mayor Robertson made a subsequent motion to proceed with minor monetary adjustments and asked that the contractors give their presentation at a later time to not hold up the delivery o f services and move forward.
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City Attorney Vail asked if there is a second motion to the subsequent motion.

There is no second to the subsequent motion. That motion dies.

Now, we go back to the motion to continue to table the Item to the July 12, 2022 City Council meeting.
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Motion by Council Member Carrizales, second by Council Member Trujillo and carried by a 3-0 vote to Continue with the remaining portion of TAB 5 at the July 12, 2022 City Council meeting.

Mayor Robertson voted no.

Mayor Pro Tem Scott was absent.
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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 14 TAB 5
Adopt Resolution No. 7932 Approving FY
2022-2023 Annual Action Plan

City Attorney Vail reminded the City Council that it previously took action on a portion Item 5 related to NCNW Bethune Center and approved it, and that portion will not come back.
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TAB 6
Receive an Update and Confirm the
Continued Existence of and Provide
Further Direction to the Local Emergency
in Response to COVID-19 Pandemic;
Continuing “Hybrid” Public Meetings
Acting Fire Chief Brian Park 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) Make Findings for Continuing “Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further Direction in Relation thereto.
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Mayor Robertson asked if the County will be providing vaccinations at the County facilities.
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Acting Fire Chief Park stated at the medical sites, they are. The only mobile location would be at the Victorville site.
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Council Member Trujillo suggested partnering with CVS Health during the flu season to make certain there are plenty of reso urces available when the demand increases.
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Council Member Perez asked about the current quarantine periods or average period of testing negative currently is.
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Acting Fire Chief Park stated it used to be 21 days. He will have to get back to the City Council where the continued positive tes t period currently stands.
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Mayor Robertson discussed about having vaccinations available at special events to assist parents to vaccinate their children. 0o0
Council Member Perez asked for clarification on City Council meeting format should there be a rise in cases.
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City Attorney Vail reminded the City Council they are in a “hybrid” format and explained the format.

Should the numbers rise, and the City Council decide to enter into virtual mode, that format can be adopted.

If th e Resolution is adopted, the current “hybrid” mode will remain in place.

Mayor Pro Tem Scott was absent.
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TAB 7
Approve Services Agreement with
4LEAF, Inc the Contract amount to
$830,814 for contract support services
through December 31, 2022; Adopt
Resolution No. 7933 Amending FY 2021-
2022 Budget
Marcus Fuller, City Manager, presented staff report to 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.
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Motion by Council Member Carrizales, second by Council Member Trujillo and carried by a 4-0 vote 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.

Mayor Pro Tem Scott was absent.
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TAB 8
Approve Change Orders with CT&T in
the amount of $400,000 for City Project
No. CB 2201; Authorize Reimbursement
Agreement with Property Owner of
Vacant Land APN 264-201-24
Tab 8 was pulled to bring back at a later date.
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Motion by Council Member Carrizales, second by Council Member Perez and carried by a 4-0 vote 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.

Mayor Pro Tem Scott was absent.
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TAB 10
Adopt Resolution No. 7934
Updated Rules and Procedures for the
Conduct of City Council Meetings
Marcus Fuller, City Manager, City Attorney Vail, and City Clerk McGee presented staff report to Request City Council to Adopt Resolution No.7934 Adopting Updated Rules and Procedures for the Conduct of City Council Meetings.
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Mayor Robertson asked for clarification on the order of agenda items and oral communications comments and timeframes.

Does the order matter?
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City Attorney Vail clarified that it only matters if a lot of public comments were anticipated. We need to make sure we do the ones on agenda items – to complete those before you move into the business section where you are acting on agenda items because those have to be held first.

Comments on Items that are not on the agenda can be done up front.

If there are too many speakers and the City Council needs to conduct business, you can stop and hold those over to the end of the meeting.

Just want to make that clarification.
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Mayor Robertson asked if there is a timeframe not exceed a certain amount of time for general comments. The City of Ontario had a three- minute but general comments not to exceed 30 minutes.

The presiding officer and City Council would have the discretion to agree to extend to be on 30 minutes but not to exceed.
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City Attorney Vail stated correct. For example, general time limit not to exceed 20 minutes for comments on non-agenda items. The presiding officer could extend it.
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Council Member Carrizales recommended a total of 30 minutes and the time can be adjusted at the discretion of the presiding officer.

DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 17 TAB 10
Adopt Resolution No. 7934
Updated Rules and Procedures for the
Conduct of City Council Meetings
Council Member Trujillo asked how would the extension of time look like. Would the City Council provide the courtesy to extend it at that moment or to wait at the end of the meeting?
Is that how it is handled when there are many speakers on one subject not on the agenda?
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City Attorney Vail stated correct.
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City Manager Fuller stated in his experience in another City, because we try to capture from a public comment speaker what item they are speaking on, we will know up front . Many have Items on the agenda they want to speak and generally we will work with the City Clerk to get those comments first. We don’t want to force people to wait till the end of the meeting, so if we can have the time to have general comments on non-agenda items we will try to do that.

You may have an occasion where you will have 30-50 speakers wanting to speak on a number of Items on the agenda. The presiding officer can determine how much time should be allotted to each speaker. 0o0
Council Member Trujillo emphasized that it was basically a tool to be able to manage it.
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Council Member Carrizales stated he will motion the Item. 0o0
Council Member Trujillo stated he would second the motion. 0o0
Mayor Robertson stated there are still questions.
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Council Member Perez asked for clarification on the number of minutes allowed to speak whether it be for oral communications or multiple tab items. Speakers are permitted a total of three minutes total combined? 0o0
City Manager Fuller stated correct.
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Mayor Robertson asked why is n’t Invocation pr ecede the Pledge of Allegiance.
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City Manager Fuller stated based on the Resolutions adopted that has been the order.

She also addressed markings on Page 17 should read “will follow” instead of “will following”.

She inquired why Section D page 20 Conflict of Interest was eliminated.

What is being put in place of that?
She also addressed a number of typographical errors.
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City of Attorney Vail stated the Conflict of Interest Section is duplicative of State law. When you put something that is completely duplicative of State law in a Resolution that does not get changed often, it often gets out of sync of State law. We have an obligation to follow the Political Reform Act and the FPPC rules. Those don’t need to be recited in your Resolution, and you still have to comply with them even if your Resolution doesn’t refer to them or make you comply with them. They are an obligation under State law.

To avoid subsequent confusion with what applies, I’ve recommended that we take that section out.
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Mayor Robertson asked how will the part of the State law be referenced in the Resolutions.
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City Attorney Vail stated it will not. If the City Council feels it necessary to state it in the procedural Resolution, it can. The City Council already has that obligation.
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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 19 TAB 10
Adopt Resolution No. 7934
Updated Rules and Procedures for the
Conduct of City Council Meetings
Mayor Robertson stated we bring things in. We take things out . Then the City Council body changes. Then it’s not there. Then people don’t know where is the connection of conflict of interest. Where does it rest with understanding it?
I am very concerned that after we spent so much time investigating on the matter of conflict of interest, that now we will not have anything in our Resolutions. We stay silent to it. It needs to stay somewhere. We don’t assume they understand.
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City Attorney Vail stated we can easily add back a provision that says “Conflict of Interest” that refers to the Political Reform Act, the other State laws and regulations, and the City’s own Ordinance. 0o0
Mayor Robertson stated let’s do that.
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Council Member Trujillo asked about the posting of the rules. Where will it be displayed? Will it be in the public area of the lobby or the front of the building.
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City Manager Fuller stated we can.
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Mayor Robertson stated it is usually in the front of the agenda. 0o0
Council Member Trujillo recommended having the agenda visible to the public so they understand the order of things and that there are certain expectations upon entering the Council Chambers that a civil meeting with civil discussion will take place.
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Mayor Robertson stated we have always stated the timeframe. This will get updated to reflect everything.
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City Attorney Vail asked if the City Council would like to continue TAB 10 since there are going to be changes, so they can see the revised version and vote on it at the July 12, 2022 City Council meeting. 0o0
Mayor Robertson stated she would.
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City Manager Fuller stated it would be fixing the typos that occurred with the red line, switching Invocation and Pledge of Allegiance and the 30-minute maximum and the conflict of interest reference.

City Attorney Vail stated an amended version will be brought back to the City Council for approval.
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Mayor Robertson stated City Attorney Vail made the comment after action was taken.
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City Attorney Vail stated since the City Council approved it subject to changes, it can be let go and changes can be made.

His recommendation is that the City Council always approve only the draft that looks exactly like you would like it to look unless there is a minor typo.
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Mayor Robertson stated my concern was related with a statement of substance.

She concurred with the recommendation of City Attorney Vail.

We need to rescind the vote.
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Rescind previous vote and table Item to continue for the next City Council meeting on July 12, 2022.
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Community Services Community Services Director Alvarado-Crawford gave a report. 0o0
REPORTS The City Council and gave their reports.
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DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – June 28, 2022 Page 21 ADJOURNMENT Motion by Council Member Trujillo, second by Council Member Perez and carried by a 4-0 vote to adjourn the City Council Meeting at 9:04 p.m.

Mayor Pro Tem Scott was absent.

The City Council adjourned in memory of:

Wayne Eric Morehead,
Former Human Relations
Commissioner Linda Chapman ’s Son-In-Law

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 9E3BA7E3-DD5C-4013-B504-9EC2D112E557

Rialto City CouncilJune 28, 2022

Rialto City Council
June 28, 2022