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Rialto City Council
September 27, 2022

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September 27, 2022
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REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, September 27, 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, September 27, 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 4:05 p.m. 0o0
The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Ed Scott, Council Member Andy Carrizales, Council Member Karla Perez. Also present were City Manager Marcus Fuller, City Attorney Eric Vail and City Clerk Barbara McGee.

Council Member Rafael Trujillo and City Treasurer Edward Carrillo were absent.
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CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8
Property: Approximately 22 acres North of Baseline
East of Linden, West of Ayala Drive, in the vicinity of Miro Way
(APN 0264-212-12, 17, 30, 44,45, 46 and 54)
Agency Negotiator: City Manager Marcus Fuller;
City Attorney Eric Vail.

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

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 2 CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
One (1) matter:
(1) S.A.J. through Guardian ad Litem Lawrence Todd v.

City of Rialto et al.,
Case No. USDC 22-CV-00767-SSS-SHK

3. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section
54956.9(d)(2)
Number of matters: Five (5) matters.

4. 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 Employees
 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

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Two (2) positions:
(1) Title: City Manager
(2) Title: City Attorney
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CLOSED SESSION

Motion by Council Member Carrizales and second by Council Member Perez and carried by a 4-0 vote to go into Closed Session at 4:08 p.m.

Council Member Trujillo was absent.
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Council Member Trujillo arrived at 4:09 p.m.
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The City Council returned from Closed Session at 6:39 p.m.

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 3 CALL TO ORDER Mayor Robertson called the meeting to order at 6:54 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Deborah 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 Pro Tem Andy Carrizales led the pledge of allegiance. 0o0
Pastor Dr. Victor Noland – Word In Action Christian Center gave the Invocation.
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City Attorney’s Report on
Closed Session

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

Negotiating Parties: City of Rialto as Successor Agency; unspecified potential buyers
Under Negotiation: Price and Terms Sale
City Attorney Vail stated Council Member Carrizales recused himself due to a conflict of interest. There was a report for the City Council from the City Manager, gave direction, but there was not reportable action.

2. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
One (1) matter:
(2) S.A.J. through Guardian ad Litem Lawrence Todd v.

City of Rialto et al.,
Case No. USDC 22-CV-00767-SSS-SHK

The City Council heard a report from the City Attorney and Police Chief Kling. There was no reportable action at this time.

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 4 City Attorney’s Report on
Closed Session
3 CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section
54956.9(d)(2)
Number of matters: Five (5) matters.

The City Council heard briefings from the City Attorney on three of the five matters. The other two items will be continued to the November 15, 2022 meeting if they are still necessary.

4 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 Employees
 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
This Item will be continued to the November 15, 2022 meeting.

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Two (2) positions:
(1) Title: City Manager
(2) Title: City Attorney
This Item was not reached due to time and will be continued to the November 15, 2022 meeting.
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City Attorney Vail stated for the record that Council Member Trujillo arrived at 4:09 p.m. during Closed Session.
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PRESENTATION AND

PROCLAMATIONS

1. Proclamation - Allene Langford Dixon 100th Year Birthday

2. Proclamation - 75th Anniversary of the Rialto Host Lion Club -

3. Recognition of Bank of America’s Student Leaders Program to Isabelle Prittie - Council Member Rafael Trujillo

4. Introduction of new employees and Promotions
by Marcus Fuller, City Manager and
Shama Curian Deputy Director of Human Resources/
Risk Management Assistant
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 5 ORAL COMMUNICATIONS Mayor Robertson asked if anyone wished to speak. 0o0
City Clerk McGee stated there are none at this time.
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City Council to Consider removing or
continuing any items on the agenda City Attorney Vail stated there is an Item of Subsequent Need to be added to the Consent Calendar. It requires a 4/5 ths vote to become Item F.12 related to Ordinance you gave first reading to ha ve Public Hearing at the last meeting having to do with Rialto Community Facilities District No. 1010-1 for the Rancho Verde it was inadvertently left off. It wasn’t discovered until after it was posted. It does need action tonight.

If you vote to add it, then I will add the full description on it, then become Item F.12 in the Consent Calendar that you would vote on. 0o0
Mayor Robertson asked before I vote on it, is there any reason why it was inadvertently left off when there’s a process that we go through and there’s a process of looking at things that need to be carried over.

What would be the repercussion if we don’t have a 4/5ths vote? 0o0
City Manager Fuller stated this has to do with the modification of the CFD for Lennar. They are several closings scheduled contingent on the adoption of the Ordinance and its effective date 30 days later. It was inadvertently left off the agenda. It should have been a normal course of action of a second reading on the consent agenda.
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Mayor Robertson asked if there is a 4/5 ths vote, it can move forward, but if not, it would not be put on the agenda.
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City Manager Fuller stated that’s correct.
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Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 4-1 vote to include Item F.12 as a Subsequent Need Item related to the Ordinance with Rialto Community Facilities District No. 1010-1 Rancho Verde.

The vote was AYES: Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Perez.

NOES: Mayor Robertson. ABSTAIN: None. ABSENT: None. 0o0
City Attorney Vail noted Mayor Robertson’s recusal on Item B.1 and F.2.

B.1 is a warrant register payment to the Bethune Center and F.2 is a lease to the Bethune Center.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 6 City Council to Consider removing or
continuing any items on the agenda Mayor Robertson stated for the record I will recuse myself from the voucher payment. But I am not clear why I need to recuse myself for a City lease with an organization. So I won’t be recusing myself. 0o0
Mayor Pro Tem Scott stated he would like to ask to continue Items F.5, F.6, F.7, F.8, and F.9 to the City Council meeting on November 15, 2022. They’re all related to on-call services.

I believe it is within the City Manager’s authority to use anyone he needs to use now till the next meeting. I have several questions, so we can continue those Items until November.
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Council Member Carrizales recused himself from Consent Calendar on Item F.11 and TAB 6 due to a conflict of interest with his business at the Renaissance Marketplace.
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Mayor Robertson stated for the record, she is aware that because of the payments that are received to the National Council of Negro Women, which is an organization that I have been a member since 1975, but because they receive a contract which is Federal funds for community block grant and run a program, I have been advised by Counsel that I need to recuse myself every time we are ratifying the payments we already paid the warrant.

For the record, I want people to understand, when it comes to negotiating a lease with an organization like any other community-based organization, I don’t quite know why I would need to recuse myself for a lease that the City entered into with the organization to move them so they can now use the space that the organization has been using at the Resource Center for staffing purposes. We have also made the request to have the Rialto Education A ssociation move because we are go ing to need to reclaim that space for expanding based on increased staff.

Counsel, unless you want to give me a written opinion, I appreciate it as you see that being a conflict. The lease is a nominal lease, and I think there’s a nominal amount that is being asked annually for them to pay.

The organization has just requested that be deferred. I don’t know where I’m a conflict in that. That’s why I’m not going to recuse myself for that.

She requested the written opinion at a later time.
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City Attorney Vail stated that based on the previous direction from HUD, with the familial relationship and an abundance of caution, it was my recommendation that you recuse on that Item. The decision, of course, is up to you.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 7 City Council to Consider removing or
continuing any items on the agenda Mayor Robertson stated that because of HUD, the money is expended to the organization for their services with personnel has nothing to do with the cost of the lease of the facility with the City of Ri alto. Those funds will be paid by the National Council of Negro Women organization.

It logically doesn’t make any sense that I would be recusing myself from an organization that I have been involved in since 1975 before I came here.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 11 (09/15/2022)
B.2 Warrant Resolution No. 12 (09/22/2022)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – September 13, 2022

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D. CLAIMS AGAINST THE CITY
D.1 Jasmine Calahan - Vehicle Damage
D.2 Krystle Walker - Wrongful termination
D.3 Maria Hernandez and Jose Desales Lopez - Personal Injury D.4 Carmen Alice Gomez - Personal Injury

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E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for November 15, 2022 to consider (1) General Plan Amendment No. 2020 -0001, a request to change the general plan land use designation of approximately 8.46 gross acres of land from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, (2) Specific Plan Amendment No. 2020 - 0001, a request to change the specific plan zoning designation of approximately 8.46 gross acres of land from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I -P) within the Gateway Specific Plan, (3) Variance No. 2020 -0001, a request to increase the maximum allowable building height from 35 feet to 49 feet,

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 8 CONSENT CALENDAR (4) Conditional Development Permit No. 2020 -0006, a request to allow the development and operation of a 492,410 square foot industrial commerce building on approximately 22.49 gross acres of land, (5) Precise Plan of Design No. 2020 -0012, a request for site and architectural review of a 492,410 square foot industrial commerce building on approximately 22.49 gross acres of land, and (6) an Environmental Impact Report (Environmental
Assessment Review No. 2020 -0007) prepared for the project, in accordance with the California Environmental Quality Act (CEQA).

The project site is located at the northwest corner of Valley Boulevard and Willow Avenue.

E.2 Request City Council set a Public Hearing for November 15, 2022, to approve the Naming of a Meeting Room in the Frances E.

Brooks Conference Center located at the Johnson Community Center “Barbara Chavez Meeting Room”.
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F. MISCELLANEOUS
F.1 Request City Council to (1) Adopt Resolution No. 7977 Amending the 2022-2023 Fiscal Year Budget; (2) Accept the Fiscal Year 2021 Homeland Security Grant Program (HGSP) in the Amount of $25,965; and (3) Authorize the City Manager to Execute all Documents.

F.2 Request City Council to: (1) Approve a Facility License Agreement between the City of Rialto and the Nation al Council of Negro Women Bethune Center to Relocate Operations to the Grace Vargas Senior Center for a Term of 9 Months with Two One -Year Extensions; (2) Waive the First Term Payment of $375; and (3) Authorize the City Manager to Execute All Documents.

F.3 Request City Council to (1) Approve a Temporary Construction Easement Agreement with Yunan Chen, CEO of Yunan C Future Inc. for the Property Located at 690 S. Riverside Avenue, Rialto, CA 92376 (APN:0131-161-22); and (2) Authorize the City Manager to Execute all Documents.

F.4 Request City Council to Adopt Resolution No.7978 A Resolution of the City Council of the City of Rialto, Amending the City’s Conflict of Interest Code and List of Designated Employees.

F.5 Request City Council to: (1) Award Profe ssional Services Agreements with Albert A. Webb Associates and Transtech Engineers for On -Call Traffic Engineering Services, and (2) Authorize the City Manager to Execute All Documents.

F.6 Request City Council to: (1) Award Professional Services Agreements with Koury Engineering & Testing Inc. and MTGL, Inc. for On -Call Geotechnical Services, and (2) Authorize the City Manager to Execute All Documents.

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 9

CONSENT CALENDAR

SUBSEQUENT NEED ITEM

F.7 Request City Council to: (1) Award a Professional Services Agreements with GEI Consultants, Inc. and Terracon Consultants Inc. for On-Call Environmental Services, and (2) Authorize the City Manager to Execute All Documents.

F.8 Request City Council to: (1) Award Professional Services Agreements with Mark Thomas & Company, Inc., Michael Baker International, Proactive Engineering Consultants, Inc. and Psomas for On -Call Professional Civil Engineering Services, and (2) Authorize the City Manager to Execute All Documents.

F.9 Request City Council to: (1) Award Professional Services Agreements with Black O’dowd and Associates, Inc. DBA BOA Architecture, Bureau Veritas North America, Inc., and Westgroup Designs Inc. for On -Call Professional Architectural Services, and (2) Authorize the City Manager to Execute All Documents.

F.10 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.

F.11 Request City Council to Authorize the City Manager to Negotiate and Execute a Final Miro Way Parcels Collective Disposition Agreement with Lewis-Hillwood Rialto, L LC Upon City Attorney Approval as to Form, and to Proceed with Issuance of Sealed Bid Auction Notices.

F.12 Request City Council to Adopt by Second Reading Ordinance No. 1670 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF RIALTO ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF RIALTO COMMUNITY
FACILITIES DISTRICT NO. 2020 -1 (EL RANCHO VERDE)
REPEALING ORDINANCE NO. 1648 AND AUTHORIZING THE
LEVY OF MODIFIED SPECIAL TAXES WITHIN SAID DISTRICT.
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Motion by Council Member Perez , second by Council Member Trujillo and carried by a 5 -0 vote to approve the Consent Calendar with the removal of F.5, F.6, F.7, F.8 , F.9 and the addition of F.12, the Subsequent Need Item.

Mayor Robertson abstained from Warrant Resolution No. 11 (09/15/2022) Voucher No. 226006 made out to the National Council of Negro Women for $1,811.02 and $3,412.75.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 10

PUBLIC HEARING
TAB 1
Adopt Resolution No. 7979 and Adopt
Resolution No. 7980 Regarding the
Proposed Annexation of Territory to the
Rialto Landscaping and Lighting
Maintenance District No. 2

Amy Crow, Administrative Analyst, presented staff report to Request City Council to: (1) Conduct a Public Hearing Regarding th e Proposed Annexation of Territory to the Rialto Landscaping and Ligh ting Maintenance District No. 2; (2) Request City Council to Adopt Resolution No. 7979 Declaring the Results of the Property Owner Protest Ballo t Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialt o Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2022/2023; and (3) Request City Council to Adopt Resolution No. 7980 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Light ing 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.
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Mayor Robertson asked if anyone wish ed to speak or file a written response for this Item.

City Clerk McGee stated no there is not.
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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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Mayor Pro Tem Scott inquired on PPD 2018 -0105 east of Cedar on Foothill Boulevard and asked why is this project just before the City Council now when the project has already been built. There could have been a potential of that property owner selling th at property. Normally the agreement to annex into the district comes along with the development of the project and normally done prior to the property being occupied.

Do you know why it has taken so long to bring this forward? 0o0
Ms. Crow stated she does not know the answer.
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City Manager Fuller stated that we’ve been working to make certain that all the projects were submitted on a timely basis. We have a process in place that now captures all new development projects.
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Mayor Pro Tem Scott stated this development was not captured. We’ve been through this before. He expressed his concerns, and would like to know if there are other properties missed.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 11 TAB 1
Adopt Resolution No. 7979 and Adopt
Resolution No. 7980 Regarding the
Proposed Annexation of Territory to the
Rialto Landscaping and Lighting
Maintenance District No. 2

City Manager Fuller stated no projects have been missed but will confirm with Planning and Engineering staff.
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Mayor Pro Tem Scott stated if another one comes through, he will not vote for it. He doesn’t believe this is the proper way to proceed. We could have had a very negative situation.
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Council Member Trujillo asked why are the images not updated on these public documents.
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Ms. Crow stated the images were retrieved from Google Earth. That was the view at the time of retrieval. I understand there is a development in progress.
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Mayor Pro Tem Scott stated it is not a development in progress.

It’s finished.
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Mayor Robertson stated it is constructed and open.
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Council Member Trujillo emphasized his concerns that the images of the current development are not captured in the public documents.

It is misleading.
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Mayor Robertson stated that the same applies to development 2021-0013. Development and construction is already in place.

She stated the roadway is under the City of Rialto. However, it reflects as Sierra Lakes Parkway. It should read Casmalia Avenue.

I believe there are ballots that need to be opened.
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City Attorney Vail stated there is no ballot on the item, if the City Council will proceed with the two Resolutions in the staff report, it will have to be passed as amended to delete any reference to 2018 -0105. Those will have to come back for a separate process regarding that Item. 0o0
Mayor Robertson asked if that was noted as we went forward into this.

The property owner has had a chance to cast a ballot. Is that what I’m understanding?
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 12 TAB 1
Adopt Resolution No. 7979 and Adopt
Resolution No. 7980 Regarding the
Proposed Annexation of Territory to the
Rialto Landscaping and Lighting
Maintenance District No. 2
City Manager Fuller stated correct.

Mayor Pro Tem Scott asked if they didn’t have an opportunity or they did not cast it?

City Manager Fuller stated we are aware that the ballot is in transit. It was supposed to be delivered by FedEx today. Out of an abundance of caution, what we would request is to move forward with the three that are here with ballots. Continue the hearing with the one PPD and have that ballot opened at the November 15th agenda.
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Mayor Pro Tem Scott asked if we are going to continue with this hearing tonight.
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Mayor Robertson stated I think we should. Unless we are provided a script, this is news to me.
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City Attorney Vail stated the Public Hearing has been held, so you can continue over the new Item. If you want to continue the Hearing open as to just PPD 2018-0105, you can do that also; but that one does need to come back.
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Mayor Robertson asked what is the pleasure of the body, because she will not move. I would rather continue it all to the November 15 th, 2022 agenda.
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Council Member Trujillo asked if it needs to carry over, is there special notification that is required to move forward.
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City Attorney Vail stated if you continue the Hearing open, no. It does not need to be renoticed. If you decide to have a new Public Hearing for just that Item, then it would have to renoticed as required by law for the assessment district.
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Council Member Perez stated the Hearing is now closed.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 13 TAB 1
Adopt Resolution No. 7979 and Adopt
Resolution No. 7980 Regarding the
Proposed Annexation of Territory to the
Rialto Landscaping and Lighting
Maintenance District No. 2
City Attorney Vail stated you can always re-open the Public Hearing as to that Item.
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Mayor Pro Tem Scott expressed his concern that there are projects under construction. I need to publicly for the record that they’ve either voted for it or against it.
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City Attorney Vail stated that we would recommend that you move with three that you do have ballots for and not hold those projects up. I can’t explain why the one ballot hasn’t been received yet.
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Council Member Perez agreed with City Attorney Vail.
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Mayor Robertson asked are we equally aware that another property hasn’t been developed as of yet but we have notices. We have a ballot that has been turned in on everything except PPD 2018 -0105. Is that what we’re saying?
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City Manager Fuller stated correct.
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Mayor Pro Tem Scott I would move that we go forward with the three and hold PPD 2018 -0105 over to the November 15, 2022 City Council meeting.
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Mayor Robertson clarified to separately remove it, hold and continue the Public Hearing for that one Item.
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Mayor Pro Tem Scott stated yes. I don’t know where any of these projects are. I don’t know if these houses started on Sycamore Avenue.

Once they’re sold and occupied, that property owner becomes the voter if this is not approved.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 14 TAB 1
Adopt Resolution No. 7979 and Adopt
Resolution No. 7980 Regarding the
Proposed Annexation of Territory to the
Rialto Landscaping and Lighting
Maintenance District No. 2

Mayor Robertson asked if the City Clerk need to open the ballots before we act on it.
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City Attorney Vail stated before you vote on it, it is the duty to open the ballots and make sure that we have positives on all three. Then we just extract 2018-2105. We’ll hold the Public Hearing open on that Item until the first meeting in November.
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Council Member Trujillo asked if you need a motion to reopen the Public Hearing.
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City Attorney Vail stated Mayor Pro Tem Scott’s motion included holding the Public Hearing open for that which effectively re -opens the Public Hearing just for 2018-0105 until the next meeting.
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City Clerk McGee conducted the special election and read ballots into the record.

LMD 2
PPD 2021-0013: IN SUPPORT

PPD 2021-0011: IN SUPPORT

PPD 2020-0026: IN SUPPORT

City Clerk McGee stated there was 100 percent of the votes. 0o0
Motion by Mayor Pro Tem Scott second by Council Member Perez and carried by a 4-1 vote to reopen the Public Hearing and approve LMD 2 PPD 2020 -0026; 2021 -0013; PPD 2021 -0011; and continue with PPD 2018-0105 until November 15, 2022.

The vote was AYES: Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Perez.

NOES: Mayor Robertson. ABSTAIN: None. ABSENT: None. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 15 TAB 2
Ratify CDBG FY 2021-2022 Annual Action
Plan; Adopt Resolution No. 7981
Approving FY2021-2022 CAPER
Cynthia Alvarado-Crawford, Community Services Director, Request City Council to: (1) Conduct a Public Hearing and Solicit Public Comments from Interested Citizens on the Fiscal Year 2021 -2022 CDBG Consolidated Annual Performance and Evaluation Report (CAPER); (2) Ratify the CDBG Fiscal Year 2021-2022 Annual Action Plan by Increasing the Section 108 Loan Repayment by $56,122.28 to $489,383.28; (3) Adopt Resolution No. 7981 Approving the Fiscal Year 2021-2022 CAPER; and (4) Authorize the City Manager to Submit the Fiscal Year 2021-2022 CAPER to the U.S. Department of Housing and Urban Development (HUD).
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Mayor Robertson asked if anyone wished to speak on the Item. 0o0
Pablo Ramirez, Executive Director Legal Aid Society of San Bernardino.

He spoke on the services their organization provides and the population they serve.
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Mayor Robertson closed the public hearing.
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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.
0o0
Mayor Pro Tem Scott asked about the number of certificates issued by Easter Seals.
0o0
Community Services Director Alvarado -Crawford stated last year was the first year Easter Seals received funding. The agency was not properly trained on the certification forms required. Avant Garde briefed them on certification expectation and were asked to obtain certification forms from their clients and report them to HUD.
0o0
Mayor Pro Tem Scott asked if that is a red flag to HUD. 0o0
Community Services Director Alvarado -Crawford stated they are not based on the number of residents served. When HUD is being asked to reimburse the City for what is being paid to the organizations. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 16 TAB 2
Ratify CDBG FY 2021-2022 Annual Action
Plan; Adopt Resolution No. 7981
Approving FY2021-2022 CAPER
Ms. Montoya with Avant Garde, stated it is not necessarily a red flag.

HUD doesn’t necessarily look at the numbers compared to the amount of funding that is disbursed to the recipient.
0o0
Mayor Pro Te m Scott asked so what is the purpose of certification if HUD does not look at it.
0o0
Ms. Montoya stated HUD reviews it when they monitor it. 0o0
Mayor Pro Tem Scott asked so it is a red flag.
0o0
Ms. Montoya stated it is not a red flag on the HUD report because numbers are based on certifications verified.
0o0
Mayor Pro Tem Scott stated he does not understand the reason behind asking for certifications if they’re not going to be done and HUD does not care. It doesn’t make sense.
0o0
Ms. Montoya stated HUD cares that the certifications are completed and the reason for the two columns in the report. The number of recipients that certifications forms were collected are the only ones reported. 0o0

Mayor Pro Tem Scott asked if it is for last year.
0o0
Ms. Montoya stated correct.
0o0
Mayor Pro Tem Scott asked if there has been an improvement this year. 0o0
Ms. Montoya stated staff have reviewed forms and have had discussions with subrecipients. They will continue to make certain forms are completed.
0o0
Mayor Pro Tem Scott stated he looks forward to the report. 0o0
City Clerk McGee stated if there are questions, the representatives are on Zoom to answer questions.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 17 TAB 2
Ratify CDBG FY 2021-2022 Annual Action
Plan; Adopt Resolution No. 7981
Approving FY2021-2022 CAPER
Mayor Pro Tem Scott stated the Public Hearing is closed. 0o0
Mayor Robertson stated Director Alvarado -Crawford invited all the organizations who have provided services in the past and to find out if we are moving forward and taking action on allocations for the future.

Several are present who are receiving funding.
0o0
Council Member Trujillo requested a sample copy of the certification form to determine what may be impeding the organizations from collecting them.
0o0
Mayor Pro Tem Scott stated there’s only one organization not collecting. 0o0
Council Member Perez stated the organization was not aware that the forms needed to be collected.
0o0
Mayor Robertson stated that upon onboarding, there’s an orientation and a process when receiving funds. I disagree.
0o0
Council Member Trujillo asked if everything on the form is specifically required by HUD.
0o0
Community Services Director Alvarado-Crawford stated yes. The form is not difficult. If an organization comes in mid -year while being administered and the previous organization’s consultant wasn’t going through the process, then forms were not going to get collected. 0o0
Council Member Truji llo clarified that most of the organizations when onboarding were informed of the certification process.
0o0
Community Services Director Alvarado -Crawford stated this year’s onboarding wasn’t through Avant Garde but now they have been briefed.
0o0
Mayor Robertson believed it was LDM before Avant Garde. 0o0
Council Member Trujillo asked if LDM’s records indicate that these organizations were onboarded. I’m trying to clarify the confusion. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 18 TAB 2
Ratify CDBG FY 2021-2022 Annual Action
Plan; Adopt Resolution No. 7981
Approving FY2021-2022 CAPER
Ms. Montoya stated Avant Garde does not have those documents but did reach out to the subrecipients in late October to review agreements and requirements. There was acknowledgement from all of them. The forms are demographic data required to be reported to HUD for these services. Quarterly reports are completed and fill out how many residents are being served but the certification forms were not provided until the monitoring occurred. That’s where the discrepancy arose.

We’re going to be working closely with each subrecipient to make certain documents are collected.
0o0
Council Member Trujillo asked if the outstanding forms will be collected. 0o0
Ms. Montoya stated they will go back to their records to see what can be collected from the families served. For purposes of reporting to HUD, this report is due. Numbers will be reported based on current records. 0o0

Mayor Robertson emphasized by asking what the need in Rialto for this service from Easter Seals is as compared to infant health mortality.

I disagree. These forms are very much required. They are part of the audit process that HUD will come and expect that the people we’ve served with the funds. We can go over and above, but to meet what we say we will do, there’s an expectation that the paperwork is supposed to be there. HUD monitor and audits, and that’s why we turn in a report.

We’re turning in a report that says the documents they need to verify certification for the services we provided a re not there for this organization. And we continue to provide them with the same level of funding that we did the first year.

I’m going to put on record that I’ve been on this committee. This last year was the first time I did not in 20 years. My form er colleague, who is now the Supervisor of our County, knows when we are getting noticed on an audit. That really concerns me.

Is there somebody here for San Bernardino Community Services, because I believe they will not be funded this year.

Somebody here for Equity Community Land Trust? Somebody here for them?
Ms. Alvarado-Crawford indicated that she had invited all of them. I’m surprised one of the ones that we provided some original funds rather substantial to the rest of them did not see courtesy to come. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 19 TAB 2
Ratify CDBG FY 2021-2022 Annual Action
Plan; Adopt Resolution No. 7981
Approving FY2021-2022 CAPER
Community Services Director Alvarado -Crawford stated they’re on Zoom.

She asked City Clerk McGee if they were on Zoom.
0o0
City Clerk McGee emphasized that she has indicated that to the City Council.
0o0
Mayor Robertson stated she is trying to make her point. 0o0
Mayor Pro Tem Scott stated Mayor Robertson is trying to make a point here.
0o0
Mayor Robertson emphasized Easter Seals of Southern California must not be in the immediate proximity of our community that they could not find the time to come here. This is an organization that didn’t start five years ago, and we’re accepting a report that shows they couldn’t find paper certification forms for our community, and they served 135 people who are Rialto residents. And they have 19 certification forms submitted.

If I’m making a point, I hope everybody gets it. The reason we’re giving this money out to assist our residents is so they will serve them whatever that base is and make sure the paperwork is in order so that we will not be in jeopardy of losing the funds.
0o0
Mayor Robertson asked if our report will be sent to HUD and wait for them to respond.
0o0
City Manager Fuller stated correct.
0o0
Motion by Council Member Trujillo , second by Council Member Carrizales and carried by 3-2 vote to Ratify the CDBG Fiscal Year 2021-2022 Annual Action Plan by Increasing the Section 108 Loan Repayment by $56,122.28 to $489,383.28; (3) Adopt Resolution No. 7981 Approving the Fiscal Year 2021-2022 CAPER; and (4) Authorize the City Manager to Submit the Fiscal Year 2021-2022 CAPER to the U.S. Department of Housing and Urban Development (HUD).

The vote was AYES: Council Member Carrizales, Council Member Trujillo, Council Member Perez.

NOES: Mayor Robertson and Mayor Pro Tem Scott, ABSTAIN: None.

ABSENT: None.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 20 TAB 2
Ratify CDBG FY 2021-2022 Annual Action
Plan; Adopt Resolution No. 7981
Approving FY2021-2022 CAPER
Mayor Robertson asked that the City Council be notified when HUD’s report arrives and be notified of their concerns.
0o0

NEW BUSINESS
TAB 3
Adopt Resolution No. 7982 receipt of
Permanent Local Housing Allocation
Program Funds
City Manager Marcus Fuller presented staff report to Request City Council to: (1) Hold a Public Hearing to Consider the 5 -Year Allocation Plan for Use of Permanent Local Housing Allocation (PLHA) Program Funds; (2) Adopt Resolution No. 7982 Authorizing the Submission of an Application For, and Receipt Of, Permanent Local Housing Allocation (PLHA) Program Funds; and (3) Authorize the City Manager to Execute All Documents.
0o0
Mayor Robertson asked if anyone wished to speak on this Item, to please come forward.

She asked City Clerk McGee is anyone wish to speak on this Item. 0o0
City Clerk McGee stated no.
0o0

Motion by Council Member Trujillo, second by Council Member Carrizales and carried by 5-0 vote to close the Public Hearing. 0o0
Mayor Robertson referenced the report and asked if we know how much we will need to support the project. There is a potential housing developer indicating the interest in building that project. 0o0
City Manager Fuller stated correct. We are not committing in this action which project those funds go to. That will be for a separate consideration.
0o0
Mayor Robertson clarified but it is noted in this report as a potential that it can help this particular project.

She expressed her concerns with how to repurpose the funds without having to approve the housing element but begin to take funds that are available from Neighborhood Stabilization Program. It was also determined there was $3 million located.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 21 TAB 3
Adopt Resolution No. 7982 receipt of
Permanent Local Housing Allocation
Program Funds
City Manager Fuller stated there’s $2 million in Housing Authority funds remaining for a future project.
0o0
Mayor Robertson stated those $2 million have been calculated to be applied to the Jackson Street project.
0o0
City Manager Fuller stated no. There’s been no recommendation on those funds for that project.
0o0
Mayor Robertson asked we’ve selected someone but have not been made aware of could possibly be the money made available for that project.
0o0
City Manager Fuller stated based on the direction from the last meeting, we are still working on meeting with that potential housing dev eloper and negotiating the 10-unit project with the NSP funds and looking what the funding gap is for doing two units and bringing it forward for City Council consideration.
0o0
Mayor Robertson stated for the record I would like to have that money to be specifically reallocated to some of the projects that people are already trying to build affordable housing and not just help to make it one particular housing person who happened to be the only person who applied for something. I don’t think there were people interested, but we never seemed to have known we had $2 million dollars.

That is really my concern on this, is exactly what we’re doing and why we want to move forward on it. But we haven’t gotten the housing element and 37 out of 197 cities in our region have not received it.

I don’t know what action we need to take and what we would be allocating that we take away from each funding year to make some dollars available for an affordable housing contractor. 0o0
Council Member Trujillo asked if there was a program that address red tagging that creates situations where people are made homeless. 0o0
City Manager Fuller stated that is what this program would do but have to meet the income qualifications. That would be the top priority for targeting anyone unable to address code violations that are pushing them to be red-tagged and pushed out of their home for that program. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 22 TAB 3
Adopt Resolution No. 7982 receipt of
Permanent Local Housing Allocation
Program Funds
Council Member Trujillo stated typically when homes are red tagged, it is due to wiring and other hazardous items. Will there be any coordination to try to prevent homelessness with those who are high-risk?
0o0
City Manager Fuller stated we need to make certain there is communication among Code Compliance, Building and Economic Development staff when those matters a rise, and situations are being monitored.
0o0
Mayor Robertson referenced the staff report and all the various resources and asked if those resources are currently in place. 0o0
City Manager Fuller stated those resources listed are some of the options that the program can fund.
0o0
Mayor Robertson asked if some funds were going to be allocated towards housing development. Have we started that?
0o0
City Manager Fuller stated we need to take action on the plan then apply for the funds. We don’t have these funds yet.
0o0
Mayor Robertson asked if the money that was found could be allocated towards that.
0o0
City Manager Fuller stated the housing authority funds have to fund construction of new units. He will need to confirm.
0o0
Mayor Robertson asked if that information can be brought back.

She referenced the staff report related to Avant Garde assisting with the PLHA application plan.

Was that part of their scope of duties when hired?
0o0
City Manager Fuller stated no. Avant Garde has experience in this program. Given the short timeframe to prepare to ensure the funds did not lapse, they were asked for assistance in the program. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 23 TAB 3
Adopt Resolution No. 7982 receipt of
Permanent Local Housing Allocation
Program Funds
Mayor Robertson asked is that under your authority to contract with them.
0o0
City Manager Fuller stated yes.
0o0
Motion by Council Member Trujillo, second by Mayor Pro Tem Scott and carried by a 4-1 vote to Adopt Resolution No. 7982 Authorizing the Submission of an Application For, and Receipt Of, Permanent Local Housing Allocation (PLHA) Program Funds; and Authorize the City Manager to Execute All Documents.

The vote was AYES: Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Perez.

NOES: Mayor Robertson. ABSTAIN: None. ABSENT: None. 0o0
TAB 4
Introduce Ordinance No. 1671, Amending
Section 1.14.030 of Chapter of the Rialto
Municipal Code
City Attorney Vail presented staff report to Request City Council to Introduce Ordinance No. 1671, Amending Section 1.14.030 of Chapter

1.14 of the Rialto Municipal Code, Provide First Reading by Title and Waive Further Reading.
0o0
City Clerk McGee read Ordinance 1671 into the record.
0o0
ORDINANCE 1671

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTION 1.14.030 OF CHAPTER 1.14 OF

THE RIALTO MUNICIPAL CODE REGARDING CLAIMS AGAINST
THE CITY AND AUTHORITY OF THE CITY MANAGER.
0o0
Motion by Council Member Perez, second by Council Member Carrizales and carried by a 5-0 vote to Introduce Ordinance No. 1671, Amending Section 1.14.030 of Chapter 1.14 of the Rialto Municipal Code, Provide First Reading by Title and Waive Further Reading.

The vote was AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Perez.

NOES: None. ABSTAIN: None. ABSENT: None.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 24 TAB 5
Approve the Term Sheet with IEUA
Relating to the Long-Term Sale of
Wastewater Effluent for Recycled Water
Purposes
Marcus Fuller, City Manager, Stephen Dopudja , President of Dopudja and Wells, and S hivaji Deshmukh, General Manager with IEUA presented staff report to Request City Council to: (1) Approve the Term Sheet with the Inland Empire Utilities Agency (IEUA) Relating to the Long-Term Sale of Wastewater Effluent for Recycled Water Purposes; and (2) Authorize the City Manager to Execute the Final Agreement with IEUA Consistent with the Term Sheet and All Related Documents. 0o0
Mayor Pro Tem Scott stated he and Mayor Robertson have worked on this project for a long time. This City Council should be proud of the fact we are moving forward with something that other City Councils could never do and haven’t done and finally putting this water to good use.

It’s extremely important from the environmental side of it, that this water is going to be reused in our region. It’s an important project, I’m in full support, and thank you Mr. Dopudja for all your help and IEUA working with us and making this happen. It’s a good partnership between our two agencies, and it will bring value to the City and water value to the region.
0o0
Mayor Robertson stated that this has become a project where it started out with water, and now this water will be reusing repurposing, and recycling to a higher, beneficial use . I want to equal ly commend and applaud IEUA for this effort. It hasn’t been totally easy. There are a lot of other ways that we can start partnership with one another and looking at other projects out of some of the things coming out of here.

Lake Rialto being one of them that made itself above the cut line and is looking to get $2.4 million towards the project.

I have to give credit to Mayor Pro Tem Scott for his full support as well as the City Council.
0o0
Council Member Carrizales stated the community is excited about it and has a positive feedback on it.
0o0
Council Member Trujillo congratulated the team for the project. He’s really glad the City is headed in this direction and looking forward to other projects that will come out of this for the benefit of the City and region.
0o0
Council Perez thanked everyone for their hard work.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 25 TAB 5
Approve the Term Sheet with IEUA
Relating to the Long-Term Sale of
Wastewater Effluent for Recycled Water
Purposes
Motion by Council Member Perez, second by Mayor Robertson and carried by a 5-0 vote t o: (1) Approve the Term Sheet with the Inland Empire Utilities Agency (IEUA) Relating to the Long -Term Sale of Wastewater Effluent for Recycled Water Purposes; and (2) Authorize the City Manager to Execute the Final Agreement with IEUA Consistent with the Term Sheet and All Related Documents.
0o0
Council Member Carrizales left the dais at 8:49 p.m.
0o0
TAB 6
Approve Reimbursement Agreement by
and between City of Rialto and
Lewis-Hillwood Rialto Company, LLC for
cost and preparation and processing to
the Renaissance Specific Plan
Marcus Fuller, City Manager, presented staff report to Request City Council to Approve a Reimbursement Agreement by and between the City of Rialto and Lewis -Hillwood Rialto Company, LLC for the cost of the preparation and processing of an amendment to the Renaissance Specific Plan for a Maximum Cost of $532,140.
0o0

Motion by Mayor Pro Tem Scott, second by Council Member Trujillo and carried by a 4-0 vote t o: (1) Approve the Term Sheet with the Inland Empire Utilities Agency (IEUA) Relating to the Long -Term Sale of Wastewater Effluent for Recycled Water Purposes; and (2) Authorize the City Manager to Execute the Final Agreement with IEUA Consistent with the Term Sheet and All Related Documents.

Council Member Carrizales abstained due to a conflict of interest with his business at the Renaissance Marketplace.
0o0
Council Member Carrizales return the dais at 8:54 p.m.

TAB 7
Construction Contract to PTM General
Engineering Services, Inc., for Ayala
Drive and Fitzgerald Avenue Traffic
Signal and Lighting Improvement Project
Alberto Paiva, City Engineer, presented staff report to Request City Council to 1) Award a Construction Contract to PTM General Engineering Services, Inc. , a California corporation, in the amount of $466,066 for Ayala Drive and Fitzgerald Avenue Traffic Signal and Lighting Improvement Project, City Project No. 190810; and (2) Authorize the City Manager to Execute all Documents.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5 -0 vote to 1) Award a Construction Contract to PTM General Engineering Services, Inc., a California corporation, in the amount of $466,066 for Ayala Drive and Fitzgerald Avenue Tra ffic Signal and Lighting Improvement Project, City Project No. 190810; and (2) Authorize the City Manager to Execute all Documents. 0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 26 TAB 8
Construction Contract to Roadway
Engineering & Construction Corp for
1193 W Merrill Avenue Widening
Alberto Paiva, City Engineer, Request City Council to: (1) Award a Construction Contract to Roadway Engineering & Construction Corp, a California corporation, in the amount of $213,220 for the 1193 W Merrill Avenue Widening, City Project No. 210812; and (2) Author ize the City Manager to Execute all Documents.
0o0
Council Member Trujillo inquired about the bike lane during construction and if the bike lane will conform to the rest of the road. 0o0
Mayor Pro Tem Scott inquired about the bike lane inclusion on Merrill Avenue. What happened to the bike lane?
0o0
City Manager Fuller stated he will have to research that question. 0o0
Mayor Pro Tem Scott stated there’s a grant for it.
0o0
Mayor Robertson stated the bike lane is something we will need to review. There were funds through a grant that was allocated for it. 0o0
Motion by Council Member Carrizales, second by Mayor Pro Tem Scott and carried by a 5 -0 vote to (1) Award a Construction Contract to Roadway Engineering & Construction Corp, a California corporation, in the amount of $213,220 for the 1193 W Merrill Avenue Widening, City Project No. 210812; and (2) Authorize the City Manager to Execute all Documents.
0o0
TAB 9
Construction Contract to Matich
Corporation for the Riverside Avenue
Central Reconstruction Project
Alberto Paiva, City Engineer, presented staff report to Request City Council to: (1) Award a Construction Contract to Matich Corporation, a California corporation, in the amount of $3,961,071 for the Riverside Avenue Central Reconstruction Project, City Project No. 220804; (2) Delegate Authority to the City Manager to Approve Contract Change Orders in the Cumulative Amount of $400,000; and (3) Authorize the City Manager to Execute all Documents.
0o0
Council Member Trujillo asked if recycled material will be used in the project.
0o0
City Engineer Paiva stated no.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 27 TAB 9
Construction Contract to Matich
Corporation for the Riverside Avenue
Central Reconstruction Project
City Manager Fuller clarified the asphalt will be recycled as part of the base.
0o0
Mayor Pro Tem Scott welcomed Mr. Matich back to the City of Rialto.

This completes the entire repave of Riverside Aven ue from the bottom to the top of the City which was desperately needed. I hope the residents take note of that. In a few short months, we will have a new repaved Riverside Avenue.
0o0
Mayor Robertson emphasized the road is not finished especially north of Foothill. She wants the public to know that is not the finished product.

It has been an inconvenience at times, but so sorely needed. She stated she would hope to add concrete roadwa ys in certain streets because they hold up better.
0o0
Mr. Matich responded to Council Member Trujillo’s question. They are using recycled material. Asphalt nowadays contains 25 to 30 percent of recycled material. Most aggregate base is 100 percent recycled material. He thanked for the opportunity to work for the City. 0o0
Motion by Council Member Perez, second by Mayor Pro Tem Scott and carried by a 5 -0 vote to (1) Award a Construction Contract to Matich Corporation, a California corporation, in the amount of $3,961,071 for the Riverside Avenue Central Reconstruction Project, City Project No. 220804; (2) Delegate Authority to the City Manager to Approve Contract Change Orders in the Cumulative Amount of $400,000; and (3) Authorize the City Manager to Execute all Documents.
0o0
TAB 10
Five-year Contractual Agreement for
Continuing Professional Training; Five-
year Contractual Agreement for use of
the Weapons Firing Range Facility
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Approve a Five -Year Contractual Agreement for Trimester Continuing Professional Training for the Fiscal Years 2022/2023 Through 2026/2027; (2) Approve a Five -Year Contractual Agreement for the use of the Weapons Firing Range Facility for the Fiscal Years 2022/2023 Through 2026/2027; and (3) Authorize the City Manager or Designee to Execute all Documents.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 5-0 vote to (1) Approve a Five-Year Contractual Agreement for Trimester Continuing Professional Training for the Fiscal Years 2022/2023 Through 2026/2027; (2) Approve a Five -Year Contractual Agreement for the use of the Weapons Firing Range Facility for the Fiscal Years 2022/2023 Through 2026/2027; and (3) Authorize the City Manager or Designee to Execute all Documents.

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 28 TAB 11
Adopt Resolution No. 7983 Amending
2022-2023 FY Budget; Accept the 2022
BJA-Byrne Discretionary Justice
Assistance Grant Program
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Adopt Resolution No. 7983 Amending the 2022-2023 Fiscal Year Budget; (2) Accept the 2022 BJA -Byrne Discretionary Justice Assistance Grant Program in the Amount of $700,000; and (3) Authorize the City Manager to Execute a Funding Agreement and All Related Documents.
0o0
Council Member Trujillo thanked Congress Member Pete Aguilar for his leadership and work with the Rialto Police Department to make this happen.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 5 -0 vote to: (1) Adopt Resolution No. 7983 Amending the 2022-2023 Fiscal Year Budget; (2) Accept the 2022 BJA -Byrne Discretionary Justice Assistance Grant Program in the Amount of $700,000; and (3) Authorize the City Manager to Execute a Funding Agreement and All Related Documents.
0o0
TAB 12
Appoint a new Ad-Hoc Grants
Subcommittee; Ratify the formation of a
new Ad-Hoc Grants Subcommittee to
Review and Advise on Grant Funding
Applications and Priorities
Tanya Williams, Assistant to the City Manager, presented staff report to Request the City Council to (1) Appoint a new Ad -Hoc Grants Subcommittee and (2) City Council to Ratify the formation of a new Ad- Hoc Grants Subcommittee to Review and Advise on Grant Funding Applications and Priorities.
0o0
Council Member Trujillo stated this was brought about to find ways to think outside the box to bring in more competitive funding to the City of Rialto.
0o0
Mayor Robertson stated there are Federal funds available. She emphasized the need to have the grants come before the City Council before submittal.

Mayor Robertson appoints herself to the Ad-Hoc Grants Subcommittee.

She asked the City Council who would like to serve on the grant committee.
0o0
Mayor Pro Tem Scott nominated Council Member Trujillo to the Ad-Hoc Grants Subcommittee.
0o0

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 29 TAB 12
Appoint a new Ad-Hoc Grants
Subcommittee; Ratify the formation of a
new Ad-Hoc Grants Subcommittee to
Review and Advise on Grant Funding
Applications and Priorities
Motion by Council Member Carrizales, second by Council Member Trujillo and carried by a 5 -0 vote to (1) Appoint Mayor Deborah Robertson and Council Member Rafael Trujillo to the new Ad -Hoc Grants Subcommittee and (2) City Council to Ratify the formation of a new Ad -Hoc Grants Subcommittee to Review and Advise on Grant Funding Applications and Priorities.
0o0
TAB 13
Ratify an Ad-Hoc Subcommittee to
Review and Evaluate Proposals for a
State Lobbyist Firm
Tanya Williams, Assistant to the City Manager, Request that the Mayor Appoint and City Council to Ratify an Ad-Hoc Subcommittee to Review and Evaluate Proposals for a State Lobbyist Firm.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Perez and carried by a 5-0 vote to appoint Mayor Deborah Robertson and Council Member Rafael Trujillo to the Ad-Hoc Subcommittee to Review and Evaluate Proposals for a State Lobbyist Firm.
0o0
TAB 14
Consider and Select the Artificial
Christmas Tree
Cynthia Alvarado -Crawford, Community Services Director , presented staff report to Request City Council to: (1) Consider and Select the Artificial Christmas Tree Solicited Through RFQ 23 -002; and (2) Authorize the City Manager to Proceed with the Purchase of the Selected Christmas Tree.
0o0
Mayor Pro Tem Scott asked if Building and Engineering Departments had been contacted to determine if a permit is needed to install the tree.

Due to the winds, that should happen before installation. 0o0
Community Services Director Alvarado-Crawford stated no she had not. 0o0
Council Member Perez inquired about the decoration specifics on the trees but pointed out her concerns for the high winds.
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Community Services Director Alvarado -Crawford stated the tree company would be very accommodating to the City requests. 0o0
Council Member Carrizales stated he likes Option 1, but first determine what the structural engineering is before selecting. He would like to see images of the tree in the daytime.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 30 TAB 14
Consider and Select the Artificial
Christmas Tree
Mayor Robertson stated considering the economy is going through inflationary times, she doesn’t believe investing almost $100,000 in an artificial Christmas tree at the moment.
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Mayor Pro Tem Scott stated there is not enough time to determine all engineering and building specifications this year.
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Mayor Robertson reiterated there is no need to obtain a $52,000 Christmas tree during this time including the manpower to install the tree.
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Mayor Pro Tem Scott asked if the cost include s the installation and break down of the tree.
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Community Services Director Alvarado-Crawford stated no. 0o0
Mayor Pro Tem Scott stated he has a problem with that.
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Mayor Robertson stated she will defer to the City Council. She didn’t know the dollar amount when it was initiated, but she does not believe the timing is right.
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Council Member Trujillo asked about the light tunnel and its cost. 0o0
Community Services Director Alvarado-Crawford stated she is currently working on the schematics to determine cost and installation. 0o0
Mayor Robertson recommended tabling the Item and get more discussions. What is the pleasure of the group?
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Mayor Pro Tem Scott also recommended to table the Item and regroup, and the timing is bad. The economy is about to get bad. He expressed his concern with the wind load.
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DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – September 27, 2022 Page 31 TAB 14
Consider and Select the Artificial
Christmas Tree
Council Member Carrizales expressed his concerns with the wind load.

There is not enough time to address all the concerns this year. The Item should have come before the City Council months ago.

He recommends discussions with the city departments to determine wind load and select a company that offers warranty.
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The City Council tabled TAB 14.
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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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ADJOURNMENT

Motion by Council Member Trujillo, second by Council Member Perez and carried by a 5 -0 vote to adjourn the City Council Meeting at 10:03 p.m.

The City Council adjourned in memory of:

James Bassett,
Resident and Rialto Educator

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: D3635C12-682D-49C4-A778-AE53812E6FA4

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