Minutes — Rialto City Council, January 10, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, January 10, 2023

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, January 10, 2023.
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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 4:02 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 Rafael Trujillo, Council Member Joe Baca .

Also, present were Acting City Manager Arron Brown, City Attorney Eric Vail and City Clerk Barbara McGee.

City Treasurer Edward Carrillo was absent.
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CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Five (5) Matters:
(1) Shawn Fallah et al., v. Alexander Tamayochimal,
City of Rialto, et al.

Case No. CIVSB 2103383

Case No. CIVSB 2108776

(3) Esteban Hernandez v. City of Rialto et al.,
Case No. USDC 5-22-cv-01807-SSS-SP

(4) Advocates for the Environment v. City of Rialto,
QR Birtcher Willow Ave, Owner LLC.,
Case No. CIVSB 2222896

(5) H&H General Contractors, et al v. City of Rialto et al., Case No. CIVSB 2220213

2. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: (4) matters:

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Ayala Drive/Miro Way; APNs 0264-211-15,
0264-212-12, -17, -30, -44, -45, -46, and -54
City/Agency Negotiator: City Manager Marcus Fuller;
Assistant City Manager Arron Brown, City Attorney Eric Vail Negotiating Parties: City of Rialto/Successor Agency;
unspecified potential buyers
Under Negotiation: Price and Terms Sale

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 136 S. Riverside Drive
City Negotiator: City Manager Marcus Fuller;
Assistant City Manager Arron Brown, City Attorney Eric Vail Negotiating Parties: City of Rialto; unspecified potential buyers Under Negotiation: Price and Terms Sale

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: City Attorney
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CLOSED SESSION

Motion by Council Member Trujillo and second by Council Mem ber Carrizales and carried by a 5-0 vote to go into Closed Session at 4:05 p.m.
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The City Council returned from Closed Session at 6:39 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:50 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Ed Scott , Council Member Rafael Trujillo , Council Member Andy Carrizales and Council Member Joe Baca.

Also, present were Acting City Manager Arron Brown , City Attorney Eric Vail , City Treasurer Edward Carrillo, and City Clerk Barbara McGee.
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Pledge of Allegiance and
Invocation
Council Member Andy Carrizales led the pledge of allegiance. 0o0
Pastor Harry Bratton – Greater Faith Grace Bible Church gave the Invocation.
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1. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Five (5) Matters:
(1) Shawn Fallah et al., v. Alexander Tamayochimal,
City of Rialto, et al.

Case No. CIVSB 2103383

(2) Regina Taylor v. City of Rialto, et al.

Case No. CIVSB 2108776

(3) Esteban Hernandez v. City of Rialto et al.,
Case No. USDC 5-22-cv-01807-SSS-SP

(4) Advocates for the Environment v. City of Rialto,
QR Birtcher Willow Ave, Owner LLC.,
Case No. CIVSB 2222896

(5) H&H General Contractors, et al v. City of Rialto et al., Case No. CIVSB 2220213
The City Council had discussion with legal counsel and gave direction, but 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: (4) matters:

The City Council handled one of the anticipated litigation items, gave direction to the City Attorney. There was no reportable action on the Item.

The remaining three matters will be held at the end of the regular session, and it will be decided if they will be handled.

The Item will be held over until the end of the regular meeting.

5. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford
Employee Organizations:
· Executive Management Team
· Management Unrepresented 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

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: City Attorney
The Items will be held over until the end of the regular meeting.

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PRESENTATION AND

PROCLAMATIONS
None.

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ORAL COMMUNICATIONS Michelle Sanchez addressed the City Council related to the signatures collected on a previous City Council TAB Item, warehouse project. She clarified that out of the 600 signatures collected, 29 were nonresidents, but are active members in the Rialto community.
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She also asked if the City Council can investigate into hiring more code enforcement staff.
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Council Member Baca asked Ms. Parker to report the issues to code enforcement, so they know where to respond and inform the City if matters have not been resolved.
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City Council to Consider removing or
continuing any items on the agenda Mayor Robertson asked to pull Item. F. 2 and be presented to the public.

Mayor Robertson abstained from Warrant Resolution No. 24 (12/15/2022) Voucher No. 22 7792 and Warrant Resolution No. 25 Voucher No. 227949 made out to the National Council of Negro Women for a total of $6,428.97.
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Council Member Trujillo asked F.5 to be pulled for discussion. 0o0
Council Member Carrizales is requesting E.2 be pulled for discussion. 0o0
Mayor Pro Tem Scott requested F.2 and F.5 be pulled for discussion. 0o0
Council Member Baca is requesting F.7 to be presented.
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He wants to be assured City projects are not left behind. 0o0
Mr. Cervantes stated the City is currently working on moving projects forward and the 1193 Merrill Avenue, the cemetery project is in construction, and Cactus is almost completed. Remaining projects are almost completed and making progress.
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Mayor Pro Tem Scott emphasized this is a 2017 project but is concerned why the project has been stagnant. He is glad it is moving forward and thanked Mr. Cervantes and commended the Public Works Department. 0o0
Council Member Baca commended the Public Work Departments for moving the projects forward but emphasized that at the time, the City was under a different administration and change in staffing and that should be recognized.
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F.7
Approve Professional Services Agreement
with Arc Strategies for State Lobbyist
Services
Tanya Williams, Assistant to the City Manager, presented information on Item F.7 before the City Council.
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Council Member Baca asked for more information from Arc Strate gies on what their services will entail and how the City will benefit. 0o0

Amy Brown with Arc Strategies stated that they will be working with legislative leaders and delegation to arrange certain projects for funding.

They will work with the City Council and its delegation to not only assist with general fund augmentation as well as gra nt-funding opportunities in State -wide association, agencies, commissions, and boards for diverse projects. They will be the City’s voice and advocates in Sacramento to make certain projects are elevated to ensure the City receives the necessary funding for its district projects. 0o0
Council Member Baca stated he believes the City can send different department heads to lobby on behalf of the City. He has access to the Assembly and Senate floor to lobby. Assembly Member James Ramos is the only representative to lobby. The City does not have a Senator. 0o0
Amy Brown with Arc Strategies stated it is important when to make those connections. They will know when to make the phone calls. 0o0
Council Member Baca stated he will know what the RFP requirements are, and which departments need to be contacted to Members of the City Council can attend.
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Mayor Robertson stated she appreciates Council Member Baca’s enthusiasm and skill set.
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Council Member Trujillo stated every City is funded differently.

He stated the City is at crossroads with the online sales tax funding, and this would be a way to protect the City on this subject and any other topic it may impact Rialto than other cities. It’s an investment to assist with the legislative component.
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Council Member Baca asked if the National League of Cities can assist. 0o0
Mayor Robertson stated the National League of Cities assist with national matters.

She spoke on the reasons for contracting lobby services and a brief history behind it. She is glad the decision was made, an d it need s to move forward. The City Council has access to the Assembly Member, but the City has to assist the Member to what is in the best interest of Rialto. The City plans on submitting legislation, and a team will be needed to help to structure, vet it, and inform the City the reality of how it can move.
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Council Member Baca stated he carried the legislation in Congress allowing the transformation of the airport that allowed for the Renaissance to be built. The timing is not right. The City does not have a State Senator for two years. The lobby needed wi ll only be with one Member of the State Legislature representing Rialto by Assembly Member James Ramos. The entire City Council has a responsibility to build relationships with every legislat or. He believes $75,000 is an excess amount of funds to contract lobbying services at this point in time.
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Public Comment Lupe Camacho addressed the City Council related to Item F.2 asking the City Council to require staff to provide plans for when authorization for bid is being requested.
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Mayor Robertson appreciated Ms. Camacho’s point. She reminded the public that should anyone be interested in bidding on a project to make certain they are within the Planetbid system within the City. 0o0
CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 24 (12/15/2022)
B.2 Warrant Resolution No. 24a (12/15/2022)
B.3 Warrant Resolution No. 25 (01/05/2023)

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

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D. CLAIMS AGAINST THE CITY
D.1 Bailey Stark - Vehicle Damage
D.2 Guillermina Negrete Mendez - Vehicle Damage
D.3 Eric Alexander Mendoza - Vehicle Damage

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E.2 Request City Council to Set a Public Hearing for January 24, 2023, to Consider Extending an Interim Urgency Ordinance to Restrict Truck Traffic on Certain Segments of City Roadways Proposed to be Decommissioned as Truck Routes.

E. 3 Request City Council Set a Public Hearing for January 24, 2023, to consider extending an Interim Urgency Ordinance prohibiting the establishment and/or expansion of outdoor storage uses for trailers and/or truck yard uses in the City of Rialto except as otherwise provided by law.
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F. MISCELLANEOUS
F.1 Request City Council to Adopt by Second Reading ORDINANCE NO.1676 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE
NO. 2022-0001 TO CHANGE THE ZONING DESIGNATION OF
APPROXIMATELY 101.7 ACRES OF LAND (APNS: 0264-191-02,
-04, -13, & -14 AND 0264-201-08, -25, -27, -28, -29, -30, & -31)

GENERALLY LOCATED EAST OF EUCALYPTUS AVENUE,
SOUTH OF THE SR -210 FREEWAY, WEST OF MERIDIAN

AVENUE, AND NORTH OF WALNUT AVENUE FROM A MIX OF
SINGLE-FAMILY RESIDENTIAL (R-1A) AND COMMERCIAL

MANUFACTURING (C -M) TO PEPPER AVENUE SPECIFIC
PLAN.

F.2 Request City Council to Authorize the Release of Request for Bids No. 23-011 for the Raised Median Island Improvements on Baseline Road between Willow Avenue and Meridian Avenue, Federal Project No. HSIP 5205-027, City Project No. 170812.

F.3 Request City Council to: (1) Adopt Resolution No. 8029 Amending the 2022-2023 Fiscal Year Budget; (2) Approve the California Highway Patrol “Every 15 Minutes” Education Grant Agreement in the Amount of $9,999.99 for an Event at Eisenhower High School; (3) Approve the California Highway Patrol “Every 15 Minutes” Education Grant Agreement in the Amount of $9,999.99 for an Event at Carter High School; and (4) Authorize the City Manager or Designee to Execute All Documents.

CONSENT CALENDAR

F.4 Request City Council to: (1) Adopt Resolution No. 8030 Amending the 2022-2023 Fiscal Year Budget and Amending the Capital Improvement Program to Add “J&K Auto Body Demolition, City Project No. 230205; and (2) Authorize the Release of Request for Bids No. 23 -028 for the &K Auto Body Demolition, City Project No. 230205.

F.5 Request City Council to Authorize the Release of Request for Bids No. 23-027 for the Class II Bike Lanes on Merrill Avenue and Riverside Avenue, Federal Project No. HSIP 5205 -024,
City Project No.170813.

F.6 Request City Council to: (1) Approve the Landscape Maintenance Agreement with SREF 2020, LLC and; (2) Authorize the
City Manager to Execute All Documents.

F.7 Request the Council to (1) Approve a Professional Services Agreement with Arc Strategies for State Lobbyist Services in the amount of $75,000 for a 1 Year Term, and (2) Authorize the City Manager to execute all documents.

F.8 Request City Council Review and Approve the Parks, Recreation & Community Services Refund Policy for Park Shelter Rentals.

F.9 Request City Council adopt Resolution No. 8031 Amending the FY 2022-23 Budget in the amount of $10,300 to accept grant funding from the Kaiser Foundation Hospitals Community Benefit Grant for the Healthy Rialto Nutrition Program 2023.

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. 0o0
Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 5-0 vote to adopt the Consent Calendar with the exception of Item F. 7 and the following notations:

Motion by Council Member Trujillo, and second by Mayor Robertson and carried by a 4-1 vote to approve Item F.7 on the Consent Calendar to (1) Approve a Professional Services Agreement with Arc Strategies for State Lobbyist Services in the amount of $75,000 for a 1 Year Term, and (2) Authorize the City Manager to execute all documents.

Council Member Baca voted no.
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PUBLIC HEARING
TAB 1
Public Hearing Regarding the Proposed
Annexation to Territory to the
Landscaping and Lighting Maintenance
District No. 2; Adopt Resolution No.
8032; Adopt Resolution 8033
Amy Crow, Administrative Analyst , presented staff report to Request City Council to: (1) Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; (2) Request City Council to Adopt Resolution No. 8032 Declari ng the Results of the Property Owner Protest Ballot 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; an d (3) Request City Council to Adopt Resolution No. 8033 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Asse ssment 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 wished to speak.
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City Clerk McGee stated no.
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Motion by Council Member Trujillo, second by Council Member Baca and carried by a 5-0 vote to close the Public Hearing.
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City Clerk read the ballots into the record.
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LMD No. 2 PPD 2020-0015: In Support
LMD No. 2 PPD 2411: In Support
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Motion by Council Member Trujillo second by Mayor Pro Tem Scott and carried by a 5 -0 vote to Adopt Resolution No. 8032 and Resolution No. 8033.
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PUBLIC HEARING
TAB 2
Appeal of the Planning Commission’s
Decision on November 9, 2022

Paul Gonzalez , Community Development Manager, presented staff report to Request City Council to Continue the Public Hearing to the January 24th, 2023, City Council meeting, for the Appeal of the Planning Commission’s Decision on November 9, 2022, Approving Conditional Development Permit (CDP) No. 2021-0047 and Precise Plan of Design (PPD) No. 2021 -0061 for the development of a 62,248 square foot industrial warehouse building on 2.84 acres of land (APN: 1133-081-01 & 1133-081-02) located on the southwest corner of Locust Avenue and Stonehurst Drive within General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and to consider Resolution No. 8034 denying appellant’s appeal.

NEW BUSINESS
TAB 3
Introduce Ordinance No. 1675, Amending
Section 2.52.020, 2.52.030, and 2.52.50 of
the Rialto Municipal Code, Provide First
Reading; Approve the Operation,
Management and Maintenance of the
Rialto Cemetery by Community Services
and Park & Recreation Department
Arron Brown, Acting City Manager, presented staff report to Request City Council to (1) Introduce Ordinance No. 1675, Amending Sections

2.52.020, 2.52.030, and 2.52.050 of the Rialto Municipal Code, Provide First Reading by Title and Waive Further Reading; and (2) Approve the Operation, Management and Maintenance of the Rialto Cemetery by the Community Services, Parks & Recreation Department.
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Public Comment Lupe Camacho addressed the City Council to ask for justification in the changes made to the Rialto Cemetery management.
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Acting City Manager Brown stated there was a City goal to move the cemetery services to Parks & Recreation Department to facilitate the process. This is the last stage in the intent.
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Council Member Baca stated he has no problem with the proposal.

He asked if more staff will be added to the Parks and Recreation Department. He wants to make certain the department is not short-handed with more responsibilities.
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DocuSign Envelope ID: 028437AD-557D-4E2D-B74B-6BC143CE9E4A ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 10, 2023 Page 15 TAB 3
Introduce Ordinance No. 1675, Amending
Section 2.52.020, 2.52.030, and 2.52.50 of
the Rialto Municipal Code, Provide First
Reading; Approve the Operation,
Management and Maintenance of the
Rialto Cemetery by Community Services
and Park & Recreation Department
Community Services Director Alvarado-Crawford stated the Parks Division currently maintains the burial and is groundskeeper for the cemetery. Additional task s would include scheduling the burials and meeting with families.
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Council Member Trujillo asked if the pavement would be maintained on the premises.
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Community Services Director Alvarado-Crawford stated our department does not maintain pavements but will submit work orders to Facilities and Maintenance Department if necessary.
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Acting City Manager Brown stated he will make certain it will not fall into its previous condition.
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Council Member Trujillo stated the previous budget designation was under a “independent parking lot” area and not under any specific department which caused its lack of maintenance.
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Acting City Manager Brown stated he will make certain that is reflected in the Maintenance & Facilities Department in the budget moving forward.
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Director of Maintenance & Facilities Sullivan stated after the irrigation project, there are plans to repave the cemetery. Maintenance will then become easier.
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Council Member Trujillo asked which department that would be designated under.
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Director of Maintenance & Facilities Sullivan stated their department would assist with ongoing maintenance.
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Council Member Trujillo asked if the budget item would be pushed through for those purposes.
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Director of Maintenance & Facilities Sullivan stated whichever budget it falls, they will be accounted for.
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DocuSign Envelope ID: 028437AD-557D-4E2D-B74B-6BC143CE9E4A ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 10, 2023 Page 16 TAB 3
Introduce Ordinance No. 1675, Amending
Section 2.52.020, 2.52.030, and 2.52.50 of
the Rialto Municipal Code, Provide First
Reading; Approve the Operation,
Management and Maintenance of the
Rialto Cemetery by Community Services
and Park & Recreation Department
Mayor Robertson agreed with Council Member Trujillo and stated the cemetery has to be on a maintenance schedule as a Capital Improvement Project.
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Mayor Pro Tem Scott stated that streets have been repaved but failed to slurry fill it and maintain it. The City has to improve its street maintenance schedule on all its street.
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Acting City Manager Brown stated that so long as he remains in authority, he will be involved in the budget and make certain to include City Council’s directions and recommendations and be ready for approval.
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Motion by Council Member Trujillo and second by Council Member Carrizales and carried by a 5 -0 vote to (1) Introduce Ordinance No. 1675, Amending Sections 2.52.020, 2.52.030, and 2.52.050 of the Rialto Municipal Code, Provide First Reading by Title and Waive Further Reading; and (2) Approve the Operation, Management and Maintenance of the Rialto Cemetery by the Community Services, Parks & Recreation Department.
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The City Clerk McGee read the Ordinance No. 1675 into the record. 0o0
ORDINANCE NO. 1675

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTIONS 2.52.020, 2.52.030, AND

2.52.050 OF THE RIALTO MUNICIPAL CODE REGARDING THE
RIALTO CEMETERY.
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Motion by Council Member Trujillo, second by Counc il Member Carrizales and carried by a 5-0 vote to approve Ordinance No. 1675.

The vote was AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Carrizales, Council Member Trujillo, Council Member Baca NOES: None. ABSTAIN: None. ABSENT: None.
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NEW BUSINESS
TAB 4
Approve Purchase, Installation and
Warranty of 22 Vigilant L5F Cameras;
Approve Five-Year Agreement with
Vigilant Solutions, LLC;
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Approve the Purchase, Installation and Warranty of 22 Vigilant L5F Cameras for the Amount of $293,445.62, (2) Approve Five -Year Contractual Agreements with Vigilant Solutions, LLC for Fiscal Years 2021/2022 Through 2026/2027 at an Annual Cost of $28,175.00 for the Investigative Data Platform and Camera License Key (CLK) Fees, and (3) Authorize the City Manager or Designee to Execute All Documents. 0o0
Mayor Pro Tem Scott thanked Police Chief Kling and the Rialto Police Department for the Pacifica Properties matter. There are now cameras installed in the former K-Mart parking lot and appreciates Pacifica Properties for carrying that forward.
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Police Chief Kling stated Sergeant Palmer and Lieutenant Nelson were instrumental in the Pacifica Properties project.
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Council Member Baca stated he is glad with new technology in public safety. The City needs to upgrade their system to ensure the public is a lot safer.
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Motion by Council Member Baca, second by Council Member Carrizales and carried by a 5-0 vote to (1) Approve the Purchase, Installation and Warranty of 22 Vigilant L5F Cameras for the Amount of $293,445.62, (2) Approve Five-Year Contractual Agreements with Vigilant Solutions, LLC for Fiscal Years 2021/2022 Through 2026/2027 at an Annual Cost of $28,175.00 for the Investigative Data Platform and Camera License Key (CLK) Fees, and (3) Authorize the City Manager or Designee to Execute All Documents.
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TAB 5
Approve the Purchase of One Wheelchair
Accessible Van and One Standard
Passenger Van from A-Z Bus Sales, Inc.

Cynthia Alvarado-Crawford, Director of Community Services, presented staff report to Request City Council to: (1) Approve the Purchase of One Wheelchair Assessable Van and One Standard Passenger Van From A-Z Bus Sales, Inc. in the amount of $144,368.83; and (2) Authorize the City Manager to execute all Related Documents.
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Mayor Pro Tem Scott asked if anyone wished to speak.
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City Clerk McGee stated no.
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Council Member Trujillo asked if the current purchase of vehicles was because the existing vehicles could not be used.
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DocuSign Envelope ID: 028437AD-557D-4E2D-B74B-6BC143CE9E4A ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 10, 2023 Page 18 TAB 5
Approve the Purchase of One Wheelchair
Accessible Van and One Standard
Passenger Van from A-Z Bus Sales, Inc.

Community Services Director Alvarado-Crawford stated the department requires the purchase of vehicles. There are CIP purchases and program maintenance and operations of the grant program itself. The current vans are not suitable for the transportation pr ogram being offered through the grant.
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Council Member Trujillo asked if there are any plan s for the existing vans.
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Community Services Director Alvarado -Crawford stated existing vans are used for special events and another to transport teams for field trips or mobile recreation at the parks. The grant’s requirement was the purchase of these transportation vehicles to be used for the purpose of this program.
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Council Member Trujillo stated it’s a City initiative partnering with Omnitrans to provide transportation for senior citizens. 0o0
Community Services Director Alvarado-Crawford stated senior citizens can secure transportation to the Senior Center. This program’s focus is transportation for medical and grocery shopping needs.
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Mayor Pro Tem Scott asked why Omnitrans didn’t require electric vehicles.
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Community Services Director Alvarado-Crawford stated the initial grant proposal submission was an electric vehicle. The one -year delay in receiving an electric vehicle would mean losing funds if purchase was not made within the first year.
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Mayor Robertson thanked Ms. Alvarado -Crawford and the Community Services Department. She is glad the City was able to receive the grant to allow Rialto seniors more mobility. This is long overdue and is happy it is coming on board.
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Motion by Mayor Robertson, and second by Council Member Trujillo and carried by a 5-0 vote to (1) Approve the Purchase of One Wheelchair Assessable Van and One Standard Passenger Van From A-Z Bus Sales, Inc. in the amount of $144,368.83; and (2) Authorize the City Manager to execute all Related Documents.
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Alberto Paiva, City Engineer, presented staff report to Request City Council to: (1) Adopt Resolution No. 8035 Amending the 2022-2023 Fiscal Year Budget and Amending the Capital Improvement Program to Add “Traffic Signal Modi fication and Median Reconfiguration at Riverside Avenue and Senior Way, City Project No. 230806;” (2) Award a Construction Contract to California Professional Engineering, Inc., a California corporation, in the amount of $962,221; and (3) Authorize the City Manager to Execute all Documents.
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Mayor Pro Tem Scott asked if this would be coordinated with the shopping center and open on time without any issue.
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City Engineer Paiva stated that is what we understand.
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Mr. Cervantes stated that is accurate. There is a delay in the poles, but it should be received later in the month.
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Mayor Robertson expressed her concern with the number of traffic signals from San Bernardino Avenue to Valley Boulevard. She requested to see the design to make certain everything is synchronized. 0o0
Mayor Pro Tem Scott emphasized that he wanted to make certain there were plenty of left-turn pockets.
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Mayor Robertson stated there already is a lot of activity without the opening of the Marketplace. It needs to be monitored to make certain it is synchronized.
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City Engineer Paiva stated the city traffic engineer is diligently working on the synchronization. An update will be provided at a later date.

It has been a request by the Transportation Commission. 0o0
Mayor Robertson stated her comment s were in an abundance of caution. It’s good progress but it’s also congestion.
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Council Member Carrizales asked if it’s been considered how long it takes a senior citizen to cross the intersection as it relates to sensors. 0o0

City Engineer Paiva stated the traffic engineer is currently working on it.

He stated he is new to the project and becoming familiar with it. Some cameras are controlled by the loop signal and the timing. He will provide a response at the next meeting.
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Council Member Carrizales stated there are sensors that can be installed on each side of the intersection. There is a big difference between a pedestrian walking assisted with a device versus unassisted.

It can be a 15 -25 second difference. Ther e are devices that sense for that, and he requests the City explore that option.
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Mr. Cervantes stated there is a balancing act as it relates to timing and pedestrian crossing. If the pedestrian crossing time is extended, it will cause vehicle congestion.
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Council Member Carrizales stated he personally witnessed a senior pedestrian struggling to cross the intersection. He is requesting that a sensor device be explored at this intersection so as to identify when pedestrians are crossing with assisted devices. He appreciates all the other traffic concerns, but this cannot be ignored.
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Mayor Robertson agreed with Council Member Carrizales. This cannot be ignored.
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Acting City Manager Brown stated they will certainly explore those options.
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Council Member Baca stated it should also be extended to people with disabilities.
0o0
Motion by Council Member Baca, second by Council Member Carrizales and carried by a 5 -0 vote to (1) Adopt Resolution No. 8035 Amending the 2022-2023 Fiscal Year Budget and Amending the Capital Improvement Program to Add “Traffic Signal Modification and Median Reconfiguration at Riverside Avenue and Senior Way, City Project No. 230806;” (2) Award a Construction Contract to California Professional Engineering, Inc., a California corporation, in the amount of $962,221; and (3) Authorize the City Manager to Execute all Documents. 0o0

Mike Orona, Deputy Director of Maintenance & Facilities, presented staff report to Request City Council to: (1) Approve the Purchase of Three Off-road Caterpillar Tractors and One Massey Ferguson Tractor from Quinn Company in the amount of $499,352.84; and (2) Authorize the City Manager to Execute All Documents.
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Mayor Pro Tem Scott asked if tractors were electric.
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Deputy Director of Maintenance & Facilities Orona stated no they are not. They are Tier4 Diesel.
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Council Member Trujillo asked if local vendors were found. 0o0
Deputy Director of Maintenance & Facilities Orona stated local vendors are given preference. Quinn Company was the nearest dealership found. They are located in Riverside.
0o0
Motion by Mayor Pro Tem Scott, second by Council Member Baca and carried by a 5 -0 vote to (1) Approve the Purchase of Three Off -road Caterpillar Tractors and One Massey Ferguson Tractor from Quinn Company in the amount of $499,352.84; and (2) Authorize the City Manager to Execute All Documents.
0o0
TAB 8
Adopt Resolution No. 8036 ending
moratorium on water disconnections and
late penalties for water and wastewater
accounts that are in arrears in accordance
with Senate Bill 998 and City Council
Resolution 7591; Adopt RUA Resolution
No. 01-23

Toyasha Sebbag, Assistant to the City Manager, presented staff report to Request City Council/Rialto Utility Authority Board 1) Adopt City Resolution No.8036 ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective February 1, 2023; and 2) Adopt RUA Resolution No. ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective February 1, 2023. 0o0
Mayor Robertson left the meeting at 8:27 p.m.
0o0
Mayor Pro Tem Scott conducted the meeting.
0o0

Mayor Pro Te m Scott stated the City has an obligation to protect the residents and also a responsibility to the water agency to keep it solvent.

The City is in danger of solvency with the water agency due to the $2 million deficit. He is recommending the m oratorium be lifted.

He proposes once the moratorium is lifted, a committee composed of City and Veolia staff to individually review that has a nyone with a real, legitimate hardship that needs assistance and find a way to assist through payment deferments or alternative payment schedule needed.

It’s important the City be involved with RWS, Veolia in that situation.

The moratorium needs to be lifted to try to recoup the revenues short. 0o0
Council Member Trujillo asked if Robert is in the audience. 0o0
Ms. Sebbag stated Peter is in the audience.
0o0
Council Member Trujillo stated his idea was that once the moratorium concluded, the residents would depend on the programs. He envisioned the conclusion of the moratorium differently. He imagined the CARE Programs; Utility Assistance Program being aligned with the end of the moratorium. There was no clear response from RWS with regard to that.
0o0
Ms. Sebbag stated the re commendation by Mayor Pro Tem Scott is to meet with RWS staff daily regarding the decisions made. There is always a way to assist. The funding that was initially offered is no longer available. The low -income household water assistance program and CDBG-CV funds is still available.
0o0
Council Member Trujillo stated the vision did not coincide with what he had in mind, and wished Robert with RWS was present to explain. He had anticipated the end of the moratorium while assistance programs still available.
0o0
Peter Luchetti, with RWS , stated that RWS and a City are in a partnership. The aid programs were administered by the City.

Correspondence was sent to residents who were in arrears. There was an exhausted effort to communicate to the public. After repeated efforts, unsuccessful attempts have been made to have individuals participate in the program s. Over 1000 calls were made and half hung up after finding out their water would not be shut off. RWS staff would be delighted to help. It does not make sense so many people in the community not respond to their calls.
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DocuSign Envelope ID: 028437AD-557D-4E2D-B74B-6BC143CE9E4A ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 10, 2023 Page 23 TAB 8
Adopt Resolution No. 8036 ending
moratorium on water disconnections and
late penalties for water and wastewater
accounts that are in arrears in accordance
with Senate Bill 998 and City Council
Resolution 7591; Adopt RUA Resolution
No. 01-23

Council Memb er Carrizales asked if it were feasible to provide a 10 percent discount incentive to those who are in arrears to begin having the funds come through.
0o0
Ms. Sebbag stated that is something that could be looked into to determine how the difference in the discount would be funded. Per water codes, discount rates are not allowed without additional funding in place. Staff will review that option.
0o0
Council Member Baca stated a better form of communication needs to be developed to make certain they are informed of the situation. Every means possible needs to be explored including informing seniors that they could be eligible for a senior discount. C ommunication needs to be done more efficiently informing them of other alternatives. Additional State or Federal assistance should be explored to address the deficit. 0o0
Acting City Manager Brown stated Ms. Sebbag will be the first member in that committee.
0o0
Mayor Pro Tem Scott believed it needs to move forward.
0o0
Council Member Carrizales moved for approval.
0o0
Mayor Pro Tem Scott asked if it was to lift the moratorium also. 0o0
Council Member Carrizales stated yes.
0o0
Mayor Pro Tem Scott asked if there was a second motion. 0o0
City Attorney Vail stated he heard in the motion to create a committee.

He asked if there was a consensus on the 10 percent discount. There has to be a funding source outside of the water and sewer. 0o0
Council Member Carrizales stated 10 percent is only suggested if it made financial sense.
0o0
Mayor Pro Tem Scott asked if he agreed to have the 10 percent discount reviewed and, if possible, implemented.

Council Member Carrizales stated he agrees if it’s feasible and would help to pay fees sooner. If it does not, he still moves for approval. 0o0
Acting City Manager Brown asked if waiving late charges is a possibility if fees are paid within a certain timeframe.
0o0
Ms. Sebbag stated as part of the moratorium, all disconnection and late fees were ceased. They are not queued up. This resolution would begin to accumulate late fees in February. Waiving their late fees is a possibility.
0o0
Acting City Manager Brown suggested if fees are paid within the 60 days, late fees will be waived.
0o0
Mayor Pro Tem Scott asked if the moratorium is lifted, can a report be generated by the end of February to determine if there needs to be another course of action before April cutoffs.
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Ms. Sebbag stated definitely.
0o0
Council Member Carrizales agreed with Mayor Pro Tem Scott.

The review in February only applies if it makes financial sense and legal.

Hoping the incentive gets everyone caught up.
0o0
Motion by Council Member Carrizales, second by Mayor Pro Tem Scott and carried by a 4-0 vote to 1) Adopt City Resolution No.8036 ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 effective February 1, 2023; and 2) Adopt RUA Resolution No. 01-23 ending the moratorium on water disconnections and late penalties for water and wastewater accounts that are in arrears in accordance with the provisions set forth in the Water Shutoff Protection Act (Senate Bill 998) and City Council Resolution 7591 e ffective February 1, 2023 to includ e assigning a Committee, to decide on a discount or late fee waiver, and the review at the end of February.

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

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

Mayor Robertson was absent.
0o0
OPEN SESSION The City Council returned from Closed Session with four members present at 10:18 p.m.
0o0
City Attorney’s Report on
Closed Session

5. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: 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

The City Council was briefed, but there is no reportable action. The City Council concurred Arron Brown as Acting City Manager.

The designation authority is for two weeks until end of the next regular City Council meeting on January 24, 2023.

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Positions: City Attorney
The Item was concluded. There is no reportable action. 0o0

ADJOURNMENT

Motion by Council Member Baca, second by Council Member Trujillo and carried by a 4-0 vote to adjourn the City Council Meeting at 10:19 p.m.

Mayor Robertson was absent.

The City Council adjourned in memory of:

Chuck Skaggs,
Retired Rialto Fire Chief

Debra Smith Gilbert
Daughter -in-law of
Rialto Commissioners Artist & Joanne Gilbert

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 028437AD-557D-4E2D-B74B-6BC143CE9E4A

Rialto City CouncilJanuary 10, 2023

Rialto City Council
January 10, 2023