Minutes — Rialto City Council, March 14, 2023

REGULAR MEETING
of the

CITY OF RIALTO

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

MINUTES
Tuesday, March 14, 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, March 14, 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 Pro Tem Carrizales called the meeting to order at 5:01 p.m. 0o0
The roll was called, and the following were present: Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, Council Member Rafael Trujillo, and Council Member Joe Baca. Also, present were Acting City Manager Arron Brown, City Attorney Eric Vail, and City Clerk Barbara McGee.

Mayor Deborah Robertson and City Treasurer Edw ard Carrillo w ere absent.
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CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –

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

CLOSED SESSION

2. CONFERENCE WITH LABOR NEGOTIATOR
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 0264-211-15, 0264-211-20, 0264-212-12, 0264-212-17, 0264-212-30, 0264-212-44, 0264-212-45, 0264-212-46 and
0264-212-54)
Agency Negotiator: Acting City Manager Arron Brown;
City Attorney Eric Vail.

Negotiating Parties: City of Rialto, City of Rialto as
Successor Agency; unspecified potential buyers
Under Negotiation: Price and Terms Sale
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Motion by Council Member Trujillo and second by Council Member Scott and carried by a 4-0 vote to go into Closed Session at 5:09 p.m.

Mayor Robertson was absent.
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Mayor Robertson arrived at 5:11 p.m.

The City Council returned from Closed Session at 6:47 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:48 p.m. 0o0
OPEN SESSION The roll was called, and the following were present: Mayor Deborah Robertson, Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, Council Member Rafael Trujillo , and Council Member Joe Baca.

Also, present were Acting City Manager Arron Brown, City Attorney Eric Vail, City Clerk Barbara McGee, and City Treasurer Edward Carrillo.
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Pledge of Allegiance and
Invocation
Council Member Rafael Trujillo led the pledge of allegiance. 0o0
Chaplain Beto Hernandez gave the Invocation – Calvary Chapel Rialto. 0o0
DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 14, 2023 Page 3 City Attorney’s Report on
Closed Session

1. CONFERENCE WITH LEGAL COUNSEL –

ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2)
Number of matters: Two (2) matters
The City Council heard briefings from legal Counsel on both items .

There is no reportable action.

Negotiating Parties: City of Rialto, City of Rialto as
Successor Agency; unspecified potential buyers
Under Negotiation: Price and Terms Sale
The City Council completed the discussion. There is n o reportable action.
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PRESENTATION AND

PROCLAMATIONS

1. Crossing Guard, Leonard “Lenny” Du’Brey –
Mayor Deborah Robertson

2. National Procurement Month - Mayor Deborah Robertson

3. Hear a Presentation Regarding a New City App Coming Soon- MyRialto

4. Presentation from Water Education for Latino Leaders (WELL) on Growing Water Smart - Council Member Rafael Trujillo 0o0
Mayor Robertson asked to close meeting in memory of Rialto residents Fred Lee Cross and Delores Elaine Cross.
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ORAL COMMUNICATIONS Marlanda Johnson, Representative with Supervisor Joe Baca, Jr. inviting residents to the 3rd Community Clean-up on April 22, 2023. 0o0

B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 33 (03/02/2023)
B.2 Warrant Resolution No. 34 (03/09/2023)

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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – February 28, 2023

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D. CLAIMS AGAINST THE CITY
D.1 Leila D. Robertson - Reimbursement
D.2 Ramiro Torres - Vehicle Damage
D.3 Niki Carter - Vehicle Damage
D.4 Wendy Alvarez - Vehicle Damage
D.5 Victor Sanchez - Vehicle Damage

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E. SET PUBLIC HEARING
E.1 Request City Council to 1) Adopt Resolution No. 8057 Approving Tract Map 20294 for the Subdivision of Land into 22 Single-Family Lots and Three Common Lots which is Consistent with the Proposed Residential 12 Land Use Designation and the Proposed Multi-family Residential R -3 Zoning Designation; 2) Approve the Associated Subdivision Improvement Agreement; and 3) Authorize the Acting City Manager to Execute all Related Documents.

E.2 Request City Council Authorize the Fire Department to apply for the Department of Homeland Security for Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) Grant Program.

E.3 Request City Council to: Adopt By Second Reading Ordinance No. 1685 Amending Section 10.32.050 of the Rialto Municipal Code Establishing Prima Facie Speed Limits.

E.4 Request City Council to (1) Approve a Memorandum of Understanding with Oak Valley College and (2) Authorize the Acting City Manager to execute all documents.

E.5 Request City Council to Receive and File a Written Report on a Preview of the Upcoming 2023 Legislative Session.
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DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 14, 2023 Page 5

CONSENT CALENDAR

Motion by Council Member Baca , second by Council Member Trujillo and carried by a 5-0 vote to adopt the Consent Calendar. 0o0

PUBLIC HEARING
TAB 1
2023 Weed Abatement Program

Brian Park, Fire Department Chief, presented staff report to Request City Council to Conduct a Public Hearing on the 2023 Weed Abatement Program and Consider any Objections to Imposing any Abatement Cost Therefore as a Lien Against Parcels that are not in Compliance with the Ordinance.
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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 Mayor Pro Tem Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to close the Public Hearing. 0o0
Council Member Trujillo asked about the weed abatement status near the schools in Rialto.
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Fire Chief Park stated the schools have been very compliant over the past few years.
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Council Member Baca asked if those who are not in compliance are aware of the fees applicable to them through property taxes. 0o0
Fire Chief Park stated from experience many property owners reside out of town are informed of the service and have had no complaints over the last several years with the process.
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Mayor Robertson thanked Fire Chief Park for adding weed abatement periods and applauded th e Fire Department for their assistance and service with the Weed Abatement Program.
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City Clerk McGee clarified on the adoption of the resolution. 0o0
Fire Chief Park stated Resolution 8050 was adopted at the February 28, 2023 City Council meeting.
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Consider any Objections to Imposing any Abatement Cost Therefore as a Lien Against Parcels that are not in Compliance with the Ordinance.
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NEW BUSINESS
TAB 2
Cancelling and/or to Reschedule Regular
City Council Meeting Dates; Determine
City Council Summer Recess
Barbara McGee, City Clerk, presented staff report to Request City Council to consider 1) Cancelling and/or to Reschedule Regular City Council Meeting Dates March 28, May 23, November 28 and December 26, 2023; and 2) Determine City Council Summer Recess dates. 0o0
Council Member Trujillo suggested having a City Council meeting on Tuesday, March 21, 2023, a week earlier.
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Mayor Robertson stated it takes time to prepare and package an agenda. Moving it out may be an option but not moving earlier. 0o0
City Clerk McGee stated not holding a meeting is an option. Should the City Council decide not to hold a meeting, the City will have to double up on the items needed to address with the remaining dates for the year. 0o0
Acting City Manager Brown stated he is not aware of large pending Items required for the f irst date of March 28 th. The situation may be different for the May 23, 2023, meeting. There is room should the City Council decide to cancel the March 28, 2023, meeting.
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Mayor Robertson recommended stating the reasons why there won’t be a quorum due to a date conflict with the normal, annual events attended.

Most of the Council Members will attend the ICSC , the International Council of Shopping Centers.
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City Clerk McGee stated the City Council will be attending City business at the National League of Cities in Washington, D.C. on March 28, 2023, and Internatio nal Council of Shopping Centers in Las Vegas on May 23, 2023.
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Council Member Scott stated three Council Members will be attending the National League of Cities in Washington, D.C.
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DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 14, 2023 Page 7 TAB 2
Cancelling and/or to Reschedule Regular
City Council Meeting Dates; Determine
City Council Summer Recess
Mayor Robertson emphasized the floor is open on an agenda item until all questions are addressed . Mayor Robertson will acknowledge the motion until all Council Members have had an opportunity to share information for the benefit of the viewing public.
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City Attorney Vail stated more clarity is needed on the motion. The staff report does not make specific recommendations to either cancel or reschedule a date. That data is not there in the motion. 0o0
Mayor Robertson stated the City Clerk’s Office needs direction. Not sure what the motion is for.
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Council Member Baca reiterated his motion. He said the motion is to cancel the City Council meetings on March 28, May 23, November 28, and December 6 in addition to recess dates.
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Mayor Robertson emphasized about the decision to go dark in a month when the school district is out in July. It needs to be addressed now.

The motion needs to be made with the understanding of when that will take place.
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Council Member Trujillo stated in previous years, the Council Members took time off in August. Now, recess is recommended on July 11, 2023, the meeting closest to the 4th of July and cancel July 11, 2023. 0o0
City Clerk McGee stated the City Council goes dark in the second meeting in August. Last year, the City Council suggested having recess in July. The report is meant to get direction on whether to continue in August or have it in July. Recess dates include conferences and holidays.
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Council Member Scott stated that a number of Council Members made the recommendation of moving the August recess to July and adjust all committee meetings to align with that timeframe.

He is in support of taking the July 4th week off. All committee meetings involving City Council Members are canceled for the week of July 3rd and July 10.
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Council Member Baca stated he accepts the amendment to include July 11 date and the committee meetings.
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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to 1) Cancelling Regular City Council Meeting Dates March 28, May 23, November 28 and December 26, 2023; and 2) Weeks of July 3rd and July 10th for summer recess.
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TAB 3
Direction on the Preferred Solid Waste
Collection Method of Residential Food
Waste, Fees and Rate adjustment
Process
Tim Sullivan, Director of Maintenance and Facilities presented staff report to Request City Council to Provide Direction on the Preferred Solid Waste Collection Method of Residential Food Waste, Program Fees, and Rate Adjustment Review Process.
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Council Member Scott asked why this had not gone before the Utilities Commission.
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Director of Maintenance and Facilities Sullivan stated it was first presented to the Burrtec Subcommittee. The recommendation was to present options to the City Council for direction.
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Mayor Robertson stated that in order to meet the timeframe and be aligned with the rolls collected, the Utilit ies Commission and subcommittee recognized that timeframes, would push the matter another month. The Utilities Commission is an advisory body not a statutory body that gives direction.
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Council Member Scott stated all rate increases have been taken to the Utilities Commission. He cannot support this Item without going before the Utilities Commission.
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Mayor Robertson stated Utilities Commissioner Shields did not express any objection to it. She understands Council Member Scott’s concerns. 0o0
Council Member Trujillo questioned the payment maintenance fee and believed it should come from another source rather than charging the resident. He asked if there is a process to remove it from the account. 0o0

Director of Maintenance and Facilities Sullivan stated the fee can be removed if is the City Council direction.
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Council Member Trujillo believes there are other City sources that can fund the impacts rather than charging residents and retailers.

He also expressed his concern with the legality of the payment maintenance fee since it has been challenged in other cities. 0o0
City Attorney Vail stated many cities have imposed a payment maintenance fee. It has been questioned in other jurisdictions, but it depends on how it was adopted and set up.
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Mayor Robertson agrees with City Attorney Vail . If the legality aspect needs to be visited, it needs to be determined how long we have had it and started and what City Council’s advisement at that time. 0o0
Council Member Trujillo stated a lot of work has been done with Economic Development to find other sources. He asked if the fee will be tagged and designated such as “State Organic Fee”.
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Richard Nino with Burrtec Waste Industries stated that 80 percent of the billings on the residential sector are on the property tax roll.

The limitations of how the itemization of those costs are listed are constraint. There is no separate subtotal or specific costs for various line items.

Should that be the direction of the City Council on the direct billings, the matter can be visited and evaluated to determine how it can be accomplished.
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Council Member Trujillo asked if the fee information can be found on the website.
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Mr. Nino stated that in collaboration with City staff, the cost breakdown can be provided on City website.
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DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 14, 2023 Page 10 TAB 3
Direction on the Preferred Solid Waste
Collection Method of Residential Food
Waste, Fees and Rate adjustment
Process
Council Member Trujillo stated for transparency purposes, it is important to specify fee itemization.
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City Attorney Vail stated that when the City adopts fee, it goes through the Proposition 218 process. The City generates a report identifying the fees charge and can delineate each separate element of the fees for public view.
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Council Member Baca stated since this is mandated by the State, the State should be able to fund. He agrees with Council Member Trujillo exploring other sources of funding and remain in compliance.

He emphasized the importance of seeking State funds to supply this mandate. The State imposes mandates that causes financial impact on the Cities to implement without thought and consideration to the rate payers who will have to incur this additional fee.

He believes Option 1 is the best option.
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Mayor Robertson agreed with Council Member Trujillo and emphasized other pathways that could be explored. She suggested it go before the Utilities Commission and return to the City Council in the first meeting on May 9, 2023.

She asked what the pleasure of the body is.
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Council Member Baca asked City staff to explore alternate resources while it goes to the Utilities Commission.
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Mayor Robertson reiterated Council Member Scott’s statement of not taking action until it goes before the Utilities Commission first. The City Council either moves it forward or take Council Member Scott’s recommendation. The annual budget needs to be generated to determine how much will be allocated to the payment management program.
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Council Member Trujillo asked about the annual budget being $1million dollars a year.
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DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 14, 2023 Page 11 TAB 3
Direction on the Preferred Solid Waste
Collection Method of Residential Food
Waste, Fees and Rate adjustment
Process
Director of Maintenance and Facilities Sullivan stated the Payment Management Fee revenue is between $1 to 1.5 million dollars per year approximately.
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Mayor Robertson emphasized that revenue is allocated to the Payment Management Program.
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Council Member Scott asked if the City of Redlands were challenged in court related to the payment management fee.
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Director of Maintenance and Facilities Sullivan stated that was his understanding.
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Council Member Scott asked if Rialto’s Payment Management Fee was modeled after the City of Redlands.
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Director of Maintenance and Facilities Sullivan stated he was not aware of their history.
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Council Member Scott stated he believed it was and emphasized the more reason to be reviewed. He addressed canned food waste. He is opposed of the 4 th bin option. He believed it is too expensive. Kitchen waste pails are also too expensive at $0.71 per month. The City needs to develop a better plan to encourage residents to participate in the food waste program for environmental purposes.

He encouraged the public to purchase an extra garbage disposal.

In the future, the State will be outlawing garbage disposals in California. 0o0
Director of Maintenance and Facilities Sullivan clarified to the $0.71.

Burrtec Waste Industries is proposing that fee for the first year. The rate would be reduced on the second year.
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Council Member Scott stated it is still quite expensive and it will become a permanent fee. He emphatically disagrees with the State -mandated fees imposed on residents who cannot afford them.
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Acting City Manager Brown stated the next Utilities Commission meeting will take place on March 21, 2023.

He asked for clarification on the direction from the City Council. 0o0
Council Member Baca emphasized that the Item is demonstrating the possible options. He reiterated the need for the Item to return to the Utilities Commission for review and recommendations, and the matter related to the Payment Management Fee.
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Council Member Scott stated the City Council needs to make a decision whether to opt with the 4 th barrel, kitchen situation - plastic bags or containers and how they will be paid. That decision needs to be made if approved tonight. Otherwise, it can be tabled.
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Mayor Robertson reiterated that the Payment Management Fee program needs to be examined by City Attorney Vail.
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Council Member Trujillo asked about pails and the publicity methods. 0o0
Mayor Robertson stated Maintenance Department will be handling that portion.
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City Attorney Vail asked for clarification on the effective date of the payment management fee. He is not certain if it can go into effect tonight.
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Mr. Nino stated the payment maintenance fee does not currently exist in the residential rate. There is no impact on the tax roll billing.

The commercial and roll-off billing occur at the beginning of each month.

For facilitation purposes, he suggested moratorium begin April 1, 2023. 0o0

Motion by Mayor Robertson , second by Council Member Baca and carried by a 5-0 vote to Provide Direction as follows:
• Defer to the Utilities Commission meeting on March 21, 2023, for recommendations
• Moratorium on collection of payment management fee effective 04/01/2023 on commercial and residential properties
• Maintenance staff to utilize funds from the environmental program for the purchase of 100 pails with a public relations program to advertise pickup effective May 1, 2023
• Burrtec Waste Industries will provide accounting breakdown on website
• Return before the City Council at the April 11, 2023 meeting 0o0
TAB 4
Authorize the Purchase of 76 Motorola
APX Mobile Radios, batteries, APX Collar
mics from Motorola Solutions, Inc.

Brian Park, Fire Chief, presented staff report to Request City Council to Authorize the Purchase of Seventy-six (76) Motorola APX Next XE Mobile Radios, Seventy -six (76) batteries, and Seventy-six (76) APX Collar mics from Motorola Solutions, Inc. for a Total Cost of $781,324.43.
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Council Member Scott asked if radios were for the entire department. 0o0
Chief Park stated it is a total replacement.
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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Authorize the Purchase of Seventy-six (76) Motorola APX Next XE Mobile Radios, Seventy -six (76) batteries, and Seventy-six (76) APX Collar mics from Motorola Solutions, Inc. for a Total Cost of $781,324.43.
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Mayor Robertson stepped away from the dais at 8:13 p.m. 0o0
Mayor Pro Tem Carrizales conducted the meeting.
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TAB 5
Receive Presentation on General Fund
Revenue and Expenditures for First and
Second Quarter of Fiscal Year 2022-23;
Adopt Resolution No. 8058 Amending the
FY 2022-23; Adopt Resolution No. 8059
Updating the Citywide Class and
Compensation Table
Katherine Stevens , Director of Finance , presented staff report to Request City Council to: (1) Receive a Presentation on General Fund Revenue and Expenditures for the First and Second Quarter of Fiscal Year 2022-23; (2) Adopt Resolution No. 8058 Amending the Fiscal Year 2022-23 Fiscal Budget, and (3) Adopt Resolution No. 8059 Updating the Citywide Class and Compensation Table for Full -Time and Part -Time Employees.
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DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 14, 2023 Page 14 TAB 5
Receive Presentation on General Fund
Revenue and Expenditures for First and
Second Quarter of Fiscal Year 2022-23;
Adopt Resolution No. 8058 Amending the
FY 2022-23; Adopt Resolution No. 8059
Updating the Citywide Class and
Compensation Table
City Attorney Vail stated there was a change in the Resolution.

He referenced Section 2 ; Item 2 related to the Deputy City Manager position.
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Council Member Trujillo asked about the sales tax revenue 2019 increase and the possibility of it being allocated to the Payment Fee Management program.
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Acting City Manager Brown stated there are areas to be explored.

He prefers to commit when the books are closed out. He is reluctant to overcommit. It is difficult to predict the state of the economy in the upcoming six months. However, the City Council could commit, should they decide to. The City will need to find the appropriate funds. 0o0
Council Member Trujillo stated this is a direct result of the EDC work in the City.
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Council Member Baca has no objection to the projection of the budget.

He asked if there are other resources that can be reviewed that will augment the cost in these areas through Federal or State grants. 0o0
Acting City Manager Brown stated the City will be able to explore grants and other forms of revenue to offset costs.
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Tanya Williams, Assistant to the City Manager, stated it was at the February 14, 2023 City Council meeting that the on-call agreements with seven firm s was approved . The firms will be acti vely pursuing several grant opportunities.
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Council Member Baca emphasized about being informed so that the City Council may provide assistance to return funds to the City. 0o0
Mayor Robertson returned to the dais at 8:25 p.m.
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Council Member Baca made a motion to adopt Resolution 8058; Amending the FY 2022-23 and adopt Resolution No. 8059.
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He stated the Item dies for lack of a second motion.
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Mayor Robertson resumed conducting the meeting.
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Mayor Robertson made a subsequent motion that the City’s midyear budget discussion be deferred to the following City Council meeting on April 11, 2023.
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Motion by Mayor Robertson, second by Mayor Pro Tem Carrizales and carried by a 4-1 vote to defer TAB 5 Item to the April 11, 2023, City Council meeting.

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

NOES: Council Member Scott. ABSTAIN: None. ABSENT: None. 0o0
Community Services Director of Community Services Alvarado-Crawford gave the report. 0o0
REPORTS The City Council gave their reports.
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ADJOURNMENT

Motion by Mayor Pro Tem Carrizales, second by Robertson and carried by a 5-0 vote to adjourn the City Council Meeting at 8:50 p.m.

The City Council adjourned in memory of:

Fred Lee Cross ,
Rialto Resident

Dolores Elaine Cross ,
Rialto Resident

_______________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: FC18F09C-3674-46C7-AF5A-C9A3E40DA727

Rialto City CouncilMarch 14, 2023

Rialto City Council
March 14, 2023