REGULAR MEETING
of the
CITY OF RIALTO
CITY COUNCIL
City of Rialto, acting as Successor Agency to the Redevelopment Agency
MINUTES
Tuesday, May 9, 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, May 9, 2023. 0o0
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. 0o0
CALL TO ORDER
Mayor Pro Tem Carrizales called the meeting to order at 5:00 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 Edward Carrillo were absent. 0o0
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
One (1) matter:
McCullough v. City of Rialto et al.,
USDC Case No.5:22-cv-00600
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CLOSED SESSION
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
WC - Claim No. 2192900029 (Haslam-Wright)
WC - Claim No. SAC0000181299 (Hodge)
WC - Claim No. 2192900076 (Lichtenberger)
WC - Claim No. 2162900010 (Tucker)
IDR (Hauenstein)
ITEM OF SUBSEQUENT NEED
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APNs 0264-211-15 & 17, and
0264-211-44, 45, 46 & 54
Agency Negotiators: Acting City Manager Arron Brown
Assistant City Attorney Robert Messinger
Negotiating Parties: City of Rialto, City of Rialto as Successor Agency & TE Newland Investments, LLC
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Motion by Council Member Trujillo and second by Council Member Baca and carried by a 4-0 vote to add Subsequent Need Item.
Mayor Robertson was absent.
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CLOSED SESSION
Motion by Council Member Trujillo and second by Mayor Pro Tem Carrizales and carried by a 4-0 vote to go into Closed Session at 5:02 p.m.
Mayor Robertson was absent.
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The City Council returned from Closed Session at 5:56 p.m. 0o0
CALL TO ORDER
Mayor Pro Tem Carrizales called the meeting to order at 6:30 p.m. 0o0
OPEN SESSION
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, City Clerk Barbara McGee, and City Treasurer Edward Carrillo.
Mayor Deborah Robertson was absent.
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Pledge of Allegiance and
Invocation
Mayor Pro Tem Andy Carrizales led the pledge of allegiance. 0o0
Pastor Mark Baur – 1st Baptist Church.
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City Attorney’s Report on
Closed Session
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
One (1) matter:
McCullough v. City of Rialto et al.,
USDC Case No. 5:22-cv-00600
The City Council gave direction. There is no reportable action.
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
WC - Claim No. 2192900029 (Haslam-Wright)
WC - Claim No. SAC0000181299 (Hodge)
WC - Claim No. 2192900076 (Lichtenberger)
WC - Claim No. 2162900010 (Tucker)
IDR (Hauenstein)
The City Council gave direction. There is no reportable action.
ITEM OF SUBSEQUENT NEED
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APNs 0264-211-15 & 17, and
0264-211-44, 45, 46 & 54
Agency Negotiators: Acting City Manager Arron Brown
Assistant City Attorney Robert Messinger
Negotiating Parties: City of Rialto, City of Rialto as Successor Agency & TE Newland Investments, LLC
The City Council gave direction to the negotiators. There is no reportable action. 0o0
PRESENTATION AND PROCLAMATIONS
Proclamation - National Public Works Week
Proclamation - Greta Hodges - Council Member Joe Baca
Request City Council to Receive an update on the purchase and implementation of a Cloud-Based Enterprise Resource Planning (ERP) System from Tyler Technologies, Inc. 0o0
ORAL COMMUNICATIONS
Michelle Sanchez addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. 0o0
Melanie Jernigan addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project and the lack of ability to provide feedback and her concerns with the petitions that were circulating. She believed further evaluation of the project from the City Council and asked the City Council to reconsider their vote. 0o0
Ana Gonzalez addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project. She believed there was plain disregard for the community and the residents filed a referendum. She stated there was a conflict of interest vote that took place with a Member of the City Council. She asked that the City Council do the right thing. She suggested the residents vote on the matter. 0o0
City Attorney Vail clarified that Mayor Pro Tem Carrizales does not hold a conflict of interest and does not meet the FPPC factors as a leaseholder. 0o0
Frank Montes addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and Industrial Project and believed the voice of the community was not heard and asked that the City Council do the right thing. 0o0
Yolanda Smith addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment. She believed that every citizen has a right to peace, to have a community to be proud of. She does not understand why the City Council is doing something the community does not want and is asking the City Council to reconsider. 0o0
Joaquin Castillo addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment. He stated it is clear of what the residents don’t want. They want a community that is meant for families not industries. The warehouse does not fit into the model. Safety and health of the community should be the main priority and the City Council should make its decisions based on that. 0o0
ORAL COMMUNICATIONS
Elizabeth Sena addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and stated that decisions made in Rialto impact her and her family who reside in the City of Fontana. Council Members have an obligation to protect residents and community not corporations. 0o0
Marlandra Johnson with Supervisor Joe Baca Jr’s office addressed the City Council to give County updates such as a collaborative agreement with pavement reconstruction ramp update project on Lilac Avenue to comply with ADA requirements and the street-light project and affiliation agreement allowing medical emergency technician students for onsite training at Arrowhead Regional Medical Center. 0o0
Cecilia Sarabia addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment and asked the City Council to reconsider their vote and to focus on community projects that benefit the City. She asked why is there is not an interpreter. She is also a taxpayer. She wanted to know the difference between a resident who is a property owner and renter. She believed they both have the same rights as active members of the community. 0o0
Marvin Norman addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment. He reminded the City Council that May is bike month and Asian-American Pacific Islander Heritage Month. 0o0
Kathryn Valadez addressed the City Council and expressed opposition to the Pepper Avenue Specific Plan Amendment. The project is not good for the community. She and her family work and function in the City of Rialto. She is asking for the City Council to reconsider the original plan. 0o0
Council Member Baca addressed the City Council in reference to a letter dated November 8, 2021 indicating a Council Member’s conflict of interest to the Pepper Avenue Specific Plan Amendment. He asked for evidence that the individual was not residing at that specified location during that period of time that the project was voted on. 0o0
City Attorney Vail confirmed that the records of title indicate that Mayor Pro Tem Carrizales’ in-laws own and have owned the property. There is nothing in the law that prevents somebody from living in a home of their in-laws and paying the mortgage should they so choose. 0o0
ORAL COMMUNICATIONS
Council Member Baca requested a second opinion from another attorney on the interpretation. 0o0
Council Member Scott stated that if Council Member Baca chooses to speak as a resident, he will have to do so at the podium. He may not specifically address anyone specifically or have anyone answer his questions.
This is not a hearing on Mayor Pro Tem Carrizales’ conflicts of interest. Mayor Pro Tem Carrizales is responsible for his own conflict of interests. Should Mayor Pro Tem Carrizales have a conflict of interest or should there be any doubt, there is a process. It is not at a City Council meeting. 0o0
Citizen Joe Baca addressed the City Council and expressed his opposition to the Pepper Avenue Specific Plan Amendment and against the decision of the City Council at the April 25th, 2023 meeting. Based on the last meeting minutes, there are many residents in opposition to the project. The Planning Commission made their recommendations and City staff followed suit to go against the warehouse project on Pepper. He referenced a newspaper article that addressed the health, public safety and environmental impacts of warehouses in the Inland Empire. The City Council has a responsibility to the citizens of Rialto for a healthy Rialto and make it better. He stated retail and commercial will produce more revenue for the City. Warehouses will not produce the revenue needed. He asked the Members of the City Council reconsider and revote on the Pepper Avenue Specific Plan Amendment. 0o0
City Council to Consider removing or continuing any items on the agenda City Clerk McGee read into the record a correction on TAB 1 Minutes for the April 25th, 2023 City Council meeting. She stated the motion was by Council Member Scott and second by Council Member Trujillo which carried a 3-2 vote to approve the project and direct staff to repair the necessary resolutions approving the Specific Plan Amendments conditional development permit; precise plan of the development and the CEQA documents for the project as a consent calendar item on a subsequent City Council meeting. 0o0
CONSENT CALENDAR
A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 41 (04/27/2023)
B.2 Warrant Resolution No. 41a (04/27/2023)
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C. APPROVAL OF MINUTES
C.1 Regular City Council Meeting – April 25, 2023
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D. CLAIMS AGAINST THE CITY
D.1 Southern California Edison (SCE) -- Damages
D.2 Maria Gabriela Valle-Payan - Damages
D.3 Felipe Asaft Casillas Caldera – Vehicle Damage
D.4 Patricia Mendoza - Vehicle Damage
D.5 Luis Enrique Estrada Marquez - Damages
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E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for June 13, 2023, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 4th Quarter of the 2022 Calendar Year.
E.2 Request City Council to Set a Public Hearing for June 13, 2023 to consider (1) Specific Plan Amendment No. 2022-0001, a request to change the land use designation on a 1.67-acre parcel of land (APN: 0130-013-02) located on the east side of Cactus Avenue approximately 360 feet south of Foothill Boulevard from Commercial - Mixed Use (C-MU) to Residential - High Density (R-HD), (2) Precise Plan of Design No. 2022-0025, a request to allow the development of a 21-unit apartment complex with 5 Accessory Dwelling Units consisting of eight (8) two-story buildings and associated paving, landscaping, lighting and drainage improvements, and (3) an Addendum to the Foothill Boulevard Specific Plan Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0037) prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
CONSENT CALENDAR
E.3 Request the City Council to Set a Public Hearing for June 13, 2023 to consider (1) Tentative Parcel Map No. 2020-0001 (TPM 20195), a request to subdivide a 31.61 gross acre parcel of land into two (2) new parcels of land, (2) Conditional Development Permit No. 2020-0002, a request to allow the development and use of two (2) new industrial warehouse buildings, (3) Precise Plan of Design No. 2020-0012, a request for site and architectural review of a proposal consisting of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building on 31.61 gross acres of land, and (4) an Environmental Impact Report (Environmental Assessment Review No. 2020-0003) prepared for the project, in accordance with the California Environmental Quality Act (CEQA). The project site is located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue.
E.4 Request City Council to Set a Public Hearing for June 13, 2023, to Approve and Adopt the Budget Plan for Fiscal Year 2023-24. 0o0
F. MISCELLANEOUS
F.1 Request City Council to: (1) Adopt Resolution No. 8071 Accepting the Safe Streets and Roads for All Grant through the U.S. Department of Transportation Federal Highway Administration in the amount of $320,000 for the Development of a Safe Streets For All Action Plan; and (2) Authorize the Acting City Manager to Execute all Related Documents.
F.2 Request the City Council receive and file a report on the 2022 Housing Element Annual Progress Report F.3 Request City Council to: Receive and File Fiscal Year 2022 Single Audit Report.
F.4 Request City Council to Receive and File the Measure I and Transportation Development Act Audits conducted by the San Bernardino County Transportation Authority.
F.5 Request City Council To (1) Approve a Three-Year Contract for the Total Amount of $114,650 with SPIDR Tech Inc. to Provide a Law Enforcement Integrated Software Solution to Improve Customer Communication, Transparency and Efficiency; (2) Approve the Issuance of a Purchase Order for FY2022/2023 in the amount of $114,650 for SPIDR Tech Inc. Software; (3) Authorize the City Manager or Designee to Execute All Documents Including any Changes or Increases in Service.
F.6 Request City Council to: (1) Authorize Staff to Submit an Application to the U.S. Department of Transportation’s Charging and Fueling Infrastructure Discretionary Grant Opportunity Community Program Grant in the Not to Exceed Amount of $500,000 with a Local Match Not-To-Exceed of $100,000; and (2) Authorize the City Manager to Execute all Related Documents.
CONSENT CALENDAR
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4-0 vote to adopt the Consent Calendar with the corrections on TAB 1 minutes for April 25, 2023.
Mayor Robertson was absent.
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There was a disturbance by the audience members.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4-0 vote to take a recess in the proceedings at 7:43 p.m.
Mayor Robertson was absent.
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All members returned from recess at 7:55 p.m.
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City Attorney Vail informed the City Council that during recess, Police Chief Kling advised members of the audience that they were being disruptive. That behavior was allowed to continue for a period during the recess so the public could be allowed to have the say that they wanted to under their First Amendment rights. Being present at a public meeting of a City Council and voicing your position isn’t an absolute right if it disturbs the free flow of the business of the meeting. Members of the public had been advised and admonished of that by both Police Chief Kling, and Council Member Baca did encourage members of the audience to conduct themselves with decorum through the rest of the meeting. Everybody’s been warned; the admonishments have been given. In the event that there are any significant disturbances of the meeting that disrupt the meeting, the next phase will occur. That means the Police Chief and his officers have to remove the disruptive people from the room. 0o0
PUBLIC HEARING
TAB 1
Approve The Naming of A Meeting Room in The Frances E. Brooks Conference Center at the Johnson Center “Linda J. Goffney Meeting Room.” Cynthia Alvarado-Crawford, Community Services Director presented staff report to Request City Council Open A Public Hearing To Receive Community Feedback, And To Discuss And Approve The Naming Of A Meeting Room In The Frances E. Brooks Conference Center Located At The Johnson Community Center “Linda J. Goffney Meeting Room”. 0o0
Mayor Pro Tem Carrizales asked if anyone wish to speak. 0o0
City Clerk McGee stated no.
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TAB 1
Approve The Naming of A Meeting Room in The Frances E. Brooks Conference Center at the Johnson Center “Linda J. Goffney Meeting Room.” Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4-0 vote to close the Public Hearing.
Mayor Robertson was absent.
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Council Member Trujillo recognized some of Commissioner Linda Goffney’s contributions to the City. 0o0
Council Member Baca thanked Commissioner Linda for her contributions to the City.
Council Member Scott echoed the same sentiments about Commissioner Linda Goffney. She will be sorely missed by the Council Members and the community. 0o0
Mayor Pro Tem Carrizales shared his thoughts and stated she will be greatly missed. 0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 4-0 vote to Approve The Naming Of A Meeting Room In The Frances E. Brooks Conference Center Located At The Johnson Community Center “Linda J. Goffney Meeting Room”.
Mayor Robertson was absent.
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TAB 2
Adopt Resolution No. 8072 approving Substantial Amendment No. 6 Cynthia Alvarado-Crawford, Community Services Director and Ana Marie LeNoue with Avant-Garde, Inc. presented staff report to Request City Council to Consider and adopt Resolution No. 8072 approving Substantial Amendment No. 6 Revising Budget Amounts to CDBG-CV Activities within the City’s 2020-2021 Annual Action Plan. 0o0
Mayor Pro Tem Carrizales opened the Public Hearing.
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No one came forward to speak.
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Motion by Council Member Trujillo, second by Council Member Scott and carried by a 4-0 vote to close the Public Hearing.
Mayor Robertson was absent.
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Council Member Baca suggested funds could be utilized for WIFI to be used at each City park in particular Frisbie Park and Sampson and Ferguson Park.
TAB 2
Adopt Resolution No. 8072 approving Substantial Amendment No. 6 Council Member Scott recommended revisiting the cost for WIFI in the parks before moving forward to avoid using from the general funds.
He asked about the outreach for the storefront small business assistance program. 0o0
Aknesa Ananikyan with Avant-Garde, Inc. stated the outreach included canvasing multiple businesses in the city 0o0
Council Member Scott asked if requirements are stringent that it is difficult to receive money. 0o0
Ms. Ananikyan stated that CDBG-CV funding’s guidelines include businesses demonstrating revenue loss. 0o0
Council Member Scott asked if businesses on Riverside Avenue that have been impacted by construction have been contacted. 0o0
Acting City Manager Brown stated businesses have to have been impacted by Coronavirus. 0o0
Council Member Scott stated one of the impacts of COVID-19 was the difficulty in hiring people. He asked if the recruitment of new employees qualify for funds. 0o0
Ms. LeNoue stated that businesses could utilize funds to retain or hire employees. 0o0
Acting City Manager Brown asked for clarification if the funds could be utilized after showing financial impact directly related to Coronavirus. 0o0
Mayor Pro Tem Carrizales stated there has been a huge impact in the business community. A lot of the workforce has not returned. 0o0
Council Member Scott suggested outreach to the small business community to help and guide them document those losses. 0o0
TAB 2
Adopt Resolution No. 8072 approving Substantial Amendment No. 6 Acting City Manager Brown stated the outreach will be focused on that. 0o0
Mayor Pro Tem Carrizales clarified his business does not need assistance. 0o0
Council Member Trujillo described the need for warming centers and thanked Mayor Robertson and staff for working on that idea. 0o0
Acting City Manager Brown stated that the voucher program through the local hotel and SWAG agreed to add additional vouchers.
He stated the Ad Hoc Committee discussed the possibility of splitting the $200,000 to have $100,000 towards exploring WIFI, but it did not make an impact on the total price. Instead, to utilize the $200,000 towards the warming centers and continue to explore grant options for WIFI. 0o0
Mayor Pro Tem Carrizales stated there are other grants. There are groups who are specifically looking for WIFI at all of the City parks. 0o0
Motion by Council Member Baca, second by Council Member Scott and carried by a 4-0 vote to adopt Resolution No. 8072 approving Substantial Amendment No. 6 Revising Budget Amounts to CDBG-CV Activities within the City’s 2020-2021 Annual Action Plan.
Mayor Robertson was absent.
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TAB 3
Accept, Review, and file the Fiscal Year 2021-2022 Annual Comprehensive Financial Report and Related Documents Katherine Stevens Director of Finance and Bryan Gruber, Auditor with LSL CPAs and Advisors presented staff report to Request City Council, Rialto Housing Authority, Rialto Utility Authority, and Successor Agency to Accept, Review, and file the Fiscal Year 2021-2022 Annual Comprehensive Financial Report and Related Documents. 0o0
Council Member Scott asked about fraud interviews required under GASB. 0o0
TAB 3
Accept, Review, and file the Fiscal Year 2021-2022 Annual Comprehensive Financial Report and Related Documents Mr. Gruber stated AICPA has standard for audit. They must obtain inquiry understanding possible impacts of fraud. It includes inquiry with City personnel with the knowledge and understanding of possible fraud and specific procedures on the financial statements over risks of fraud such as misstatements to the accounts and disclosures that might be misleading to the financial statements. 0o0
Council Member Scott asked if Mayor Robertson or any Council Member was interviewed regarding potential fraud. 0o0
Director of Finance Stevens believed it was with Council Member Trujillo and Mayor Robertson. 0o0
Council Member Scott asked why weren’t the other Council Members spoken to. 0o0
Director of Finance Stevens stated it is a random sample selection. 0o0
Council Member Scott stated in all his 20 years’ experience, all the Council Members were spoken to. It is appropriate to speak to all Council Members. It is also appropriate for the auditors to meet with each Council Member and review the audit results.
This is the first time it hasn’t been done and expressed his concern. 0o0
Director of Finance Stevens stated it will be done moving forward. 0o0
Council Member Trujillo stated he did not intent to supersede his colleagues. He thought it was part of the process. 0o0
Director of Finance Stevens stated random selections were conducted to have that authenticity with the fraud inquiry. 0o0
Acting City Manager Brown emphasized interviews will be conducted with all five Council Members. That will be the standard operating procedure. They will meet with all five. 0o0
TAB 3
Accept, Review, and file the Fiscal Year 2021-2022 Annual Comprehensive Financial Report and Related Documents Council Member Scott asked if the auditors have met with the City Treasurer. 0o0
City Treasurer Carrillo stated he had not met with the auditors. 0o0
Motion by Council Member Baca, second by Council Member Trujillo and carried by a 2-2 vote to Accept, Review, and file the Fiscal Year 2021- 2022 Annual Comprehensive Financial Report and Related Documents.
The vote was AYES: Council Member Trujillo and Council Member Baca.
NOES: Mayor Pro Tem Carrizales and Council Member Scott. ABSTAIN: None. ABSENT: Mayor Robertson. 0o0
City Attorney Vail stated the motion fails unless there is an alternative motion, and it will need to be brought back when there are five Council Members. 0o0
Council Member Baca asked if there was a deadline to meet. 0o0
Director of Finance Stevens stated the report deadline was March 31, 2023. It was submitted on time. The auditors audited financials. This Item is to receive and accept on public record for the City of Rialto. 0o0
Acting City Manager Brown asked if appointments could be arranged between now and June 13, 2023 to discuss Items with LSL. 0o0
Council Member Scott agreed. That will be acceptable.
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Director of Finance Stevens asked the City Council how they would like the meetings arranged. 0o0
Council Member Scott stated he would like to meet with Mayor Pro Tem Carrizales. 0o0
Motion failed. TAB 3 will be brought back before the City Council. 0o0
TAB 4
Rescind the Contract Award to Ortiz Enterprises, Inc. for City Project No. 200808; Adopt Resolution No. 8073 Amending the 2022-2023 Fiscal Budget; Award Construction Contract to Riverside Construction Company, Inc., for City Project No. 200808 Art Cervantes with Engineering, presented staff report to Request City Council to: (1) Rescind the Contract Award to Ortiz Enterprises, Inc., a California Corporation, for the SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808; (2) Adopt Resolution No. 8073 Amending the 2022-2023 Fiscal Budget and Appropriating $1.3 Million from the RSP/EIR Fair Share Agreement Fund 301; (3) Award a Construction Contract to Riverside Construction Company, Inc., a California Corporation, in the amount of $7,073,097.70 for the SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808; and (4) Authorize the Acting City Manager to Execute all Related Documents and take such other actions required to effectively administer the Project. 0o0
Motion by Council Member Trujillo second by Council Member Scott and carried by a 4-0 vote to (1) Rescind the Contract Award to Ortiz Enterprises, Inc., a California Corporation, for the SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808; (2) Adopt Resolution No. 8073 Amending the 2022-2023 Fiscal Budget and Appropriating $1.3 Million from the RSP/EIR Fair Share Agreement Fund 301; (3) Award a Construction Contract to Riverside Construction Company, Inc., a California Corporation, in the amount of $7,073,097.70 for the SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808; Mayor Robertson was absent.
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TAB 5
Authorize the Release of Bids for the Willow Avenue and San Bernardino Avenue Traffic Signal and Lighting Improvements Project Art Cervantes with Engineering, presented staff report to Request City Council to Authorize the Release of Bids for the Willow Avenue and San Bernardino Avenue Traffic Signal and Lighting Improvements Project, City Project No. 230805. 0o0
Council Member Scott thanked Engineering for moving the project forward. It is long overdue. 0o0
Motion by Council Member Trujillo second by Council Member Scott and carried by a 4-0 vote to Authorize the Release of Bids for the Willow Avenue and San Bernardino Avenue Traffic Signal and Lighting Improvements Project, City Project No. 230805.
Mayor Robertson was absent.
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TAB 6
Request City Council direction on the County ARPA Funding for Two Rialto Park Improvement Projects Cynthia Alvarado-Crawford, Community Services Director, presented staff report to Request the City Council to discuss and provide direction on the County ARPA Funding designated for Two Rialto Park Improvement Projects in the amount of $2,060,000. 0o0
Council Member Scott asked where the remaining funds will be allocated. 0o0
Community Services Director Alvarado-Crawford stated either approximately $810,000 from the County or the one million dollars allocated for the fitness center conversion to avoid obtaining money from the General Fund. 0o0
Council Member Scott asked which fund did the $1 million dollars originate from. 0o0
Acting City Manager Brown stated it was General Fund CIP. 0o0
Council Member Scott expressed his concerns utilizing money from the General Fund for any projects in light of the current economic conditions in the country, State and potentially City. He would not be opposed to reallocating the fitness center funds to the project.
He stated no additional funds be removed from the General Fund until the economic situation of the City is known. 0o0
Acting City Manager Brown stated it will fully fund the project. He expressed his concern with overages. 0o0
Community Services Director Alvarado-Crawford stated there will be a slight overage. She would have to figure out the numbers. 0o0
Council Member Scott asked if there were additional park revenues expected. He expects there would be once this project is complete. 0o0
Acting City Manager Brown agreed. He stated this will not be a quick project. 0o0
TAB 6
Request City Council direction on the County ARPA Funding for Two Rialto Park Improvement Projects Council Member Baca asked if the original request was for the Birdsall Park Snack bar and restaurant facilities. 0o0
Community Services Director Alvarado-Crawford stated correct. 0o0
Council Member Baca stated the Supervisor allocated approximately one million dollars to cover expenses and asked if an auditorium was added to the project. 0o0
Community Services Director Alvarado-Crawford stated nothing was added to the park projects. Everything was named in the original proposal. The total cost of the project is $4 million dollars. She stated $1.4 million has been allocated. County Supervisor Baca awarded the City $1.2 million. There is $2 million still needed to complete project. 0o0
Council Member Baca suggested the Item be tabled until matter is discussed with County Supervisor Baca Jr. then return to the City Council for appropriate action. 0o0
Acting City Manager Brown stated it was his decision to bring before the City Council. This is a modified request. He elected to go before the City Council at this time and present suggestions and they can opt to move forward or table Item. Going forward, if that is the expectation of the City Council, it will be carried out in that manner. 0o0
Council Member Scott agreed to table the Item until matter is discussed with County Supervisor Baca Jr. 0o0
Motion by Council Member Scott second by Council Member Baca and carried by a 4-0 vote to Table TAB 6.
Mayor Robertson absent.
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TAB 7
Receive a presentation on the focused General Plan Update Colby Cataldi, Community Development Director and Henry Eckold, Planner with Dudek presented staff report to Request for the City Council to receive a presentation on the focused General Plan Update for the Land Use, Safety, Circulation and Environmental Justice Elements. 0o0
TAB 7
Receive a presentation on the focused General Plan Update Public Comment
Ana Gonzales addressed the City Council and suggested an extended timeline for community input to understand general plan and input on surveys and suggested holding public review at a time more convenient for families to participate instead of summer break. 0o0
Council Member Scott asked for explanation on proper maintenance and the process. 0o0
Mr. Eckold explained and gave example of improper home maintenance resulting in unsafe or unsanitary conditions. 0o0
Council Member Scott asked how the City would identify houses with those situations and propose to correct them. 0o0
Mr. Eckold stated some are already identified by the recent housing element work. 0o0
Council Member Scott asked how would a home be identified. 0o0
Mr. Eckold stated there is a program within the housing element related to rehabilitation of that amount of housing. 0o0
Ms. Champion stated the housing element does not examine the interior of the homes. The housing element looks at the exterior conditions. A home survey was conducted within the City to determine the estimated number. 0o0
Council Member Scott clarified that it relates to homes that are substandard on the exterior of the home and not the interior of the home. 0o0
Ms. Champion stated correct.
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Council Member Scott asked if it included only the structure of the home. 0o0
Ms. Champion stated correct.
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TAB 7
Receive a presentation on the focused General Plan Update Council Member Scott asked how the City proposes addressing and correcting those issues. 0o0
Ms. Champion stated the housing element has programs pertaining to code enforcement and outreach programs to assist property owners with the maintenance of their homes. 0o0
Council Member Scott asked if the program involves funding to repair homes. 0o0
Ms. Champion stated there is no funding earmarked for that purpose. 0o0
Council Member Scott asked if code enforcement will be requiring homes to be repaired. 0o0
Ms. Champion stated code enforcement is one option, but the outreach will be conducting a more proactive approach. 0o0
Council Member Scott asked if code enforcement will be enforcing residents to repair their homes. 0o0
Ms. Champion stated there will be no requirement to do that kind of maintenance. 0o0
Council Member Scott asked how will overcrowding of homes be determined. 0o0
Mr. Eckold stated Census data is used for that estimation. 0o0
Council Member Scott asked how will overcrowding be addressed by the City. 0o0
Mr. Eckold stated that if it is not a community issue, then it is not an issue that needs to be addressed. 0o0
TAB 7
Receive a presentation on the focused General Plan Update Council Member Scott expressed his concern with private property rights and the City dictating the use of private property. 0o0
Mr. Cataldi stated code enforcement enforces property maintenance issues that may arise as neighborhoods are patrolled or resident service requests. Code enforcement is not evaluating high occupancy homes with multiple families and will not be policing at all related to that matter. 0o0
Council Member Scott stated he is hoping the City will not be intending to police at all period. There are individuals who cannot afford to paint their homes. He is very concerned that a program such as this is, is not very neighborly. 0o0
Mr. Cataldi stated the City currently has a state grant application for consideration which includes housing rehab funds to Rialto. The City hopes to receive that funding which would be instrumental. If funds are granted, the City can then work with the neighboring community for these programs. 0o0
Council Member Scott emphasized he did not want to establish a policy without returning to the City Council. 0o0
Mr. Cataldi stated that everything that is contained in the update will be developed and brought back to the City Council in the next couple of months. 0o0
Council Member Scott continued to express his concern with the program and emphasized on the residents who struggle trying to support their families let alone trying to keep up with home repairs.
He inquired about flood zones and asked if the flood zone map is based on an actual flood event. 0o0
Mr. Eckold stated that they are FEMA flood zone designations. The 100-year flood is what is reflected on the report. 0o0
Council Member Scott stated a 100-year flood would be much wider. He believed the maps referenced in the report are misleading related to floods and fire. 0o0
TAB 7
Receive a presentation on the focused General Plan Update Mr. Eckold stated FEMA created the Federal mapping related to flood zones. Fire zone data is created by CAL Fire which are State fire-hazard, severity zones which are different than what insurance companies use. 0o0
Council Member Scott stated he is impressed with the number of responses received considering the mailouts had just recently been sent. 0o0
Council Member Baca asked if the deadline can be extended to allow public input. He stated the City Council will be selecting individuals who will be on the general plan. 0o0
Mr. Cataldi stated the deadline can be extended another couple of weeks to allow residents time to respond. 0o0
Council Member Baca asked what is done after all the information is gathered. 0o0
Mr. Eckold stated the information from all components will be incorporated. 0o0
Council Member Baca asked if the gathering of information will be provided to the City Council to determine how it will be utilized. 0o0
Mr. Eckold stated it will help with prioritization that will assist City staff with implementation. 0o0
Mr. Cataldi stated all public comments will be cataloged, complete project and shape policies for Council’s consideration. 0o0
Council Member Baca expressed his concern with the identity of the residents living in multi-family homes made public especially if there is enforcement. 0o0
TAB 7
Receive a presentation on the focused General Plan Update Mr. Eckold stated the focus is not enforcement. It is meant to improve residents’ home situation where necessary. The grants will be able to assist. It is not a program that will be forced upon. 0o0
Council Member Baca asked if this program will be requiring multi-family homes to undergo a permitting process and grant funding who need additional reconstruction in their home to be allowed. 0o0
Mr. Cataldi stated this project will not audit the occupancy of any individual residences. It is to develop tools to have a more diverse housing stock implemented in the City to improve accessibility to healthy food, transportation, and affordable housing for the community. 0o0
Council Member Baca understands the benefit. He wanted to make certain privacy is protected.
He expressed his concern for hazard and asked how the City will address potential fire hazards due to the additional warehouses built in the surrounding residential area that impacts health. 0o0
Mr. Eckold stated that will certainly be considered when formulating policies. 0o0
Council Member Baca emphasized, under health, there are no grocery stores in the northern part of Rialto. He also emphasized the traffic and pollution hazard in the area. He hopes all those elements are factored to establish an accurate assessment and impacts on the City. 0o0
Mr. Cataldi stated point well taken.
0o0
Council Member Trujillo referenced the map and asked about surface flooding captured in the 100-year flooding. 0o0
Mr. Cataldi stated the natural habitats are the ones that are captured. Wherever there is deficient infrastructure, that can be considered. 0o0
Mr. Eckold stated surface flooding can result from sewer blockage, and that is not captured on the FEMA maps. 0o0
TAB 7
Receive a presentation on the focused General Plan Update Council Member Trujillo asked about multi-generational families in affordable housing units. He emphasized that it is not just homes. The issue is across the board. 0o0
Mr. Cataldi stated the project is attempting to confront with economic disparities existing and lack of equity in the current environment. In the next few months, the work product will be developed and obtain feedback. The City Council will be briefed as to where the project stands. 0o0
Council Member Trujillo emphasized that some homes require more than one type of assistance, labor intensive work and asked if a plan will be created for those homes. 0o0
Mr. Eckold stated they will attempt to make some feasible steps forward to provide opportunity and guidance wherever possible. 0o0
Council Member Trujillo asked if any Spanish-speaker responses were received. 0o0
Ms. Champion stated at public events, half of them were Spanish speaking. 0o0
City Treasurer Carrillo stated that there is no mention of the pipeline that runs through the community. He asked how would the City respond to a major catastrophic event and who would fund the cleanup or aftermath. He asked why would that not be included in the report. 0o0
Mr. Eckold stated that could potentially fall under hazardous materials and potentially include discussion in policies related to that. 0o0
Mr. Cataldi stated they could work with the Public Works team on the City’s infrastructure vulnerabilities or deficiencies they are aware of. The Public Works team will be at the table to participate and evaluate. 0o0
TAB 7
Receive a presentation on the focused General Plan Update Motion by Council Member Scott second by Council Member Baca and carried by a 4-0 vote to receive a presentation on the focused General Plan Update for the Land Use, Safety, Circulation and Environmental Justice Elements.
Mayor Robertson was absent.
0o0
TAB 8
Form and select members for the General Plan Update Community Advisory Committee Siri Champion, Senior Planner and Arron Brown, Acting City Manager, presented staff report to Request City Council to form and select members for the General Plan Update Community Advisory Committee. 0o0
Council Member Scott recommended to hold the committee at 10 members with each Council Member recommending two individuals. 0o0
Council Member Baca recommended 15 members in a committee with each Council Members selecting three individuals.
There a lot of good candidates, and it is a difficult decision to make. 0o0
Council Member Trujillo recommended 10 members. He wants to make certain each Council Member selects two. 0o0
City Clerk McGee read Mayor Robertson’s comments into the record as follows:
“To my Fellow Council Members: As you are aware, I am currently attending the Association of California Water Agencies (ACWA) Conference as previously planned. However, should you elect to proceed with appointing representatives for the advisory committee to the General Plan Update, I would strongly encourage you to consider a more inclusiveness of residents’ participation rather than take management’s recommendations (per the Acting City Manager advisement to me of my colleagues’ disagreement for more), But I believe we should welcome more participation for community engagement, not less. Therefore, I recommend we consider five appointments each, a total of 25, (odd number), acknowledging the interest expressed and possible schedule conflicts, and thus I’m submitting two additional, in case my nominations are considered on someone’s nomination list as well.” City Clerk McGee stated Mayor Robertson listed her nominees. 0o0
TAB 8
Form and select members for the General Plan Update Community Advisory Committee Motion by Council Member Trujillo second by Council Member Scott and carried by a 3-1 vote to form and select members for the General Plan Update Community Advisory Committee at 10 committee members with each Council Members appointing two individuals each.
The vote was AYES: Mayor Pro Tem Carrizales, Council Member Trujillo and Council Member Scott.
NOES: Council Member Baca: ABSTAIN: None. ABSENT: Mayor Robertson. 0o0
City Attorney Vail asked if there were public comments on the Item. 0o0
City Clerk McGee stated no.
0o0
TAB 9
Award Professional Services Agreement to Triad Consulting & System Design Group Jonathan Ballard, Acting IT Manager, presented staff report to Request City Council to: (1) Award Professional Services Agreements to Triad Consulting & System Design Group in a Not to Exceed Amount of $361,725.00 and (2) Authorize the City Manager to Execute All Documents. 0o0
Council Member Scott stated for the record that this came from the Water Subcommittee with recommendations and moves for approval. 0o0
Motion by Council Member Scott second by Council Member Baca and carried by a 4-0 vote to (1) Award Professional Services Agreements to Triad Consulting & System Design Group in a Not to Exceed Amount of $361,725.00.
Mayor Robertson was absent.
0o0
TAB 10
Approve Software Support Renewal Agreement with Tritech Software Systems for Rialto Police Department Records Management System, Mobile Data, Computer Aided Dispatch, Property/Evidence Systems, CrimeMapping.com, CrimeView Desktop and Dashboard for Fiscal Year 2023/2024 Mark Adams, Captain with the Rialto Police Department, presented staff report to Request City Council to (1) Approve a Software Support Renewal Agreement in the Amount of $198,580.52 with Tritech Software Systems, a CentralSquare Technologies, LLC Company, a Delaware Limited Liability Company, for the Rialto Police Department Records Management System, Mobile Data, Computer Aided Dispatch, Property/Evidence Systems, CrimeMapping.com, CrimeView Desktop and Dashboard for Fiscal Year 2023/2024; and (2) Authorize the Acting City Manager or his Designee to Execute all Documents. 0o0
TAB 10
Approve Software Support Renewal Agreement with Tritech Software Systems for Rialto Police Department Records Management System, Mobile Data, Computer Aided Dispatch, Property/Evidence Systems, CrimeMapping.com, CrimeView Desktop and Dashboard for Fiscal Year 2023/2024 Motion by Council Member Baca second by Council Member Trujillo and carried by a 4-0 vote to (1) Approve a Software Support Renewal Agreement in the Amount of $198,580.52 with Tritech Software Systems, a CentralSquare Technologies, LLC Company, a Delaware Limited Liability Company, for the Rialto Police Department Records Management System, Mobile Data, Computer Aided Dispatch, Property/Evidence Systems, CrimeMapping.com, CrimeView Desktop and Dashboard for Fiscal Year 2023/2024 and (2) Authorize the Acting City Manager or his Designee to Execute all Documents.
Mayor Robertson was absent.
0o0
TAB 11
Approve Purchase of 15 Ford Utility Interceptor Vehicles from Phil Long of Denver, LLC; Purchase of Equipment, Modifications, and Installation from 10-8 Retrofit Mark Adams, Rialto Police Department Captain, and Arron Brown, Acting City Manager, presented staff report to Request City Council to Approve (1) the Purchase of Fifteen (15) Ford Utility Interceptor Vehicles from Phil Long of Denver, LLC in the Amount of $723,225.00, (2) the Purchase of Equipment, Modifications, and Installation from 10-8 Retrofit in the Amount of $412,987.05, and (3) Authorize the Acting City Manager or his Designee to Execute all Documents. 0o0
Mayor Pro Tem Carrizales asked about purchasing the vehicles locally. 0o0
Acting City Manager Brown stated currently no one can. There is a shortage. 0o0
Motion by Council Member Baca second by Council Member Scott and carried by a 4-0 vote to 1) the Purchase of Fifteen (15) Ford Utility Interceptor Vehicles from Phil Long of Denver, LLC in the Amount of $723,225.00, (2) the Purchase of Equipment, Modifications, and Installation from 10-8 Retrofit in the Amount of $412,987.05, including additional sales tax in the Amount of $61,051.00 and (3) Authorize the Acting City Manager or his Designee to Execute all Documents.
Mayor Robertson was absent.
0o0
REPORTS
The City Council gave their reports.
0o0
Community Services
Director of Community Services Alvarado-Crawford gave the report. 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 10:07 p.m.
Mayor Robertson was absent.
0o0
_______________________________
MAYOR PRO TEM CARRIZALES
ATTEST:
_____________________________
CITY CLERK BARBARA A. McGEE
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – May 9, 2023 Page 12