Minutes — Rialto City Council, February 13, 2024

REGULAR MEETING
of the

CITY OF RIALTO

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

RIALTO HOUSING AUTHORITY

MINUTES

Tuesday, February 13, 2024

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, February 13, 2024.
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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 5:00 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 City Manager David N. Carmany , City Attorney Eric Vail, and City Clerk Barbara McGee.

Mayor Deborah Robertson and City Treasurer Edward Carrillo w ere absent.
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CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Labor Negotiator: Assistant City Manager Arron Brown,
Human Resources Director Shama Curian

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CLOSED SESSION

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

2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION
Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9(d)(2)
One (1) matter.
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SUBSEQUENT NEED ITEM City Attorney Vail stated there is a request from Council Member Scott and Mayor Pro Tem Carrizales to add an Item of Subsequent Need :

Evaluation of Performance of the position of City Manager Under Government Code Section 54957.

Item of Subsequent Need matter was raised after the publication of the agenda. Items discussed in closed session requir e a Resolution or feedback for the City Manager today. It cannot wait for two weeks.

Mayor Robertson is not present and will require a two-thirds vote, all four Council Members need to vote to add it to the agenda and ask that it be considered.
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Mayor Pro Tem Carrizales asked for a motion.
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Council Member Trujillo made a motion.
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Council Member Scott second the motion.
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Council Member Baca asked what specifically would be added to the motion.
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City Attorney Vail stated it is a performance evaluation. 0o0

He asked if he would be evaluated today.
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City Attorney Vail stated he would have an evaluation session today. 0o0
Council Member Baca stated that the City Manager has not been here long enough to have an evaluation.
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City Attorney Vail stated there is no stated time in which the City Council has to evaluate a City Manager or City employee or other Officer. 0o0
Mayor Pro Tem Carrizales asked for a roll call.
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Motion by Council Member Trujillo and second by Council Member Scott and carried by a 3-1 vote to include Item 3 as a Subsequent Need Item, Performance Evaluation of City Manager.

The vote was AYES: Mayor Pro Tem Carrizales, Council Member Scott, and Council Member Trujillo
NOES: Council Member Baca. ABSTAIN: None. ABSENT: Mayor Robertson.

Motion failed to add Item of Subsequent Need to agenda. 0o0
Council Member Scott inquired on Closed Session Item 2 - Conference with Legal Counsel Anticipated Litigation.
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City Attorney Vail stated it is related to a financial program resulting in the issuance of incorrect documents by the City. There is some potential liability with regard to that.
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Council Member Scott asked if there is any other Item.
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DocuSign Envelope ID: 4453511D-E9EF-4F24-A067-DA641EE1C8D8 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 13, 2024 Page 4 SUBSEQUENT NEED ITEM City Manager Carmany stated no.
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City Clerk McGee stated that Mayor Robertson will be joining Closed Session.
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Council Member Scott asked if placing Performance Evaluation of City Manager on the agenda for evaluation at the next meeting would require two Council Members to request.
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City Attorney Vail stated as part of the regular agenda, yes. 0o0
Council Member Scott made the request and asked for another Council Member to concur.
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Council Member Trujillo concurred with Council Member Scott. 0o0
City Attorney Vail stated that the other option would be to recess back into Open Session when Mayor Robertson arrives and ask again. 0o0
Council Member Scott expressed his concerns related to discussions in Closed Session Item 2 may not be properly posted as Significant Litigation.
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Motion by Council Member Trujillo and second by Council Member Scott carried by a 4-0 vote to go into Closed Session at 5:05 p.m.

Mayor Robertson was absent.
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Mayor Robertson arrived at 5:05 to Closed Session.
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The City Council returned from Closed Session at 6:20 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:30 p.m. 0o0

Also, present were City Manager David N. Carmany, City Attorney Eric Vail, City Treasurer Edward Carrillo, and City Clerk Barbara McGee.
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Pledge of Allegiance and
Invocation
Mayor Deborah Robertson led the pledge of allegiance.
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Pastor Joel Booker – Inland Lighthouse Church gave the invocation. 0o0
City Attorney’s Report on
Closed Session

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Labor Negotiator: Assistant City Manager Arron Brown,
Human Resources Director Shama Curian

The City Council received a briefing. No reportable action.

2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION
Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9(d)(2)
One (1) matter.

The City Council received a briefing from City staff. There is no reportable action.
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PRESENTATION AND

PROCLAMATIONS
Presentation of funds to the Rialto Police Department Memorial Project – Transtech.
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ORAL COMMUNICATIONS June Hayes addressed the City Council related to the City’s new Monday through Thursday operating hours. She does not agree with the new schedule. She believes the new schedule is not in the best interest for the people of Rialto and believes it should operate Monday-Friday.

She also asked about the public having access to Council Chambers prior to 6:30 p.m. before the meeting commences.
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ORAL COMMUNICATIONS Lawrence Jenkins addressed the City Council related to having a park in the Rialto and Bloomington area and who he needs to contact. 0o0
City Council to Consider removing or
continuing any items on the agenda None.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 27
B.2 Warrant Resolution No. 28
B.3 Warrant Resolution No. 29

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes - January 9, 2024
C.2 Regular City Council Minutes - January 23, 2024

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D. CLAIMS AGAINST THE CITY
D.1 De Angelo Banks, Dorothy L. McDonald, Henry B. Banks - Wrongful Death
D.2 Patricia E. Schwengler – Damages
D.3 Raymond Nava – Damages
D.4 Sean Evans - Damages

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CONSENT CALENDAR

E. MISCELLANEOUS
E.1 Request that City Council Introduce for Second Reading Ordinance No. 1691 Adopting by Reference the 2022 California Fire Cod e and Certain Amendments, Deletions, and Additions, and Deleting Chapter 15.28 of the Rialto Municipal Code and Adding a New Chapter 15.28 of the Rialto Municipal code; (2) Adopt Resolution No. 8179 Setting Forth Findings for Local Amendments.

E.2 Request City Council to (1) Adopt Resolution No. 8184 amending the 2023-2024 fiscal year budget; (2) Accept the fiscal year 2020 and 2021 Homeland Security Grant Program (HSGP) in the amount of $51,839.00; and (3) Authorize the purchase of the grant equipment (radios) pursuant to the grant documents; and (4) Authorize the City Manager to execute all documents.

E.3 Request City Council to (1) Adopt Resolution No. 8185 Amending the 2023-2024 Fiscal Year Budget; (2) Accept the Fiscal Year 2022 Homeland Security Grant Program (HSGP) Award in the Amount of $30,869; and (3) Authorize the City Manager to Execute all Related Documents.

E.4 Request City Council to (1) Approve Amendment No. 4 to the San Bernardino Associated Government Joint Powers Authority Agreement (2) Approve the Incremental Increase in Member Dues to $68,851 and (3) Authorize the City Manager or Designee to Execute All Documents.

E.5 Request City Council to: (1) Adopt Resolution No. 8186 to revise and replace Resolution No. 8048 authorizing an application for CalHome Program Funds; authorizing the City Manager to enter into, execute, and deliver all other documents required or deemed necessary or appropriate to evidence and secure the CalHome grant funds; and authorizing Avant-Garde, Inc. to act as the City’s Administrative Subcontractor.

E.6 Request City Council to Approve the Rialto Police Department 2023 Annual Military Equipment Report, as Required by Section 7072(a) of the California Government Code.

E.7 Request the City Council to (1) Approve and authorize the transfer of public funds for participation in the 2022 Medi -Cal Rate Range Intergovernmental Transfer Program, (2) Continue th e
authorization of the City Manager to execute all necessary documents, amendments, and renewals related to the IGT program, and (3) Adopt a Resolution No. 8187 authorizing $963,034 in revenue for th e GEMT Fund Account No. 22095175 - 47539
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Motion by Council Member Trujillo, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to approve the Consent Calendar.

NEW BUSINESS
TAB 1
Adopt Resolution No. 8188 and
RUA No. 08-27 for Water and Wastewater
Arrearage Payment Program and
Authorize return unused funds for Water
and Wastewater; Accept funds from the
State Water Resources Control Board’s
California Extended and Wastewater
Arrearage Payment Program.

Stephen Dopudja, Interim Utilities Manager, presented staff report to Request that the City Council and Rialto Utility Authority Board: 1) Adopt a Resolution No. 8188 and RUA Resolution No. 08 -27 to Ratify the Acceptance of $402,237.74 for Water and $5,677,933.19 for Wastewater from the State Water Resources Control Board’s California Water and Wastewater Arrearage Payment Program and Authorize $13,168.01 in Water and $28,843.59 in Wastewater to return unused funds; and 2) Accept $1,824,579.14 from the State Water Resources Control Board’s California Extended Water and Wastewater Arrearage Payment Program.
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Mayor Robertson inquired about the staff reports dollar amounts and asked about the discrepancy.
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Mr. Dopudja clarified the typographical error made on the staff report and resolutions.
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Council Member Trujillo stated staff reports are public record and emphasized the importance of accuracy for transparency purposes especially related to dollar amounts.
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Motion by Council Member Baca, second by Council Member Scott and carried by a 5 -0 vote to 1) Adopt Resolution No. 8188 and RUA Resolution No. 08-27 to Ratify the Acceptance of $402,237.74 for Water and $5,677,933.19 for Wastewater from the State Water Res ources Control Board’s California Water and Wastewater Arrearage Payment Program and Authorize $13,168.01 in Water and $28,843.59 in Wastewater to return unused funds; and 2) Accept $1,824,579.14 from the State Water Resources Control Board’s California Extended Water and Wastewater Arrearage Payment Program.
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TAB 2
Approve Professional Service Agreement
with Kim Turner; Approve Purchase
Order
Mark Kling, Police Chief, presented staff report to Request City Council to: (1) Approve a Professional Service Agreement with Kim Turner LLC for Dispatch Consultation; (2) Approve a Purchase Order in the Amount of $174,950.00 for a Six -Month Term; and (3) Authorize the City Manager to negotiate and execute all Documents for this Agreement. 0o0

He acknowledged there are matters that need attention and are working on a resolution.
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Council Member Baca appreciates the police dispatch team and realizes they are undercompensated and need an increase and hopes it will be remedied which would help with recruitment and retention.

He asked why the dispatch department has gone a long time without a supervisor.
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Chief Kling stated there was a supervisor in 2017 and left to another department. He brought in another supervisor, and she recently retired last year. The position has been vacant since July 2023. 0o0
Council Member Baca asked besides compensation what would be the reason the dispatch department struggles with retention and recruitment.
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Chief Kling stated it is a two-pronged approach. He requested direction from the City Council to meet with the City Manager and the H uman Resources Director outside of negotiations to discuss compensation to median salary so that he may bring a report to the City Council. This would assist in recruitment strategies. Kim Turner LLC would assist with retention, building and development. The department loses rather than attracts staff.

This two-part approach would assist with recruitment and retention and include an updated policy manual consistent with training. 0o0
Council Member Baca asked who will be responsible for the implementation of the consultant’s recommendations related to internal matters.
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Chief Kling stated his management team under his direction. 0o0
Council Member Baca asked who will take action in the event of personnel termination or replaced if there is no supervisor in place. 0o0

DocuSign Envelope ID: 4453511D-E9EF-4F24-A067-DA641EE1C8D8 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – February 13, 2024 Page 10 TAB 2
Approve Professional Service Agreement
with Kim Turner; Approve Purchase
Order
Chief Kling stated Kim Turner will not be responsible to solve personnel or disciplinary matters. Rialto Police is responsible. 0o0
Council Member Baca asked who is the supervisor will be implementing the consultant’s recommendations.
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Chief Kling stated he is the final decision maker for the department if it is a disciplinary matter.

Training impact matters will be handled by a police lieutenant, captain or a dispatch supervisor when hired who will oversee the dispatch division.
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Council Member Baca asked who will be directly involved in the process during the six-month period.
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Kim Turner with Kim Turner LLC Dispatch Consultant , the lead in the project stated she and her team consisting of a clinical psychologist leading the team -building aspect. An onsite team -builder will help facilitate the team to move forward.

The goal is to fix the problem short and long term and work alongside the staff as changes are implemented. After the training, the dispatch team will be able to sustain what is being brought forward. 0o0
Council Member Baca asked if a report will be provided. 0o0
Ms. Turner stated yes. There will be weekly meetings.
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Council Member Baca emphasized the need for a positive working environment.
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Ms. Turner stated she will be happy to accommodate either bi-weekly or monthly meetings.
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Council Member Trujillo looks forward addressing these issues with the contract as well as compensation matters.

He thanked the dispatch team for their work and assisting residents in their most trying times.
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He supports the Item and moved for approval.
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Mayor Robertson appreciates the dispatch team and all they do.

She understands the salaries are not comparable and that one has to move on to achieve a life of advancement. The City is looking to resolve that matter. She is glad to move forward and approves the Item. 0o0

Motion by Mayor Pro Tem Carrizales , second by Council Member Trujillo and carried by a 5-0 vote to (1) Approve a Professional Service Agreement with Kim Turner LLC for Dispatch Consultation; (2) Approve a Purchase Order in the Amount of $174,950.00 for a Six-Month Term; and (3) Authorize the City Manager to negotiate and execute all Documents for this Agreement.
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Mayor Robertson stepped away from the dais at 7:17 p.m. 0o0
Mayor Pro Tem Carrizales conducted the proceedings in her absence. 0o0
TAB 3
Authorize a Contract Change Order to
Proactive Engineering Consultants for
Professional Civil Engineering Services
for City Project No. 240805
Tim Sullivan, Director of Mai ntenance and Facilities, presented staff report to Request City Council to (1) Authorize a Contract Change Order Request in the Amount of $196,000 to Proactive Engineering Consultants Pursuant to their On-Call Agreement for Professional Civil Engineering Services for the Design of the Bemis Elementary School Safe Routes to School Project, City Project No. 240805; and (2) Authorize the City Manager to Execute All Related Documents 0o0
Motion by Council Member Baca.
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The Item dies for lack of a second.
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Community Services Director of Community Services Alvarado-Crawford gave the report. 0o0
Mayor Robertson returned to the dais at 7:22 p.m.
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_________________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: 4453511D-E9EF-4F24-A067-DA641EE1C8D8

Rialto City CouncilFebruary 13, 2024

Rialto City Council
February 13, 2024