Minutes — Rialto City Council, March 12, 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, March 12, 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, March 12, 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 were absent.
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City Clerk McGee stated Mayor Robertson is at a conference and will not be attending tonight’s Closed Session or Regular City Council meeting.
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Employee Organizations:
• Executive Management Team
• Management Unrepresented Employees
• Rialto City Employee’s Association (RCEA)
• Teamsters Mid-Management & Confidential Employee’s
Union
(TMMU)
• 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 –

EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Three (3) Matters:

(1) Bridgette Angulo v. City of Rialto et al.

SBSC Case No. 2218619
(2) Arbitration – Payne
(3) Arbitration -- Gilliam

Motion by Council Member Scott and second by Council Member Trujillo carried by a 4 -0 vote to add Subsequent Need Item: Second Closed Session Item Conference with Legal Counsel –
Existing Litigation.

AYES: Mayor Pro Tem Carrizales, Council Member Scott, Council Member Trujillo and Council Member Baca.

NOES: None. ABSENT: Mayor Robertson

SUBSEQUENT NEED ITEM

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Motion by Council Member Baca and second by Council Member Trujillo carried by a 4-0 vote to go into Closed Session at 5:03 p.m.

Mayor Robertson was absent
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CLOSED SESSION The City Council returned from Closed Session at 5:45 p.m. 0o0

Mayor Deborah Robertson was absent.
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Pledge of Allegiance and
Invocation
Council Member Ed Scott led the pledge of allegiance.
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Pastor Tom McMahon – First Assembly of God gave the invocation. 0o0
City Attorney’s Report on
Closed Session

SUBSEQUENT NEED ITEM

1. Pursuant to Government Code section 54957.6
Labor Negotiator: City Manager David Carmany,
Human Resources Director Shama Curian

City Council had discussions with labor negotiator. No other reportable action.

2. CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Pursuant to Government Code Section 54659.2
Three (3) Matters.

(1) Bridgette Angulo v. City of Rialto et al.

SBSC Case No. 2218619
(2) Arbitration – Payne
(3) Arbitration -- Gilliam

The City Council heard from legal counsel, gave direction but there is no final reportable action.

PRESENTATION AND

PROCLAMATIONS

1. Certificates of Recognition to Rialto High School Cheerleaders USA National Champions - Mayor Pro Tem Carrizales and
Council Member Trujillo and by Supervisor Joe Baca Jr.

2. Certificates of Recognition to Omnitrans Drivers - In Honor of Women’s History Month in achieving the One Million Mile Safe Driving Club Award - Council Member Trujillo
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ORAL COMMUNICATIONS Marlandra Johnson with Supervisor Joe Baca Jr. ’s office along with The Way World Outreach inviting to a job fair on March 14, 2024; 9:00- 2:00 pm at The Way World Outreach in San Bernardino. Earth Day takes place on April 20, 2024 in Bloomington and Muscoy and welcomes volunteers for event.
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City Council to Consider removing or
continuing any items on the agenda
David Carmany, City Manager, request ed to pull TAB 3 related to Fire Station 203 Environmental Investigation and Reporting. He would like to investigate the matter further related to the possibility of EPA funding and potential independent RFP.
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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. 33
B.2 Warrant Resolution No. 32

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – February 27, 2024

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D. CLAIMS AGAINST THE CITY
D.1 Kevin M. McConico - Damages
D.2 Stephen Robert Gilson - Vehicle Damage
D.3 Stephanie Cane and Victoria Quesenberry - Damages D.4 Soledad Garcia - Vehicle Damage
D.5 Sequel Contractors, Inc - Damages
D.6 Earl Thompson - Vehicle Damage
D.7 Daniel Mauricio - Damages

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DocuSign Envelope ID: A74E4D3F-3DFC-4824-AEE9-B85254A04F02 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 12, 2024 Page 5

CONSENT CALENDAR
E. MISCELLANEOUS
E.1 Consideration of Release of Notice Inviting Bids No. 24-003 for the Public Works Building Restoration, City Project No. 220201 RECOMMENDATION:

Staff requests that the City Council

1. Authorize the Release of Request for Bids No. 24-003 for the Public Works Building Restoration, City Project No. 220201,

2. Delegate Authority to the City Manager to Process All Reimbursable Expenses Related to the Temporary Modular Building Pursuant to Insurance Claim Proceeds; and

3. Authorize the City Manager to Execute All Related Documents.

E.2 Consider coordination with the County of San Bernardino to ensure that the City of Rialto’s development standards are incorporated into County’s upcoming Comprehensive Development
Code Update.

RECOMMENDATION:

Direct the City Manager to formally request the adoption of the City of Rialto's development standards by San Berna rdino County in its upcoming Comprehensive Development Code Update.

E.3 Consideration of updated Local Hazard Mitigation Plan and updated Emergency Operations Plan.

RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 8190 approving the updated Rialto Local Hazard Mitigation Plan,

2. Adopt Rialto Emergency Operations Plan, and

3. Authorize staff to maintain these plans consistent with local, state, and federal emergency planning policies.
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Motion by Council Member Baca, second by Council Member Scott with carried by a 4-0 vote to approve the Consent Calendar.

Mayor Robertson was absent.
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PUBLIC HEARING
TAB 1
Issuance of Tax-Exempt bonds for Citrus
Grove Apartment and adopt
Resolution No. 8191
Colby Cataldi, Director of Community Development, presented staff report before the City Council requesting a Public Hearing regarding issuance of Tax -Exempt bonds for Citrus Grove Apartments and consideration of Resolution No. 8191 approving the issuance of bonds.

RECOMMENDATION:

Staff requests that City Council:

1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of National Community Renaissance of California (or an affiliate thereof), to provide financing for the acquisition, rehabilitation, improvement, and eq uipping of a 152 -unit multi- family rental housing project generally known as Citrus Grove Apartments; and

2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $70,000,000, for the be nefit of National Community Renaissance of California (or an affiliate thereof), to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 152 -unit multi-family rental housing project generally known as Citrus Grove Apartments.
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Mayor Pro Tem Carrizales asked if anyone wished to speak. 0o0
Motion by Council Member Trujillo, second by Council Member Baca and carried by a 4-0 vote to close the Public Hearing.

Mayor Robertson was absent.
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Council Member Scott asked for assurance that the City Council action will not present financial impact or changes in agreements with project. 0o0
Director of Community Development Cataldi stated correct. There is no financing requested by the City. When bonds and terms of bond are received, it will be brought before the City Council to discuss any special requests by applicant or borrower.
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Motion by Council Member Trujillo , second by Council Member Scott and carried by a 4-0 vote to the issuance of Tax-Exempt bonds for Citrus Grove Apartments and adopt Resolution No. 8191 approving the issuance of bonds.

Mayor Robertson was absent.
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NEW BUSINESS
TAB 2
Award Construction Contract to Deark
E&C Inc. for Downtown Parking Lot
Improvements
Tim Sullivan, Director of Maintenance and Facilities, presented staff report before the City Council requesting Consideration of Award of a Construction Contract to Deark E&C Inc. in the Amount of $794,073 for Downtown Parking Lot Improvements at Riverside Ave and W. Rialto Ave.

RECOMMENDATION:

Staff recommends that the City Council:

1. Award a Construction Contract to Deark E&C Inc. in the amount of $794,073 for Downtown Parking Lot Improvements,
City Project No. 230801.

2. Authorize a Contract Change Order Request in the amount of $130,528 with Fountainhead Corporation pursuant to the City’s “On Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Downtown Parking Lot Improvements, City Project No. 230801.

3. Authorize the City Manager to Execute all Related Documents. 0o0
Council Member Scott asked what the expected start date is. 0o0
Director of Maintenance and Facilities Sullivan stated approximately mid-April and conclude at the end of August.
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Council Member Scott asked about the stalled, one-stop shop center -- because some have asked for a reduced price – will not affect or slow down construction of project.
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Director of Maintenance and Facilities Sullivan stated correct. It is a standalone.
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Council Member Trujillo asked if part of the design will include an electronic monarch.
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Director of Maintenance and Facilities Sullivan stated that is a separate project. It is not included with this project.
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Council Member Scott asked if it will be prewired.
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Director of Maintenance and Facilities Sullivan stated that is correct.

There are two, two -inch conduits for that corner. One for telecommunications and one for power.
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Motion by Council Member Baca, second by Council Member Scott and carried by a 4-0 vote to Award a Construction Contract to Deark E&C Inc. in the amount of $794,073 for Downtown Parking Lot Improvements, City Project No. 230801; Authorize a Contract Change Order Request in the amount of $130,528 with Fountainhead Corporation pursuant to the City’s “On Call” Agreement for Construction Management, Inspection, and Materials Testing Services for Downtown Parking Lot Improvements, City Project No. 230801; Authorize the City Manager to Execute all Related Documents
Mayor Robertson was absent.
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TAB 3 TAB 3 was tabled for a future date.
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TAB 4
Award contract with 120Water, Inc. for
services to meet City’s compliance with
the Federal Environmental Protection
Agency’s Lead and Copper Rule
Regulations
Stephen Dopudja, Utilities Manager, presented staff report before the City Council to request Consideration of a contract with 120Water, Inc. in the amount of $164,650 for professional services to facilitate compliance with the Federal Environmental Protection Agency’s Lead and Copper Rule Regulations.

RECOMMENDATION:

It is recommended that the City Council and Rialto Utility Authority Board:

1. Award a contract to meet the City’s compliance with the Federal Environmental Protection Agency’s Lead and Copper Rule
Revisions to 120Water, Inc.; and
Authorize the City Manager to execute a Professional Services Agreement with 120Water, Inc. for a not-to-exceed amount of $164,650.
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Council Member Baca stated he is in favor of the Item. He suggested a program be developed to establish assurance that testing is being conducted for the safety of the Rialto residents. He recommended obtaining the assistance of Federal, State or County funding to implement the program.
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DocuSign Envelope ID: A74E4D3F-3DFC-4824-AEE9-B85254A04F02 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – March 12, 2024 Page 9 TAB 4
Award contract with 120Water, Inc. for
services to meet City’s compliance with
the Federal Environmental Protection
Agency’s Lead and Copper Rule
Regulations
Mr. Dopud ja stated the contract cost does not include test kits and recommended some allowance for that purpose. He recommends a $10.00 test kit fee to better secure testing is completed by residents. 0o0
Council Member Baca reiterated the importance of implementing the program to monitor that testing is being performed.
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Council Member Trujillo asked if this program will be managed by the Utility Management department.
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Mr. Dopudja stated yes it would be in coordination with Veolia. 0o0
Council Member Trujillo asked if the contract amount $164,650 includes manpower.
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Mr. Dopudja stated that fee is for 120Water, Inc. Veolia confirmed no additional compensation is required under the concession agreement. 0o0
Council Member Trujillo asked if the supply of material is separate. 0o0
Mr. Dopudja confirmed the $164,650 includes 800 tests. 120Water, Inc. will physically perform swab tests at 800 locations through the water meter boxes and report results.

He briefly explained the water test kit process.
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Motion by Council Member Scott, second by Council Member Baca and carried by a 4-0 vote to award a contract to meet the City’s compliance with the Federal Environmental Protection Agency’s Lead and Copper Rule Revisions to 120Water, Inc.; and Authorize the City Manager to execute a Professional Services Agreement with 120Water, Inc. for a not-to-exceed amount of $164,650.

Mayor Robertson was absent.
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_________________________________

MAYOR PRO TEM ANDY CARRIZALES

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

DocuSign Envelope ID: A74E4D3F-3DFC-4824-AEE9-B85254A04F02

Rialto City CouncilMarch 12, 2024

Rialto City Council
March 12, 2024