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, May 28, 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, May 28, 2024. 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 Robertson called the meeting to order at 5:00 p.m. 0o0
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 Interim City Manager G. Michael Milhiser, City Attorney Eric Vail, and City Clerk Barbara McGee.
City Treasurer Edward Carrillo was absent.
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CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Matters: One (1)
• In re Rialto Bioenergy Facility, LLC
US CASB Case No. 23-01467-CL11
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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: Two (2)
Penaloza Claim
Potential Litigation Review
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6
Labor Negotiator: Human Resources Director Shama Curian 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
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Motion by Council Baca and second by Council Member Trujillo carried by a 5-0 vote to go into Closed Session at 5:02 p.m. 0o0
The City Council returned from Closed Session at 6:29 p.m. 0o0
CALL TO ORDER
Mayor Robertson called the meeting to order at 6:33 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 Interim City Manager G. Michael Milhiser, City Attorney Eric Vail, City Treasurer Edward Carrillo, and City Clerk Barbara McGee 0o0
Pledge of Allegiance and
Invocation
Council Member Scott led the pledge of allegiance.
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Pastor Javier Reyes – Calvary Chapel Rialto gave the invocation. 0o0
City Attorney’s Report on
Closed Session
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Matters: One (1)
• In re Rialto Bioenergy Facility, LLC
US CASB Case No. 23-01467-CL11
The City Council heard a briefing from the City Attorney. There was no action taken on that item.
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of Matters: Two (2)
Penaloza Claim
Potential Litigation Review
The City Council had briefings from Risk Manager and Third-Party Claims Adjuster with regard to Items. The City Council gave direction, but there was no reportable action.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code section 54957.6 Labor Negotiator: Human Resources Director Shama Curian; 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
The City Council discussed bargaining groups still in negotiation and gave direction to the labor negotiator. There is no other reportable action.
PRESENTATION AND PROCLAMATIONS
Certificate of Recognition – Amber Barrios – San Bernardino County Probation – Mayor Robertson Presentation – Rialto on Wheels Event – Scott McAfee, Don’s Bicycles Presentation: Rialto e-bike Program – Director of Parks, Recreation and Community Services Cynthia Alvarado In Memoriam of Gil Navarro – Council Member Trujillo
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ORAL COMMUNICATIONS
Veronica Perez, addressed the City Council to request a draft and pass an immediate and permanent cease fire resolution. She provided the City Council her contact information and looks forward to discussing the matter further. 0o0
Marco Antonio Villalobos addressed the City Council related to a Rialto Youth Soccer League matter that he spoke of two months earlier. He has been unable to obtain clarification from City staff and is running out of options. He is waiting on a response to possibly use Jerry Eaves Park to practice for the new season. He believes five to six months consequence for violating the rules is appropriate, but now wishes to return to the league. 0o0
City Council to Consider removing or continuing any items on the agenda Council Member Trujillo asked to pull F.2 for discussion. 0o0
F.2
Active Transportation Program (ATP)
Council Member Trujillo referenced the map and inquired about the proposed improvements for Safe Routes to School. He asked about the two school districts located within the City of Rialto that are part of the Fontana School District. 0o0
Amparo Corona, Principal Budget and Financial Analyst with Public Works, there are four schools within the City of Rialto outside of the Rialto Unified School District. 0o0
Council Member Trujillo asked if they are within the County plan. 0o0
Ms. Corona stated correct. The proposed plan update is to include the schools that were not originally part of the current Safe Routes to School plan. 0o0
Council Member Trujillo clarified if they will be included in the future. 0o0
Ms. Corona stated yes.
CONSENT CALENDAR
A. WAIVE FULL READING OF ORDINANCES
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B. APPROVAL OF WARRANT RESOLUTIONS
B.1 Warrant Resolution No. 43
B.2 Warrant Resolution No. 44
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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – May 14, 2024
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D. CLAIMS AGAINST THE CITY
D.1 Ruben Araiza – Damages
D.2 Stephanie Cantoran – Vehicle Damage
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E. SET PUBLIC HEARING
E.1 Request City Council to Set a Public Hearing for July 23, 2024, to Consider the Levy and Collection of Annual Assessments Therein. 1) Adopt Resolution No. 8217, Adopt Resolution No. 8218, and Adopt Resolution No. 8219, Related to Street Light Maintenance District No. 1; 2) Adopt Resolution No. 8220, Adopt Resolution No. 8221, and Adopt Resolution No. 8222, Related to Landscape Maintenance District No. 1; 3) Adopt Resolution No. 8223, Adopt Resolution No. 8224, and Adopt Resolution No. 8225, Related to Landscaping and Lighting Maintenance District No. 2. 0o0
F. MISCELLANEOUS
F.1 Request that the City Council and Rialto Utility Authority Board: 1) Authorize Professional Service Agreement Amendment No. 3 with Soto Resources in the amount of $100,000 to provide additional as-needed grant writing assistance; and 2) Authorize the City Manager/Executive Director to Execute all Related Documents. 0o0
CONSENT CALENDAR
F. MISCELLANEOUS (Cont.)
F.2 Request City Council to: 1) Authorize the Submission of an Active Transportation Program (ATP) Cycle 7 Grant Application to the California Department of Transportation (Caltrans) for the City of Rialto Safe Routes to School Improvements Project; 2) Authorize the Submission of an Active Transportation Program (ATP) Cycle 7 Grant Application to the California Department of Transportation (Caltrans) for the City of Rialto 2019 Safe Routes to School Plan Update; and 3) Authorize the City Manager or their Designee to Execute all Related Documents.
F.3 Request City Council to 1) Approve a Sixth Amendment to the Lease Agreement with the County of San Bernardino for the Library located at 251 West First Street and 2) Authorize the City Manager or their Designee to Execute all Related Documents. 0o0
Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to approve the Consent Calendar. 0o0
PUBLIC HEARING
TAB 1
Adopt Resolution No. 8226 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk Amy Crow, Administrative Analyst, presented staff report to Request City Council to: 1) Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the 4th Quarter of 2023; and 2) Adopt Resolution No. 8226 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk. 0o0
Mayor Robertson asked if anyone wished to speak.
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No one came forward.
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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
Motion by Council Member Trujillo, second by Council Member Baca and carried by a 5-0 vote to Adopt Resolution No. 8226 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk. 0o0
TAB 2
Adopt Resolution No. 8201
Ordering the Abatement of Weeds on Various Properties within City Limits Paul Gonzales, Community Development Manager, presented staff report to Request the City Conduct a Public Hearing to consider Adoption of 1) Resolution No. 8227 approving, Specific Plan Amendment (Master Case No. 2023-036) No. 2024-001, to change the site from Residential-Mixed Use (R-MU) to Commercial Pedestrian within the Foothill Boulevard Specific Plan, and 2) Resolution No. 8228 approving Conditional Development Permit No. 2023-0021, and 3) Resolution No. 8229 approving Precise Plan of Design No. 2023-0027, and Environmental Assessment Review No. 2023-0035: a request for the use of and to develop a 3,596 square foot Car Wash, drive-thru lane, and vacuum station aisle on 1.20 acres. The property is located at the northeast corner of Foothill Boulevard and Linden Avenue (APN:0128 011-32) in the Foothill Boulevard Specific Plan. 0o0
Mayor Robertson asked if anyone wished to speak.
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No one came forward.
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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to close the Public Hearing. 0o0
Council Member Baca asked if the property is currently vacant. 0o0
Mr. Gonzales stated that is correct.
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Council Member Baca stated he agrees with the project. It is helpful to have a car wash in that area of the City. 0o0
Council Member Trujillo complimented and agreed with the project layout. 0o0
TAB 2
Adopt Resolution No. 8201
Ordering the Abatement of Weeds on Various Properties within City Limits Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to approve 1) Resolution No. 8227 approving, Specific Plan Amendment (Master Case No. 2023-036) No. 2024-001, to change the site from Residential-Mixed Use (R-MU) to Commercial Pedestrian within the Foothill Boulevard Specific Plan, and 2) Resolution No. 8228 approving Conditional Development Permit No. 2023-0021, and 3) Resolution No. 8229 approving Precise Plan of Design No. 2023-0027, and Environmental Assessment Review No. 2023-0035: a request for the use of and to develop a 3,596 square foot Car Wash, drive-thru lane, and vacuum station aisle on 1.20 acres. The property is located at the northeast corner of Foothill Boulevard and Linden Avenue (APN:0128 011-32) in the Foothill Boulevard Specific Plan. 0o0
NEW BUSINESS
TAB 3
Adopt Resolution No. 8230
Appointing an Intern Police Captain and Approve Employment Agreement with Mr. Andrew Karol Mark Kling, Police Chief, presented staff report to Request City Council to Adopt Resolution No. 8230 Appointing an Interim Police Captain and Approve the Employment Agreement with Mr. Andrew Karol, Retired Rialto Police Captain. 0o0
Council Member Baca expressed his concern related to upward mobility. He believes there should be abilities for members to climb the ladders. 0o0
Chief Kling reiterated that it would not be fair to candidates to appoint an acting police captain and would not be fair to the rest of the pool. The captain, lieutenants, sergeants, and corporals will all be incorporated in the process. The upward mobility is there. He decided to recruit internally. Captain Karol is well versed in the City and the police department as well as liked and respected. The upward mobility is there. 0o0
Mayor Robertson stated that she approves the agreement. 0o0
Motion by Mayor Pro Tem Carrizales, second by Council Member Scott and carried by a 5-0 vote to adopt Resolution No. 8230 Appointing an Interim Police Captain and Approve the Employment Agreement with Mr. Andrew Karol, Retired Rialto Police Captain. 0o0
TAB 4
Approve the Memorandum of Understanding for Employees and adopt Resolution No. 8231 Resolution No. 8232, Resolution No. 8233, Resolution No. 8234, Resolution No. 8235, Resolution No. 8236, Resolution No. 8237 Shama Curian, Director of Human Resources/Risk Management, presented staff report to Request City Council to 1) Adopt Resolution No. 8231, Approving the Memorandum of Understanding Establishing Compensation and Related Benefits for Employees Represented by the Rialto Fire Management Association; and Adopt Resolution No. 8232, Approving the Memorandum of Understanding Establishing Compensation and Related Benefits for Employees Represented by the Rialto Police Benefits Association - Management Employees; and Adopt Resolution No. 8233, Approving the Memorandum of Understanding Establishing Compensation and Relate Benefits for Employees Represented by the Rialto Professional Firefighters’ Association Local 3688; and Adopt Resolution No. 8234, Approving Compensation and Related Benefits for Executive Management an Unrepresented Employees; and
Adopt Resolution No. 8235, Approving Side Letter Agreements with Rialto City Employees’ Association; and
Adopt Resolution No. 8236, Updating the Citywide Classification and Compensation Plan for Full-time and Part-time Employees; to Amend the Salaries for those Classifications Represented by the Rialto Fire Management Association, the Rialto Police Benefits Association- Management Unit, the Rialto Professional Firefighters’ Association Local 3688, the Executive and the Unrepresented Management Employees Approve Resolution No. 8237, Amending the 2023-24 Fiscal Year Budget for a Budget Appropriation of $1,190,270
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Council Member Scott thanked Director Curian and the labor groups for her hard work and doing the right thing. 0o0
Mayor Robertson stated she concurred with Council Member Scott. She appreciates that everything is resolved. 0o0
Council Member Trujillo stated that the last time a one-time bonus was given was during the pandemic. He acknowledged that it is because of staff’s hard work that the City Council is open to provide it. 0o0
Motion by Mayor Robertson, second by Council Member Trujillo and carried by a 5-0 vote to Approve the Memorandum of Understanding for Employees and adopt Resolution No. 8231 Resolution No. 8232, Resolution No. 8233, Resolution No. 8234, Resolution No. 8235, Resolution No. 8236, Resolution No. 8237. 0o0
TAB 5
Adopt Resolution No. 8238, Accepting the SB 1383 Local Assistance Grant Program, FY 2022-2023 Tim Sullivan, Utilities Manager, presented staff report to Request City Council to 1) Adopt Resolution No. 8238, Accepting the SB 1383 Local Assistance Grant Program, FY 2022-23 for the City of Rialto in the amount of $274,747; 2) Authorize a Purchase Order with Clairemont Equipment for the purchase of an MBH6 Finn Bark Blower through Sourcewell; and 3) Authorize the City Manager or Their Designee to Execute all Related Documents. 0o0
Motion by Council Member Scott, second by Council Member Baca and carried by a 5-0 vote to Adopt Resolution No. 8238, Accepting the SB 1383 Local Assistance Grant Program, FY 2022-23 for the City of Rialto in the amount of $274,747; 2) Authorize a Purchase Order with Clairemont Equipment for the purchase of an MBH6 Finn Bark Blower through Sourcewell; and 3) Authorize the City Manager or Their Designee to Execute all Related Documents. 0o0
TAB 6
Award Services Agreement to CCS Facility Services for Janitorial Services in FY 2024/2025 Mike Orona, Deputy Director of Maintenance and Facilities, presented staff report to Request City Council to 1) Award a Services Agreement to CCS Facility Services, a California corporation, in the Amount of $446,775.60 for Janitorial Services in Fiscal Year 2024/2025, and 2) Authorize the City Manager or their Designee to Execute all Related Documents. 0o0
Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5-0 vote to Award a Services Agreement to CCS Facility Services, a California corporation, in the Amount of $446,775.60 for Janitorial Services in Fiscal Year 2024/2025, and 2) Authorize the City Manager or their Designee to Execute all Related Documents. 0o0
TAB 7
Award Contract Services Agreement with West Coast Arborists, Inc., for Tree Trimming and Removal Services for FY 2024/2025
Mike Orona, Deputy Director of Maintenance and Facilities, Request City Council to: 1) Award a Contract Services Agreement with West Coast Arborists, Inc., a California C Corporation, for Tree Trimming and Removal Services for Fiscal Year 2024/2025 in the Amount of $550,000; and 2) Authorize the City Manager or their Designee to Execute all Related Documents. 0o0
Motion by Council Member Scott, second by Council Member Baca and carried by a 5-0 to Award a Contract Services Agreement with West Coast Arborists, Inc., a California C Corporation, for Tree Trimming and Removal Services for Fiscal Year 2024/2025 in the Amount of $550,000; and 2) Authorize the City Manager or their Designee to Execute all Related Documents. 0o0
TAB 8
Adopt Budget Resolution No. 8239
Amending the 2023-2024 Fiscal Year Budget
Mark Kling, Police Chief, presented staff report to Request City Council to 1) Adopt Budget Resolution No. 8239, Amending the 2023-2024 Fiscal Year Budget, 2) Recognizing Revenue from Monies not Claimed Within 60 Days to Become Property of the City; 3) and Appropriating Budget in the Amount of $949,432.23 for Police Department’s Information Technology Infrastructure. 0o0
Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 5-0 to Adopt Budget Resolution No. 8239, Amending the 2023-2024 Fiscal Year Budget, 2) Recognizing Revenue from Monies not Claimed Within 60 Days to Become Property of the City; 3) and Appropriating Budget in the Amount of $949,432.23 for Police Department’s Information Technology Infrastructure. 0o0
Community Services
Cynthia Alvarado gave the report.
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REPORTS
The City Council gave their reports.
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ADJOURNMENT
Motion by Mayor Pro Tem Carrizales, second by Council Member Trujillo and carried by a 5-0 vote to adjourn the City Council Meeting at 8:35 p.m.
The City Council adjourned in memory of:
Rosenda Elizabeth Smiley
Rialto Resident
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MAYOR DEBORAH ROBERTSON
ATTEST:
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CITY CLERK BARBARA A. McGEE
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