Minutes — Rialto City Council, August 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, August 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, August 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 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, Acting Assistant City Attorney Al Ford, and City Clerk Barbara McGee.

City Treasurer Edward Carrillo and City Attorney Eric Vail were absent. 0o0
CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –

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

1. Kim Martin v. City of Rialto
SBSC Case No. CIVSB 2418854

2. Melinda Ferguson v. City of Rialto, et al.

SBSC Case No.: CIVDS 2017947

3. Mark Grayes, et al. v. City of Rialto
USDC 2:24-cv-01164-MCS-SSC

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CLOSED SESSION

Motion by Council Member Trujillo and second Council Member Baca and by 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 5:45 p.m. 0o0
CALL TO ORDER Mayor Robertson called the meeting to order at 6:31 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, Acting Assistant City Attorney Al Ford, City Treasurer Edward Carrillo, and City Clerk Barbara McGee.

City Attorney Eric Vail was absent.
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Pledge of Allegiance and
Invocation
Mayor Pro Tem Carrizales led the pledge of allegiance.
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Pastor Javier Reyes – Calvary Chapel Rialto.
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City Attorney’s Report on
Closed Session

1. CONFERENCE WITH LEGAL COUNSEL –

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

1. Kim Martin v. City of Rialto
SBSC Case No. CIVSB 2418854

2. Melinda Ferguson v. City of Rialto, et al.

SBSC Case No.: CIVDS 2017947

3. Mark Grayes, et al. v. City of Rialto
USDC 2:24-cv-01164-MCS-SSC
Acting Assistant City Attorney Al Ford stated there is no reportable action.
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PRESENTATION AND

PROCLAMATIONS

1. In Memoriam for Marshall Simms -Mayor Robertson Pulled.

2. In Memoriam for Obafemi Kayode Bello - Mayor Robertson

3. Certificate of Appreciation to Pastor Braxton –
Mayor Robertson

4. Presentation - Recognition of Rialto Fire Department - American Heart Association Pulled.

5. Recognition Remigio Ruiz and Jonathan Guevara –
Council Member Trujillo

6. Presentation - Update on Police Station - Chief Mark Kling

The project ove rlooks the Rialto Police Department and expressed concerns with the safety for the police department and the public in the immediate area and the congestion it would create. It passed with a 4-1 vote with him voting against it.

He asked who will be responsible for the improvements.
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Vincente Giron, Engineering Manager, stated the developer will be financing the improvement s along Rialto Avenue and Lilac Avenue.

They will be carrying out a half street grind and overlay on Rialto Avenue.
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Council Member Baca asked how wide would it be. He expressed concerns with congestion and first responders responding to emergencies and for the officers safety over perpetrators. 0o0
Mr. Giron stated the roadway will remain the same width. It will not be widened. It will be a new roadway on their half including all the underground and overhead utilities to clean up the area. There will be rehabilitation of the road on Lilac Avenue and Rialto Avenue. 0o0
Council Member Baca stated he moves for approval.
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CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES

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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – July 23, 2024

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D. CLAIMS AGAINST THE CITY – FOR INFORMATION ONLY
D.1 Allstate - Jose Molina - Damages
D.2 Andrea Leon - Personal Injury
D.3 Debora Sue Mertan - Damages
D.4 Fidel N. Gutierrez Jr. - Damages
D.5 Jonathan S. Quintana - Damages
D.6 Nancy Lou Barvais – Damages
D.7 State Farm Rafael Chavez - Vehicle Damages

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E. SET PUBLIC HEARING
E.1 Request City Council to: 1) Adopt Resolution No. 8276 Approving the Public Improvement Agreement for Public Improvements along East Foothill Boulevard Related to the Precise Plan of Design (PPD) 2021-0043 Located at 534 E. Foothill Boulevard, which is approximately 200 feet east of Acacia Avenue; and 2) Authorize the City Manager or their Designee to Execute all Related Documents.

E.2 Request City Council to: 1) Adopt Resolution No. 8277 Approving the Public Improvement Agreement for Public Improvements along Rialto Avenue and Lilac Avenue Related to the Precise Plan of Design (PPD) 2022-0001 Located at the Northeast Corner of Rialto Avenue and Lilac Avenue; and 2) Authorize the City Manager or their Designee to Execute all Related Documents.

E.3 Request City Council to Adopt Resolution No. 8278, Adopting the Fiscal Year 2024/2025 - 2028/2029 Measure I - Five-Year Capital Improvement Plan and Expenditure Strategy.

E.5 Request City Council to 1) Accept a CEQA Notice of Exemption for the Locust Roadway Widening and Rehabilitati on Project, City Project No. 230812, and 2) Authorize the Interim City Manager or Their Designee to Execute all Related Documents.

E.6 Request City Council to 1) Adopt Resolution No. 8280 Amending the Fiscal Year Budget 2024 -2025 budget to include the alr eady accepted Grant funding from Clean Mobility Options
(CMO/CalStart); 2) Authorize the City Manager to execute all necessary documents.
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Motion by Council Member Baca, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to approve the Consent Calendar. 0o0
City Clerk McGee stated she had just received an oral communications request from Veronica Perez.
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ORAL COMMUNICATIONS

Veronica Perez addressed the City Council related to the war in Gaza.

She is asking the City Council to draft and demand a ceasefire resolution. She stated the City Council has the ability to pass a ceasefire resolution as many other Southern California City Councils have done.
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Mayor Robertson recused herself from TAB 1 and left the dais at 7:11 p.m.
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Mayor Pro Tem Carrizales conducted the proceedings.
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Docusign Envelope ID: 79E1F038-FC7B-4F40-A685-347BB26A4896 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 13, 2024 Page 6

PUBLIC HEARING
TAB 1
Adopt Resolution No. 8281 approving
Substantial Amendment No. 1 to the
2020-2025 Consolidated Plan; Authorize
the City Manager to submit the
Substantial Amendment of the Con Plan
to the U. S. (HUD); Authorize City
Manager to take all actions necessary to
implement programs identified in the
AAP and Con Plan; Adopt Budget
Resolution No. 8282 authorizing the
allocation of HOME funds to the FY 24-25
Fiscal Year Budget with a one-time fund
match
Colby Cataldi, Director of Community Development , and Lizette Montoya, with Avant Garde, presented staff report to Request City Council to 1) Conduct a Public Hearing to solicit public comments from interested citizens; 2) Adopt a Resolution No. 8281 approving Substantial Amendment No. 1 to the 2020-2025 Consolidated Plan and proposed changes to the previously approved FY 2024 -2025 Annual Action Plan; 3) Authorize the City Manager to submit the Substantial Amendment of the Con Plan and changes to the previously approved Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); 4) Authorize the City Manager to take all actions necessary to implement the programs identified in the AAP and Con Plan; 5) Adopt Budget Resolution No. 8282 Authorizing the allocation of $374, 469.26 HOME funds to the FY 24 -25 Fiscal Year Budget with a one-time general fund match of $125,530.74
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Council Member Baca asked how much is the amount being requested.

He asked if there were matching funds.
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Ms. Montoya stated the amount of matching funds is $125,000 and the home allocation would be $374,000.
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Mayor Pro Tem Carrizales asked to hold questions after the presentation and the public hearing is closed.
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Mayor Pro Tem Carrizales asked if anyone from the public w ished to speak.
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No one came forward.
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Motion by Council Member Trujillo, second by Council Member Scott and carried by a 4-1 vote to close the Public Hearing.

Mayor Robertson recused herself.
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Council Member Baca asked how the allocation will impact the City budget.
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Ms. Montoya stated that the $374,000 is the allocation provided by HUD, and it is on reimbursement basis. City staff will be identifying the match-funding source where that will be provided.
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When program parameters are discussed, they can identify the funding source.
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Council Member Baca stated he would like to be updated on what will be the impact the General Fund when matching funds are used and determine if other funds exist to avoid depleting the General Fund. 0o0
Council Member Scott commented that in the ‘90s and early aughts, a similar home landscaping and renovation program existed that provided grants to residents.

He is in full support of the program. He asked that the program focus on the topics they would like to see such as drought -tolerant landscaping and vegetation.

He thanked staff for their work and bringing the Item forward. 0o0
Council Member Trujillo recommended adding trees to the program.

He inquired about the new funding allocation for the senior center loan that has been paid off. He asked if these funds can be from capital projects for CDBG.
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Ms. Montoya stated Federal funds cannot match with other Federal funds. Home funds is a very specifi c use of funding.

CDBG funds have more flexibility.
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Council Member Trujillo asked if these funds could be used for mixed-use projects.
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Ms. Montoya stated they can be used for mixed -use projects that are providing affordable housing.
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Council Member Trujillo asked if they can be used for retail housing project.
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Ms. Montoya stated the units in the retail housing project would have to be very specific and identified as affordable based on a calculation on the number of units being developed to provide the affordable housing. 0o0
Docusign Envelope ID: 79E1F038-FC7B-4F40-A685-347BB26A4896 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 13, 2024 Page 8 TAB 1
Adopt Resolution No. 8281 approving
Substantial Amendment No. 1 to the
2020-2025 Consolidated Plan; Authorize
the City Manager to submit the
Substantial Amendment of the Con Plan
to the U. S. (HUD); Authorize City
Manager to take all actions necessary to
implement programs identified in the
AAP and Con Plan; Adopt Budget
Resolution No. 8282 authorizing the
allocation of HOME funds to the FY 24-25
Fiscal Year Budget with a one-time fund
match
Council Member Trujillo asked because he believes retail housing would be a good model for the community and this would be a great fit for it. 0o0
Ms. Montoya stated this year, the City is set to receive $374,000.

Next fiscal year, the allocation should be $700,000 or more based on population and formula.
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Council Member Trujillo asked if the matching funds can be State or other local funds.
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Ms. Montoya stated it can be State or local but not Federal. 0o0
Council Member Baca asked where the City stands in offering affordable housing. He asked what the City needs to do to make certain affordable housing is available now and, in the future, and comply both Federal and State?
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Director of Community Development Cataldi stated currently there is no policy designed to regulate incoming projects. They’re all market rate.

There is not a lot of affordable options.

One way is to regulate some affordable housing in our residential projects such as inclusionary housing -type ordinance that requires residential developers with some form of offering of affordable units. 0o0
Council Member Baca clarified that the City needs to develop a policy to regulate to offer affordable housing to many people. 0o0
Director of Community Development Cataldi stated for thi s 6th cycle, there are 8000 units and over 50 percent are required to be affordable. 0o0
Council Member Baca stated that land needs to be available to build.

Director of Community Development Cataldi stated that housing si tes are identified in the housing element that will be before the City Council next month for consideration.
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Docusign Envelope ID: 79E1F038-FC7B-4F40-A685-347BB26A4896 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 13, 2024 Page 9 TAB 1
Adopt Resolution No. 8281 approving
Substantial Amendment No. 1 to the
2020-2025 Consolidated Plan; Authorize
the City Manager to submit the
Substantial Amendment of the Con Plan
to the U. S. (HUD); Authorize City
Manager to take all actions necessary to
implement programs identified in the
AAP and Con Plan; Adopt Budget
Resolution No. 8282 authorizing the
allocation of HOME funds to the FY 24-25
Fiscal Year Budget with a one-time fund
match
Motion by Council Member Baca , second by Council Member Trujillo and carried by a 4-0 vote to Adopt a Resolution No. 8281 approving Substantial Amendment No. 1 to the 2020-2025 Consolidated Plan and proposed changes to the previously approved FY 2024 -2025 Annual Action Plan; Authorize the City Manager to submit the Substantial Amendment of the Con Plan and changes to the prev iously approved Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); Authorize the City Manager to take all actions necessary to implement the programs identified in the AAP and Con Plan; Adopt Budget Resolution No. 8282 Author izing the allocation of $374, 469.26 HOME funds to the FY 24 -25 Fiscal Year Budget with a one-time general fund match of $125,530.74.

Mayor Robertson recused herself.
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Mayor Robertson returned to the dais at 7:28 p.m.
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NEW BUSINESS
TAB 2
Accept the Fiscal Year 2022-2023 Audit
Results and Receive and File the Fiscal
Year 2022-23 Financial Report
Mark Alvarado, Interim Finance Director and Riley Greenlee, with LSL,CPAs, presented staff report to Request City Council, Rialto Housing Authority, Rialto Utility Authority and Successor Agency to Accept the Fiscal Year 2022-23 Audit Results and Receive and File the Fiscal Year 2022-23 Financial Report and Related Documents. 0o0
Council Member Trujillo inquired about the citations in the final letter and asked to elaborate on the disagreement over GASB financial statements.
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Mr. Greenlee stated there were no disagreements with management.

They noted the two weaknesses such as material weakness and material noncompliance. Both were addressed and did not alter their opinion.
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Mayor Robertson mentioned on the report’s comments abo ut the difficulties during the audit with the implementation of the new ERP system.

She asked for thoughts and or recommendations on the way ERP was introduced. She asked if ERP should have been implemented at a different time outside of the audit.
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Mr. Greenlee stated there is no good time to implement an ERP system.

There are difficulties and delays that arise with it.
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Interim Finance Director Alvarado stated that in any implementation, the most important aspect is putting the work ahead of time. It needs to be organized and multiple of levels of parallel testing to make certain that every process you’re going to run w hen going live is going to function correctly.

Unfortunately, all practices were not performed before going live and that created difficulties that needed to be resolved while the system was live.

Staff time was pulled that should have been used during the time when the City should have been closing the books, starting with the audit.

That had to be pushed back because resources were focused on the system implementation. That is why the audit timeline was delayed to completing now.
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Council Member Baca asked what is meant by “practices that should have been.”
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Interim Finance Director Alvarado stated when a new system is implemented, multiple processes need to be done daily such as checks. 0o0
Council Member Baca asked who should be responsible.
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Interim Finance Director Alvarado stated it is coordinated by the Finance Director or the Pro ject Manager. The implementation period could be between four to six months. There are many practices that need to b e done on multiple levels. It is an organized front with two or three key people making certain all practices are performed in a timely manner before going live.
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Mayor Robertson appreciated the clarification.
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Interim Finance Director Alvarado stated the City has a good system.

Every day, we are learning more and more and have the support.

Cynthia Alvarado, Director of Community Services, and Ana with AGI presented staff report to Request City Council to: 1) Review and Update the City’s CDBG-CV Programs and Funding Guidelines; and; 2) Provide Staff Direction on initiating an application period for the distribution of CDBG-CV funding to community service organizations.
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Mayor Robertson commented that the unexpended funds were designated for the needs in the community at the time.
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Ms. Ana stated absolutely. This is common in the State and nation. As COVID furthers away, there are different types of needs and uses for funds.
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Mayor Robertson stated that discussion s were made about how to redirect and allocate funds to benefit the community such as touchless water fountains for the public.
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Council Member Baca asked how are applications solicitated. 0o0
Ms. Ana stated it is published in the paper and website and invite current and former participants. She briefly explained the application and selection process.
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Council Member Baca asked about a marketing plan for the application solicitation other than newspaper and website.
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Ms. Ana stated past applicants are emailed inviting them to apply.

Interested nonprofit organizations can receive information. 0o0
Council Member Baca recommend ed developing a marketing plan to inform the public that funds are available for interested new nonprofit organizations to avoid having funds disbursed to the same organizations.
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Docusign Envelope ID: 79E1F038-FC7B-4F40-A685-347BB26A4896 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – August 13, 2024 Page 12 TAB 3
Review CDBG-CV Programs and Funding
Guidelines and provide Staff Direction on
Initiating an application
Mayor Robertson asked how many funds were left due to be expended. 0o0
Ms. Ana stated that $140,000 up until February 2027.
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Mayor Pro Tem Carrizales commented that there is no rush. 0o0
Mayor Robertson stated staff needs direction and recommendations. 0o0
Council Member Trujillo stated that one emphasis was the cost of administering programs based on activities performed. He asked if opening the process would drive up costs.
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Ms. Ana stated they have to administer the process, yes. 0o0
Council Member Trujillo asked if this matter involves soliciting projects for a specific public service such as a food bank program. 0o0
Ms. Ana stated no. The goal is for staff seeking direction to determine if the City Council is open to solicit applications for the unused funds.

They are not identifying uses at this time.
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Council Member Baca asked what happens if all funds are not expended.
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Ms. Ana stated that funds will be returned.
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Mayor Robertson commented that ad hoc meetings had extensive discussions related to broadening the base on the services that would be available for those impacted by COVID. It is not only for food bank purposes. There were other services the public had been indicating they need.

We have to ascertain what the applications bring forward and what kind of services they provide.
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Motion by Mayor Robertson, second by Council Member Scott and carried by a 5-0 vote to Accept the City’s CDBG -CV Programs and Funding Guidelines; and Provide Staff Direction on initiating an application period for the distribution of CDBG-CV funding to community service organizations.
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TAB 4
Approve Fifth Amendment to the
Professional Services Agreement

Tanya Williams, Assistant City Manager, presented staff report to Request City Council/Rialto Utility Authority Board to 1) Approve the Fifth Amendment to the Professional Services Agreement with Dopudja and Wells Consulting for the Rialto Habitat Nature Center in the amount of $244,460 and As-Needed Services/Support Activities in the amount of $600,000, Totaling an Additional Amount of $844,460 ; and 2) Authorize the Interim City Manager to Execute all Related Documents.
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Motion by Council Member Scott, second by Council Member Trujillo and carried by a 5-0 vote to Approve the Fifth Amendment to the Professional Services Agreement with Dopudja and Wells Consulting for the Rialto Habitat Nature Center in the amount of $244,460 and As- Needed Services/Support Activities in the amount of $600,000, Totaling an Additional Amount of $844,460 ; and Authorize the Interim City Manager to Execute all Related Documents.
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TAB 5
Adopt Resolution No. 8283
Public Works Administration Building
Restoration Project

Tim Sullivan, Director of Public Works, presented staff report to Request City Council to 1) Adopt Resolution No. 8283 Amending its Budget for the 2024-2025 Fiscal Year to Authorize a Transfer of $3,250,000 to the Capital Projects Fund and an Appropriation of $3,250,000 for the Public Works Administration Building Restoration Project; 2) Award a Construction Contract to Marcon Engineering, Inc. in the Amount of $3,179,019.25 for the Public Works Administration Building Restoration Project, City Project No. 220201; 3) Authorize a Contract Change Order Request in the amount of $446,366 with Fountainhead Corporation pursuant to the City’s “On -Call” Agreement for Construction Management, Inspection, and Materials Testing Services for the Public Works Administrat ion Building Restoration Project, City Project No. 220201; and 4) Authorize the City Manager or their Designee to Execute all Related Documents.
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Motion by Council Member Baca second by Mayor Robertson and carried by a 5-0 vote to Adopt Resolution No. 8283 Amending its Budget for the 2024-2025 Fiscal Year to Authorize a Transfer of $3,250,000 to the Capital Projects Fund and an Appropriation of $3,250,000 for the Public Works Administration Building Restoration Project; Award a Construction Contract to Marcon Engineering, Inc. in the Amount of $3,179,019.25 for the Public Works Administration Building Restoration Project, City Pr oject No. 220201; Authorize a Contract Change Order Request in the amount of $446,366 with Fountainhead Corporation pursuant to the City’s “On -Call” Agreement for Construction Management, Inspection, and Materials Testing Services for the Public Works Admi nistration Building Restoration Project, City Project No. 220201; and Authorize the City Manager or their Designee to Execute all Related Documents.
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TAB 6
Approve Service Agreement with
National Public Safety Group, LLC for
Project Management Services of the
Police Department’s CAD/RAM System
Upgrade

Mark Kling, Police Chief, presented staff report to Request City Council to: 1) Approve a Service Agreement With National Public Safety Group, LLC, a North Carolina Limite d Liability Company for Project Management Services of the Police Department’s CAD/RMS System Upgrade Through June of 2026 in the Amount of $240,000; 2) Authorize the Interim City Manager or Designee to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and 3) Authorize the Interim City Manager or Designee to Execute All Documents Including Any Changes or Increases in Service.
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Mayor Robertson inquired about the execution of all documents including any changes or increases in service and asked what specific changes in increases in service the report is referring to. 0o0
Police Chief Kling stated they are close to selecting a vendor. The funds will be placed towards the consultancy moving forward with selection of the process. Should increasing purchase order be necessary because of the implementation, then it would not have to return to the City Council and be there already.

He stated that what they experienced with the ERP implementation, they will avoid with PD implementation.
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Mayor Robertson suggested working on a robust, comprehensive plan for drones.
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Police Chief Kling stated the drones are coming.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Approve a Service Agreement With National Public Safety Group, LLC, a North Carolina Limited Liability Company for Project Management Services of the Police Department’s CAD/RMS System Upgrade Through June of 2026 in the Amount of $240,000; Authorize the Interim City Manager or Designee to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and Authorize the Interim City Manager or Designee to Execute All Documents Including Any Changes or Increases in Service. 0o0
Community Services Director of Community Services Alvarado-Crawford gave the report. 0o0
REPORTS The City Council gave their reports.
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ADJOURNMENT Motion by Council Member Trujillo, second by Council Member Carrizales and carried by a 5-0 vote to adjourn the City Council Meeting at 8:16 p.m.
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_________________________________

MAYOR DEBORAH ROBERTSON

ATTEST:

_____________________________
CITY CLERK BARBARA A. McGEE

Docusign Envelope ID: 79E1F038-FC7B-4F40-A685-347BB26A4896

Rialto City CouncilAugust 13, 2024

Rialto City Council
August 13, 2024