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, January 14, 2025
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, January 14, 2025.
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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 Baca called the meeting to order at 5:00 p.m. 0o0
The roll was called, and the following were present: Mayor Joe Baca, Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, Council Member Karla Perez, and Council Member Edward Montoya Jr.
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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CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of Matters: Five (5)
Dominguez/Raya v. City of Rialto,
USDC Case No. ED CV 23-01790 (SPzx)
Ramirez v. City of Rialto
USDC Case No. 5:23-cv-01491-SSS-SHK
Mariela Valadez v. City of Rialto
SBSC Case No. CIVSB 2200927
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 2 CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION (Cont.’)
Womack v. City of Rialto
SBSC Case No. CIVSB 2228153
CCAEJ v. City of Rialto
SBSC Case No. CIVSB 2311760
2. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
Pursuant to Government Code section 54956.9(d)(2)
Significant Exposure to Litigation
Number of Matters: Three (3)
Deborah Robertson - claim for damages
Rialto Springs LLC - threat of litigation
Beatriz Burgos Montoya - claim for damages
3. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)
One (1) position:
Title: City Manager
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Motion by Mayor Pro Tem Carrizales and second by Council Member Scott and by carried by a 4-0 vote to go into Closed Session. 0o0
The City Council went into Closed Session at 5:02 p.m.
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The City Council returned from Closed Session at 6:31 p.m. 0o0
CALL TO ORDER Mayor Joe Baca called the meeting to order at 6:32 p.m. 0o0
OPEN SESSION
The roll was called, and the following were present: Mayor Joe Baca, Mayor Pro Tem Andy Carrizales, Council Member Ed Scott, Council Member Karla Perez and Council Member Edward Montoya Jr.
Also, present were Interim City Manager G. Michael Mil hiser, City Attorney Eric Vail, City Treasurer Edward Carrillo, and City Clerk Barbara McGee.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 3 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: Five (5)
Dominguez/Raya v. City of Rialto,
USDC Case No. ED CV 23-01790 (SPzx)
Ramirez v. City of Rialto
USDC Case No. 5:23-cv-01491-SSS-SHK
Mariela Valadez v. City of Rialto
SBSC Case No. CIVSB 2200927
Womack v. City of Rialto
SBSC Case No. CIVSB 2228153
CCAEJ v. City of Rialto
SBSC Case No. CIVSB 2311760
The City Council had a briefing from legal Counsel. There is no other reportable action.
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED
LITIGATION
Pursuant to Government Code section 54956.9(d)(2)
Significant Exposure to Litigation
Number of Matters: Three (3)
Deborah Robertson - claim for damages
Rialto Springs LLC - threat of litigation
Beatriz Burgos Montoya - claim for damages
The City Council had a briefing from legal Counsel. There is no other reportable action.
3. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)
One (1) position:
Title: City Manager
The City Council had a briefing from legal Counsel. There is no other reportable action.
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Pledge of Allegiance and
Invocation
Council Member Ed Scott gave the pledge of allegiance.
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Pastor Harry Bratton – Greater Faith Grace Bible Church. 0o0
Mayor Baca asked for a moment of silence for those impacted by the Los Angeles wildfires.
Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 4 Mayor Baca requested an Emergency Disaster Plan be included in the General Plan.
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PRESENTATIONS AND
PROCLAMATIONS
1. Presentation - SCE Power Safety Power Shutoff (PSPS) Tim Sullivan, Public Works Director
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ORAL COMMUNICATIONS
Janel Ruiz, Representative with SoCal Gas, introduced herself to the City Council as the new Public Affairs Manager and direct contact representative.
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Marlandra Johnson field representative with Supervisor Baca Jr.’s office, informed the City Council on the Point in Time Count event taking place January 23rd, 2025. They are seeking volunteers. 0o0
Christopher Cota addressed the City Council related to Margaret Todd Park’s lack of proper lighting and water fountain s, proper trash and recycling bins and operating cameras for safety purposes. 0o0
Ana Gonzalez addressed the City Council related to the Climate Action Plan and her experience and observations after her visit to the City of Altadena and the potential the City of Rialto has being in the same predicament after a disaster. She asked the City Council to take a proactive approach to prepare for these climate disasters. 0o0
City Council to Consider removing or
continuing any items on the agenda Council Member Scott asked to pull Item F.4 for a separate discussion. 0o0
Mayor Baca stated a correction needed to be made on Item E.1.
He asked to change the name from “Joseph” Baca to “Joe” Baca. 0o0
F. 4
Professional Services Agreement to Bureau
Veritas North America, Inc., Onward
Engineering, and SPECS Engineering Group,
Inc.
Council Member Scott asked if the contracts can be held over to the next City Council meeting.
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Mr. Cervantes stated yes.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 5 F. 4
Professional Services Agreement to Bureau
Veritas North America, Inc., Onward
Engineering, and SPECS Engineering Group,
Inc.
Council Member Scott clarified if the City Council need not act on the contracts tonight.
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Mr. Cervantes stated yes. They do not have to be acted upon tonight. 0o0
Council Member Scott stated that the City Council has repeatedly asked that the City end some of the contract relationships with companies and hire employees in the City either in Development Services or Public Works.
He requested a report from Public Works and Human Resources to fill positions to take the place of on-call inspectors.
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Director of Public Works Sullivan stated he will prepare the report. 0o0
Council Member Scott asked that this Item be carried over to the January 28, 2025 City Council meeting.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to move Item to the January 28, 2025 City Council meeting.
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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. 23
B.2 Warrant Resolution No. 24
B.3 Warrant Resolution No. 25
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C. APPROVAL OF MINUTES
C.1 Regular City Council Minutes – December 10, 2024
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 6 CONSENT CALENDAR D. CLAIMS AGAINST THE CITY – FOR INFORMATION ONLY D.1 Marco Torres
D.2 Maida Barrios
D.3 Leila Deborah Robertson
D.4 Jose Aiden Barajas (minor)
D.5 David Vance Rojas
D.6 Beatriz Burgos Montoya
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E. SET PUBLIC HEARING
E.1 Request City Council to 1) Set a Public Hearing for February 11, 2025, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt Resolution No. ----8312 Initiating the Proceedings for the Annexation of Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and to Levy and Authorize Collection of Assessments Commencing with Fiscal Year 2024/2025; and to 3) Adopt Resolution No. 8313 Declaring the Intention to Annex Properties to the Rialto Landscaping and Lighting Maintenance District No. 2 and Conduct a Property Owner Protest Ballot Proceeding On The Matter of the New Assessmen ts Related Thereto Commencing with Fiscal Year 2024/2025.
E.2 Request City Council to Set a Public Hearing for February 11, 2025, to consider (1) Specific Plan Amendment No. 2022 -04, and Environmental Assessment Review No. 2024 -002, a request to amend the Foothill Central and Central Specific Plan Areas. The Proposed Project will update and combine the existing Foothill Boulevard Specific Plan and Central Area Specific Plan into the Foothill Central Specific Plan (Proposed Project). The Project if approved, would increase the allowable residential density within the Foothill Central Area and provides updates to the development guidelines for this area while preserving existing land uses (2) and Foothill Boulevard Specific Plan Mitigated Negative Declaratio n prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
E.3 Request City Council To Set A Public Hearing For February 25, 2025, To Consider And Approve Substantial Amendment No. 8 Revising Budget Amounts To CDBG-CV Activities Within The City’s 2020-2021 Annual Action Plan.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 7
CONSENT CALENDAR
F. MISCELLANEOUS
F.1 R equest City Council to 1) Adopt Resolution No. 8314 Amending the 2024-2025 Fiscal Year Budget; 2) Accept the 2024 Justice Assistance Grant (JAG) in the Amount of $36,200; and 3) Authorize the City Manager or his Designee to Execute all Documents Associated with This Grant. This Grant Requires no Local City Match.
F.2 R equest City Council to: 1) Award Professional Services Agreements with Black O’dowd and Associates, Inc. DBA BOA Architecture, Miller Architectural Corporation, and SVA Architects Inc. for On -Call Professional Architectural Services; and 2) Authorize the Interim City Manager or Their Designee to Execute All Related Documents.
F.3 Request City Council to Select and Confirm the Mayor’s Appointments of Council Members to Internal and Ex ternal Committees.
F.4 Request City Council to: 1) Award Professional Services Agreements to Bureau Veritas North America, Inc., Onward Engineering, and SPECS Engineering Group, Inc. for On -Call Professional Construction Management, Inspection, and Materials Testing Services; and 2) Authorize the City Manager or Their Designee to Execute All Related Documents.
F.5 Request City Council to Approve a Professional Services Agreement with HR Dynamics & Performance Management for Executive Search Services & Organizational Development in an amount not to exceed $75,000.
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Motion by Council Member Scott, second by Council Member Perez and carried by a 5-0 vote to approve the Consent Calendar. 0o0
PUBLIC HEARING
TAB 1
Conduct a Public Hearing for the
Placement of Liens for Delinquent Refuse
Collection Accounts for the 2nd Quarter
of 2024; Adopt Resolution No. 8315
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 2nd Quarter of 2024; and 2) Adopt Resolution No. 8315 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Close the Public Hearing.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 8 TAB 1
Conduct a Public Hearing for the
Placement of Liens for Delinquent Refuse
Collection Accounts for the 2nd Quarter
of 2024; Adopt Resolution No. 8315
Motion by Council Member Scott, second by Council Member Perez and carried by a 5-0 vote to Adopt Resolution No. 8315 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk.
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TAB 2
Conduct a Public Hearing to receive
community feedback; approve the
naming of the Rialto Habitat Nature
Center to the “Dr. June Hayes and
Deborah Robertson Habitat Nature
Center
Cynthia Alvarado, Director of Community Services, presented staff report to Request City Council to 1) Conduct Public Hearing to receive community feedback and 2) Approve the naming of the Rialto Habitat Nature Center to the “Dr. June Hayes and Deborah Robertson Habitat Nature Center
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Motion by Council Member Scott, second by Council Member Montoya and carried by a 5-0 vote to Close the Public Hearing.
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Public Comment Brenda Parker addressed the City Council related to the naming of the Rialto Habitat Nature Center. She suggests the City Council consider using another building to name June Hayes.
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Linda Chapman addressed the City Council related to the naming of the Rialto Habitat Nature Center. She believes the Rialto Habitat Nature Center should be named under Deborah Robertson only.
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Council Member Scott emphasized that he is the one who made the recommendation to name the Habitat in honor of June Hayes and Deborah Robertson. It is not a building. It is a habitat itself. Both were very instrumental in raising money for the habitat through both of their agencies and he appreciates the hard work both have done for the City as well as the habitat. Without their assistance, the habitat would not have been proposed.
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Motion by Council Member Scott, second by Mayor Pro Tem Carrizales and carried by a 5-0 vote to Approve the naming of the Rialto Habitat Nature Center to the “Dr. June Hayes and Deborah Robertson Habitat Nature Center.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 9 TAB 3
Appointment of a Mayor Pro Tem
Barbara McGee, City Clerk, presented staff report to Request City Council to Concur with the Appointment of a Mayor Pro Tem. 0o0
Mayor Baca asked for nominations from members of the City Council. 0o0
Council Member Montoya believes TAB 3 and TAB 4 are out of order.
He believes TAB 4, the rotational process, should be discussed first before appointing a Mayor Pro Tem.
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City Attorney Vail stated the City Council has discretion in the order of Items. It is entirely up to the Mayor and City Council which way to proceed.
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Motion by Council Member Perez, second by Council Member Montoya and carried by a 5-0 vote to Appoint Ed Scott as Mayor Pro Tem. 0o0
TAB 4
Consider a New Rotational Process for
the Selection of Mayor Pro-Tem based on
Seniority
Barbara McGee, City Clerk, presented staff report to Request City Council to Consider a New Rotational Process for the Selection of Mayor Pro-Tem Based on Seniority.
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Mayor Baca stated there is no procedure currently in place and briefly explained the rotational process based on seniority.
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City Attorney Vail stated the City can do this by resolution or by ordinance. If by resolution, it can be on the next agenda as a discussion item or a consent calendar Item.
If by ordinance, there will need a first and second reading and go into the municipal code then change the municipal code.
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Mayor Baca stated that if by resolution, it can circumvent that process and change the rotation process by vote.
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Council Member Perez believes a resolution is the best option and made a motion.
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Motion by Council Member Perez, second by Mayor Baca and carried by a 5-0 vote to a New Rotational Process for the Selection of Mayor Pro-Tem Based on Seniority through a resolution.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 10 TAB 5
Consider Draft Ordinance to fill vacant
elected offices and provide direction to
the City Attorney
Eric Vail, City Attorney, presented staff report to Request City Council to Consider Draft Ordinance to fill vacant elected offices and provide direction to the City Attorney necessary to finalize the ordinance. 0o0
Public Comment Charmaine Chapman-Morehead addressed the City Council in support of the draft ordinance to fill vacant elected offices.
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Brenda Parker addressed the City Council in support of the draft ordinance to fill vacant elected offices and recommends the City Council vote in favor of it.
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Ana Gonzalez addressed the City Council in support of the draft ordinance to fill vacant elected offices.
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Robert Solis Jr. addressed the City Council in opposition of the draft ordinance to fill vacant elected offices and recommends either a Special Election or the current system in place.
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Christopher Cota addressed the City Council to make comments on TAB 5.
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Linda Chapman addressed the City Council in support of the draft ordinance to fill vacant elected offices. She asked the City Council to vote for the next highest vote-getter in the ordinance out of fairness. 0o0
Mayor Baca stated he is the one that asked that this item be brought before the City Council and he thanked members of the public who brought this forward.
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Council Member Perez recommends going as far back to a third candidate when there is an open seat during that election.
She agreed with public member’s comments that a year later things can change and at that point, it should be appointment-based. 0o0
Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 11 TAB 5
Consider Draft Ordinance to fill vacant
elected offices and provide direction to
the City Attorney
Mayor Pro Tem Scott stated that the policy of the City has always been to appoint or have a Special Election.
If necessary, the City Council has the right to change that policy.
He supports the current policy, but he is open to what the City Council decides to do.
He stated that public member comments had good reasoning especially in reference to the vacancy of a City Clerk or City Treasurer in their fourth year, and to return to the previous election four years prior does not make sense. That position should be filled by an appointment. If we want to change this process where we appoint the next highest vote-getter – if Council is open to that, then we will all be open to that.
The issue is t hat the appointment was not to the vacancy that was up for election. The seat that was up for election was Rafael Trujillo’s seat, and there was no other open seat. Had Mayor Baca not defeated Mayor Robertson, he would have remained in his existing seat.
He does not see a legitimate reason to go to the highest vote -getter.
He would prefer to go to a Special Election, but there was no support to go to a Special Election.
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Mayor Joe Baca stated he understands the complications involved if the elected position was in reference to the City Clerk. But this is in reference to a City Council seat and not a City Clerk or any other position.
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City Attorney Vail clarified that the ordinance drafted pertains to any elected official including City Clerk and City Treasurer.
If those two were excluded from the ordinance, then you’d follow State law which would give you the requirements of filling by special appointment or Special Election. They can be taken out. 0o0
Mayor Baca made a motion to accept the ordinance.
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Council Member Perez stated different scenarios were mentioned, so which would be the discussion.
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Mayor Baca asked if it would still have to return before the City Council and corrections made to the ordinance.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 12 TAB 5
Consider Draft Ordinance to fill vacant
elected offices and provide direction to
the City Attorney
City Attorney Vail stated that the ordinance as drafted currently would require the City Council to fill a vacancy in the last two years of the term.
Under State law, there is no option. In the first two years, y ou have to have a Special Election. Cannot change that.
So we are talking about to a vacancy on year three or four. This ordinance would say that if a vacancy happens in year three or four, automatically, the person who is the second highest vote-getter for that office, rather it’s a Council Member, Mayor or Clerk or Treasurer, would automatically be appointed – assuming they’re eligible.
Under State law, you have to be a resident of the City and a register ed voter. The y also have to agree to do it and be alive. If they’re not eligible, they refuse, or not alive any more, th en it would automatically go to the third highest vote-getter.
After the third highest, the way the ordinance is drafted now, it defaults to State law which would allow the City Council to appoint or go to Special Election.
If you want something to happe n after you go through the second and third, I need to know what that is. I t could be to go to the fourth. Keep in mind, you will be looking at the third or fourth year of the term. 0o0
Council Member Perez stated that for the City Council position, the City Council would have had a more recent election because it is every two years.
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City Attorney Vail stated this is a unique circumstance. 0o0
Council Member Perez stated that in the instance for City Treasurer or City Clerk, can it read differently since that term is every four years. 0o0
City Attorney Vail stated that every term is for four years even if you are having different elections.
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Mayor Baca stated that the vacancy only occurred because the vacancy he had had two years remaining and since he was elected for Mayor , then there was an opportunity to appoint the third highest vote or make an appointment.
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Council Member Perez stated she understood and clarified that public comments’ point was for the most recent election not prior elections.
In that circumstance, it would have been in the most recent election.
For City Treasurer and City Clerk, there won’t be an election in the span of four years.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 13 TAB 5
Consider Draft Ordinance to fill vacant
elected offices and provide direction to
the City Attorney
Mayor Baca stated correct. Should a death or resignation occur, then this motion would allow the City Council to possibly appoint the third or fourth highest vote-getter that ran in the last election. 0o0
City Attorney Vail stated second or third. If it is related to the position of City Clerk or City Treasurer, it would go to the most recent election, which would have been four years ago. Or in this case, two years ago. 0o0
Mayor Baca stated they just ran now.
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City Attorney Vail stated that would be the most recent. 0o0
Mayor Pro Tem Scott stated then it would go to a Special Election. 0o0
City Attorney Vail stated yes. If they did two more terms, then you would look at this most recent election two years from now.
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Mayor Baca stated yes, Brenda.
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Brenda Parker addressed the City Council to clarify the ordinance. In the event of an election as the one that just passed, there was a vacant seat. One seat was won and another still available. The person that received the next highest vote, should hav e been the person that filled that seat. That’s all it is. It does not make a difference who that person is.
In reference to the other Offices, she is not certain how the ordinance was redrafted. The ordinance was drafted to make it very simple and straight to the point with transparency, honesty and clarity and the democratic process back to Rialto to the voices of the people. It is not to try to manipulate …..
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 14 TAB 5
Consider Draft Ordinance to fill vacant
elected offices and provide direction to
the City Attorney
Mayor Baca stated that a point of order has been called. 0o0
Mayor Pro Tem Scott stated that the community has been given an opportunity to speak.
The City Council is supposed to be having a discussion amongst themselves to make a decision.
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Brenda Parker stated there was a Council Member who needed clarity. 0o0
Mayor Pro Tem Scott emphasized that is up to the City Attorney to give clarity.
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Mayor Baca appreciates the audience comments, but Mayor Pro Tem Scott is correct.
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Council Member Perez emphasized that the City Council was permitted to discuss different scenarios. She understands and was only acknowledging all concerns and discussing different scenarios. 0o0
City Attorney Vail stated that the reason he went to the second and third and another contingency is because he understood City Council comments and comments from the community, they did not want a free, open interview and appointment process.
If the ordinance that was put forward by the community was adopte d, you go to the second vote-getter. And if there is no second vote-getter or they refuse or they died or moved away, State law says it comes back to the City Council to appoint.
To avoid that situation, we went to the third, which would be the second, then the third highest vote-getter which is what the community had been saying and I just wrote it out that way. And now I am saying, people die, people move, people refuse to do things, they have health issues, second or third vote-getters may not want to fill the position. We need to explain what is going to happen.
If we do not include anything in the ordinance, it will fall back on State law. State law says it is an appointment process like the City Council went through or a Special Ele ction if you are close enough to a Special Election.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 15 TAB 5
Consider Draft Ordinance to fill vacant
elected offices and provide direction to
the City Attorney
Mayor Baca stated we do not have a choice. Either we accept this or return to an appointment or Special Election.
He made a motion and asked if there is a second.
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Motion by Mayor Baca , second by Council Member Perez and Item failed by a 2-3 vote to Consider Draft Ordinance to fill vacant elected offices and provide direction to the City Attorney necessary to finalize the ordinance. Ordinance does not move forward.
The vote was AYES: Mayor Baca and Council Member Perez.
NOES: Mayor Pro Tem Scott, Council Member Carrizales,
Council Member Montoya, Jr. ABSTAIN: None. ABSENT: None. 0o0
TAB 6
Approve Purchase of Two (2) F-150 XLT
4x4 Hybrid Pickup Trucks, Equipment
Modifications and Installation of
Emergency Equipment
Brian Park, Fire Chief, presented staff report to Request City Council to 1) Approve the Purchase of Two (2) F -150 XLT 4x4 Hybrid Pickup Trucks, Equipment, Modifications , and Installation of Emergency Equipment for a Total Cost of $250,478.86, 2) Authorize the Interim City Manager or Designee to Execute All Documents.
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Motion by Mayor Pro Tem Scott, second by Council Member Carrizales and carried by a 5-0 vote 1) Approve the Purchase of Two (2) F-150 XLT 4x4 Hybrid Pickup Trucks, Equipment , Modifications , and Installation of Emergency Equipment for a Total Cost of $250,478.86, 2) Authorize the Interim City Manager or Designee to Execute All Documents.
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CONSENT CALENDAR
City Clerk McGee referenced Item F 3. Appointments of Council Members to Internal and External Committees on the Consent Calendar and reminded the City Council that she will be composing letters to the respective agencies indicating which Council Members will be the permanent and alternate rep resentatives for each individual agency as of tomorrow.
CLOSED SESSION Motion by Mayor Pro Tem Carrizales, second by Council Member Perez and by carried by a 5-0 vote to go into Closed Session. 0o0
The City Council went into Closed Session at 8:15 p.m.
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OPEN SESSION The City Council returned from Closed Session at 8:40 p.m. with all members present.
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Docusign Envelope ID: 1E15CE94-9DA1-4F61-A740-6EF04FEAD7F1 ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Rialto City Council Meeting Minutes – January 14, 2025 Page 16 City Attorney’s Report on
Closed Session
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED
LITIGATION
Pursuant to Government Code section 54956.9(d)(2)
Significant Exposure to Litigation
Number of Matters: Three (3)
Deborah Robertson - claim for damages
Rialto Springs LLC - threat of litigation
Beatriz Burgos Montoya - claim for damages
City Attorney Vail stated there was one Item of anticipated litigation.
The City Council completed the Item and gave direction to the City Attorney. There is no other reportable action.
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Mayor Baca suggested Oral Communications time allowance be changed to three minutes versus five minutes. He asked if a motion needed to be made.
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City Attorney Vail stated the City has an existing procedural rule allowing the public five minutes and the right to address the City Council. The procedure would need to be modified to three minutes. A resolution can be brought before the City Council at the next meeting. 0o0
City Clerk McGee stated she plans to bring the resolution before the City Council with all the request ed items made by Mayor Baca at the January 28, 2025 City Council meeting.
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Community Services Director of Community Services Alvarado gave the report. 0o0
Fire Department Fire Chief gave an update on the regional fire efforts with a Public Service Announcement.
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REPORTS Council Members gave their report.
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ADJOURNMENT Motion by Council Member Perez, second by Mayor Pro Tem Scott and carried by a 5-0 vote to adjourn the City Council Meeting at 9:04 p.m. 0o0
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MAYOR JOE BACA
ATTEST:
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CITY CLERK BARBARA A. McGEE
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