City Council

City of Rialto Regular Meeting Tuesday, April 13, 2021 CLOSED SESSION TIME: 5:00 PM OPEN SESSION TIME: 6:30 PM CITY COUNCIL, City of Rialto, acting as Successor Agency to the Redevelopment Agency, RIALTO UTILITY AUTHORITY, RIALTO HOUSING AUTHORITY City Council Mayor Deborah Robertson Mayor Pro Tem Ed Scott Council Member Rafael Trujillo Council Member Andy Carrizales Council Member Karla Perez Barbara A. McGee City Clerk Edward Carrillo City Treasurer Eric Vail Interim City Attorney Sean Grayson Acting City Manager City Council Regular Meeting April 13, 2021 COMPLYING WITH SOCIAL DISTANCING PROTOCOLS, THE CITY COUNCIL WILL BE PARTICIPATING IN THE MEETING FROM REMOTE LOCATIONS VIA TELECONFERENCE WITHIN THE GUIDELINES OF GOVERNOR NEWSOM’S EXECUTIVE ORDER N-29-20. THE CITY COUNCIL CHAMBERS WILL BE CLOSED TO THE PUBLIC INSIDE THE COUNCIL CHAMBERS. MEMBERS OF THE PUBLIC ARE PROVIDED OPPORTUNITIES FOR PUBLIC COMMENT BY SUBMITTING WRITTEN COMMENT TO CITYCLERK@RIALTOCA.GOV OR PROVIDE ORAL COMMENTS VIA ZOOM (5 MINUTE LIMIT). Attend the Meeting via Zoom Webinar: https://zoom.us/j/94152325262. YOU MUST SIGN UP BY 6:30PM THE NIGHT OF THE MEETING, GO TO https://www.yourrialto.com/365/VIRTUAL-CITY-COUNCIL-MEETINGS TO VIEW ONLY Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. Attend the Meeting via Zoom https://zoom.us/j/94152325262. You do not have to speak. LISTEN ONLY Call into the Live Meeting: (669) 900-9128 Webinar ID:941 5232 5262 All agendas are posted in the City Hall Administration Building (150 South Palm Avenue, Rialto) at least 72 hours in advance of the meeting. All writings that relate to an agenda item for an open session of a regular meeting of the City Council distributed to all, or a majority, of the Council Members also shall be made available, at the same time but not sooner than 72 hours before a regular meeting, for public inspection in the Office of the City Clerk located at 290 West Rialto Avenue, Rialto, California (909-820-2519) from 7:00 a.m. to 6:00 p.m., Mondays through Fridays, and on the City’s website at www.yourrialto.com Any person having a question concerning any agenda item may call the City Clerk’s office to make inquiry concerning the nature of the item described on the agenda. Based upon the open meeting laws (the Brown Act), additional items may be added to the agenda and acted upon by the City Council only if it is considered to be a “subsequent need” or “emergency” item and is added by a two-thirds vote. Matters raised under Oral Communications may not be acted upon at that meeting other than as provided above. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Director of Public Works at (909) 421-7279. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CAR 35.102-35.104 ADA Title II). Page 2 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 Next Ordinance No.1659 Next Resolution No. 7725 Called to Order By: ROLL CALL Rialto – Entering a Second Century of Progress • Rialto will be a Family First Community • Rialto Shall Attract High-Quality Development and Improve its Physical Environment • Rialto’s Economic Environment will be Healthy and Diverse • Rialto will be an Active Community All items listed on this agenda are being considered and/or acted upon by the City Council on behalf of the City of Rialto, except for such items as are designated by the “RUA,” “RHA,” which items are being considered and/or acted upon by the Members of the Rialto Utility Authority or Rialto Housing Authority of the City of Rialto in its separate legal capacity . For convenience and ease of administration only, the agendas for each separate legal body have been consolidated herein Page 3 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 5:00 p.m. CLOSED SESSION 1 21-0153 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Thirty-four (34) matters Odila Penaloza & Samantha Goode v. City of Rialto; et al. USDC Case No. 5:19-cv-01642 SBSC Case No.: CIVDS1918930 Lawrence Bender v. City of Rialto; et al. USDC Case No. 5:20-cv-012171 Patricia Delgado, etc. v. City of Rialto; et al. USDC Case No. 5:20-cv-2609-JGB-SHK Jermaine Cornelius Carter v. City of Rialto, et al. Court of Appeal 4th Appellate District, Case No. E075560 SBSC Case No. CIVDS1716566 Ricardo Gomez v. City of Rialto, et al. SBSC Case No. CIVDS2009827 Beatris Chavez v. City of Rialto, et al. SBSC Case No. CIVDS2024244 Pridee Liewsuwanphong v. City of Rialto, et al. LASC Case No. 19STCV45285 Virginia Magana v. City of Rialto, et al. SBSC Case No. CIVDS1937211 MJN Construction v. Margret Juarez; City of Rialto, et al. SBSC Case No. CIVDS1822589 Betty Vitatoe v. City of Rialto, et al. SBSC Case No. CIVDS1922226 George Carranza v. City of Rialto; et al. SBSC Case No. CIVDS1921853 Grace Reyes v. City of Rialto, et al. SBSC Case No. CIVDS1934890 Page 4 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 Leonetta Leban v. City of Rialto, et al. SBSC Case No. CIVDS1916555 Sofia Sauceda; et al., v. Sergio Ruiz; City of Rialto, et al. SBSC Case No. CIVDS1821332 Maria Teresa Zarate v. County of San Bernardino; City of Rialto, et al. SBSC Case No. CIVDS1928217 Daniel Alvarez v. City of Rialto, et al. SBSC Case No. CIVDS2012369 Ashley Marie Blevins v. City of Rialto, et al. SBSC Case No. CIVDS2011961 Aura Perez v. City of Rialto, et al. SBSC Case No. CIVDS2016573 Jennifer D’Angelo v. State of California, et al. SBSC Case No. CIVDS2017947 Melissa Gonzalez, etc. v. City of Rialto, et al. SBSC Case No. CIVDS2019778 Barbara Gillespie, et al. v. Savannah Gonzalez, et al. SBSC Case No. CIVDS2026516 Kairesha Cook, et al. v. Robert Munoz, et al. SBSC Case No. CIVSB2025214 Jonathan Aguirre-Salazar v. City of Rialto SBSC Case No. CIVDS2012385 Jessica Weeda v. City of Rialto, et al. SBSC Case No. CIVDS2017954 Donavan Caver v. City of Rialto, et al. SBSC Case No. CIVDS2017699 City of Rialto v. Adam Fodrey SBSC Appellate Case No. ACRAS2000038 Page 5 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 SBSC Trial Court Case No. MWV170006571 Adam Fodrey v. City of Rialto; et al. USDC Case No. 5:18-cv-02434 City of Rialto v. Rafael Arevalo SBSC Case No. CIVDS1031632 City of Rialto v. Ramon Ruiz, et al. SBSC Case No. CIVDS2001585 Edward Palmer; et al., v. City of Rialto; et al. SBSC Case No. CIVDS1905795 Denise McGowan; et al., v. City of Rialto; et al. SBSC Case No. CIVDS1600332 Mark Camacho v. City of Rialto; et al. SBSC Case No.: CIVDS1600332; Related to Denise McGowan; et al., v. City of Rialto; et al. SBSC Case No. CIVDS1600332 Monica Ortiz, et al., v. City of Rialto; et al. USDC Case No. 5:16-cv-01384; Consolidated with Norma Pena v. City of Rialto, et al. USDC Case No.: 5:16-cv-02070 Lorena Claro; et al., v. City of Rialto; et al., SBSC Case No. CIVDS1803932 2 21-0154 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2) One (1) matter. 3 21-0155 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Interim City Attorney Page 6 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Rafael Trujillo INVOCATION - Jose Vindel - Rialto United Methodist Church City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 21-0130 April 2021 as Child Abuse Prevention Month - Mayor Deborah Robertson ORAL COMMUNICATIONS City Council to consider removing or continuing any items on the agenda NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion in the following form listed. There will be no separate discussion on these items. If discussion is required, the item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. CONSENT CALENDAR A. WAIVE FULL READING OF ORDINANCES The Council hereby waives the full reading of any ordinance to be introduced or approved at this meeting and such ordinance shall be read by title only. B. APPROVAL OF WARRANT RESOLUTIONS B.1 21-0126 Warrant Resolution No.37 (03/25/2021) B.2 21-0127 Warrant Resolution No.38 (04/01/2021) C. CLAIMS AGAINST THE CITY C.1 21-0156 G. Edward Scott - Damages D. MISCELLANEOUS D.1 21-0137 Request City Council to Adopt Resolution No. 7721 Condemning Racism and Acts of Violence Against the Asian Community. Page 7 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 D.2 21-0143 Request City Council to amend the Proposition 47 Memorandum of Understanding (MOU) Agreements with the Community Based Organizations (CBO’s) to Reallocate Resources to Achieve the Pre-established Goals of the Prop 47 Program D.3 21-0116 Request City Council to Approve Resolution No. 7722 to Authorize the City Manager to Execute an Agreement with CalOES for the Temporary Transfer of a Type VI Fire Engine. D.4 21-0144 Request City Council to Authorize the City Manager to Enter into and Execute all Documents Necessary to: (1) Approve a First Amended Contract with Bosco Legal Services, Inc. to Increase the Total “Not-To-Exceed” Amount to $30,000 (from $15,000) to Finalize Services Under the Contract; and (2) Approve a First Amended contract with Van Dermyden Maddux Investigations Law Firm to Increase the Total “Not-To-Exceed” Amount to $30,000 (from $15,000) to Finalize Services Under the Contract. D.5 21-0132 Request City Council Receive and File the July 2020 through February 2021 Treasurer’s Report. D.6 21-0052 Request City Council/Rialto Utility Authority Board Authorize Rialto Water Services to Retain the Services of Duff & Phelps in the Amount of $14,000 to Conduct a Property Insurance Appraisal for the Concession Agreement Wastewater and Water Utility Operations. TAB PUBLIC HEARING TAB1 21-0125 Request City Council to Conduct the Continued Public Hearing and Solicit Public Comments from Interested Citizens to Consider and Approve the City’s Substantial Amendment No. 3 Revised Budget Amounts to CDBG-CV Activities within the 2019-2020 Annual Action Plan. (ACTION) TAB2 21-0147 Request City Council Conduct a Public Hearing to Solicit Public Comments from Interested Citizens to Consider and Approve the City’s Draft Citizen Participation Plan (CPP) Substantial Amendment 2020-2024. (ACTION) TAB3 21-0076 Request City Council to Conduct a Public Hearing on the 2021 Weed Abatement Program and Consider any Objections to Imposing any Abatement Cost Therefore as a Lien Against Parcels that are not in Page 8 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 Compliance with the Ordinance. (ACTION) NEW BUSINESS TAB4 21-0140 Request City Council to Approve a Response to Southern California Association of Governments’ Sustainable Communities Program: Smart Cities and Mobility Innovation Call for Projects with an Application for Two Projects Including a Smart Cities Plan for Warehousing and Logistics and a Smart Mobility Plan for Riverside Avenue and Foothill Boulevard. (ACTION) TAB5 21-0131 Request City Council to 1) Approve an Agreement with Norton Rose Fulbright US LLP for Bond Counsel and Disclosure Counsel Services in the Amount of $119,800; 2) Approve an Agreement with NHA Advisors LLC / Bayshore Consulting Group Inc. for Municipal Advisor Services in the Amount of $109,000; 3) Delegate Authority to the Acting City Manager and City Attorney to Execute the Letters of Engagement and any Required Agreements or Contracts for Norton Rose Fulbright US LLP and NHA Advisors LLC / Bayshore Consulting Group Inc. in Relation to Pension Debt Refinancing; 4) Authorize the Issuance of a Purchase Order in the Not-To-Exceed Amount of $28,000 to Norton Rose Fulbright for Legal Expenses Related to Undertaking a Court Validation Action; and 5) Approve a Pension Obligation Bond Validation Process That Would Allow but not Obligate the City to Issue Pension Obligation Bonds by Adopting Resolution No. 7723 Authorizing the Issuance and Delivery of Pension Obligation Bonds to Refund Certain Outstanding Pension Fund Obligations of the City to the CalPERS System, Approving the Form of and Authorizing the Execution and Delivery of a Trust Agreement, Authorizing a Validation Action, Authorizing Certain Professionals, and Other Related Matters. (ACTION) TAB6 21-0146 Request City Council to Approve Resolution No. 7724 Authorizing the City Manager to Execute Master License Agreements with New Cingular Wireless PCS, LLC (AT&T) and Verizon Wireless for the Placement of Small Cell Wireless Facilities on Municipal Facilities. (ACTION) TAB7 21-0145 Request City Council Authorize Holding GE Capital Corp Medium Term Notes (CUSIP 36962G5J9) in the City’s Investment Portfolio until Maturity. (ACTION) TAB8 21-0118 Request the City Council/Rialto Utility Authority Board Authorize Acceptance of a Grant by the State Water Resources Control Board for the Water Recycling Funding Program for the Benefits of Simultaneous Nitrification and Denitrification and Nano-Bubbles for Potable Reuse of Wastewater Pilot Project in the amount of $370,000 and Approve of an Page 9 Printed on 4/8/2021 City Council Regular Meeting April 13, 2021 Assignment and Assumption Agreement with BDP Envirotech, LLC for Services to Execute the Grant in the Not to Exceed Amount of $360,000. (ACTION) TAB9 21-0119 Request City Council/Rialto Utility Authority Board to Approve a Professional Services Agreement with Dopudja & Wells Consulting, Inc. for Professional Services for Various Water and Wastewater Projects in the Amount of $486,000. (ACTION) TAB10 21-0141 Request City Council to Receive an Update on, Confirm the Continued Existence of, and provide any further direction in relation to the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Outbreak. REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 10 Printed on 4/8/2021