City Council

City of Rialto Regular Meeting Tuesday, May 25, 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 City Attorney Sean Grayson Acting City Manager City Council Regular Meeting May 25, 2021 IN RESPONSE TO THE COVID-19 EMERGENCY, AND IN COMPLIANCE WITH SOCIAL DISTANCING PROTOCOLS REQUIRED BY GOVERNOR NEWSOM’S EXECUTIVE ORDER AND THE STATE DEPARTMENT OF PUBLIC HEALTH, THE CITY COUNCIL CHAMBERS WILL BE OPEN TO THE PUBLIC WITH LIMITED SEATING INSIDE THE COUNCIL CHAMBERS. THE PUBLIC WILL HAVE AN OPPORTUNITY TO SPEAK ON ANY ITEM USING THE PODIUM INSIDE 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/635/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.yourrialtoca.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 5/20/2021 City Council Regular Meeting May 25, 2021 Next Ordinance No.1659 Next Resolution No. 7730 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 5/20/2021 City Council Regular Meeting May 25, 2021 5:00 p.m. CLOSED SESSION 1 21-0297 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code section 54956.9(d)(1) Two (2) related matters: Odila Penaloza & Samantha Goode v. City of Rialto; et al. USDC Case No. 5:19-cv-01642 Odila Penaloza & Samantha Goode v. City of Rialto; et al. SBSC Case No. CIVDS1918930 2 21-0298 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code section 54956.8 Property: That portion of Assessor Parcel Number 0264-152-34 known as Parcels 3, 4, 5 . Agency negotiator: Sean Grayson, Acting City Manager; Eric Vail, City Attorney Negotiating parties: Ayala & 210 Partners, LLC Under negotiation: Price and terms of payment 3 21-0299 PUBLIC EMPLOYEE APPOINTMENT Government Code section 54957 Title: City Manager Page 4 Printed on 5/20/2021 City Council Regular Meeting May 25, 2021 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Pro Tem Ed Scott INVOCATION - Pastor Bob Ruiz - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 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 21-0276 Warrant Resolution No.44 (05/06/2021) B.2 21-0277 Warrant Resolution No.45 (05/13/2021) C. APPROVAL OF MINUTES C.1 21-0278 Special City Council Meeting - March 11, 2021 C.2 21-0279 Regular City Council Meeting - March 23, 2021 Page 5 Printed on 5/20/2021 City Council Regular Meeting May 25, 2021 D. CLAIMS AGAINST THE CITY D.1 21-0280 Rod Foster - Reimbursement E. SET PUBLIC HEARING E.1 21-0232 Request City Council/Rialto Utility Authority Board Set a Public Hearing for June 22, 2021, to Consider Adopting the 2020 Upper Santa Ana River Integrated Regional Urban Water Management Plan. F. MISCELLANEOUS F.1 21-0254 Request City Council to Award a Professional Services Agreement to EcoTierra Consulting, Inc., in an Amount Not-to-Exceed $40,700, for a Peer Review of the Environmental Impact Report for the Birtcher Logistics Center Rialto Project. F.2 21-0256 Request City Council to Authorize a Purchase Order Change Notice to Purchase Order No. 2021-1511 with MuniTemps Municipal Staffing Solutions (MuniTemps) in the Amount of $10,000 to Provide Temporary Staff Support Services in the Finance Department for a Total Purchase Order Amount of $25,000 for the Remainder of Fiscal Year 2020-21. F.3 21-0257 Request City Council Authorize a Bridge Agreement with Rancho Santiago Community College District for Training and Instructional Services. F.4 21-0275 Request City Council to Authorize the Submission of a Grant Application in an Amount Not-To-Exceed $50,000 to the Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Major Disaster and Related Determinations. F.5 21-0253 Request City Council to Approve the Purchase of 35 Mossberg 590A1 Weapon Systems from Proforce Marketing, Inc. in the Amount of $18,780.83. TAB PUBLIC HEARING TAB1 21-0241 Request City Council to Conduct a Public Hearing for the Placement of Liens for Delinquent Refuse Collection Accounts for the Fourth Quarter of 2020; and Adopt Resolution No. 7729 Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Assessor-Recorder-County Clerk. (ACTION) Page 6 Printed on 5/20/2021 City Council Regular Meeting May 25, 2021 NEW BUSINESS TAB2 21-0287 Request City Council Approve a Legal Services Agreement for City Attorney Services with Burke, Williams & Sorensen, LLP and Authorize the Mayor to Execute the Agreement. (ACTION) TAB3 21-0286 Request City Council to Consider and approve the Employment Agreement for Position of City Manager Between the City of Rialto and Marcus Fuller with a Base Salary of $275,000 and Authorize the Mayor to Sign the Agreement. (ACTION) TAB4 21-0258 Request City Council to Approve Urgency Ordinance No. 1659 Repealing Chapter 9.52, Division V, Title 9 of the Rialto Municipal Code Regarding Registered Sex Offenders Restrictions. (ACTION) TAB5 21-0221 Request City Council to 1) Authorize a Purchase Order with CDWG for a Not-To-Exceed Amount of $141,806.67 for the Purchase of Firewalls and Network Switches and 2) Authorize a Purchase Order with Empire Technologies for a Not-To-Exceed Amount of $17,434.98 for the Purchase and Installation of Fiber Cables to Successfully Implement the Voice Over Internet Protocol (VOIP) Phone System. (ACTION) TAB6 21-0243 Request City Council to Authorize the Purchase of a Leica Geosystems Scan Station Forensic 3D Laser Scanner System from Precision Survey Supply LLC in the Amount of $124,936.97. (ACTION) TAB7 21-0269 Request City Council to Authorize the First Amendment to the Professional Services Agreement (PSA) with TKE Engineering for On-Call Professional Engineering Services to Support the Community Development and Public Works Departments for the Remainder of Fiscal Year 2020/2021, in the Amount of $79,600 for a Total Not-To-Exceed Amount of $279,600. (ACTION) TAB8 21-0205 Request City Council Receive a Report on, File and Approve Public Distribution of the 2020 Consumer Confidence Drinking Water Report. (ACTION) TAB9 21-0267 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. Page 7 Printed on 5/20/2021 City Council Regular Meeting May 25, 2021 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 8 Printed on 5/20/2021