City Council

City of Rialto Regular Meeting - Final Tuesday, May 10, 2022 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 Marcus Fuller City Manager City Council Regular Meeting - Final May 10, 2022 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. Watch live streaming 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. 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 Maintenance & Facilities 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). Next Ordinance No.1668 Next Resolution No.7881 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 2 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 5:00 p.m. CLOSED SESSION 1 22-422 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) One (1) matter: 1. Monica Ortiz, et al., v. City of Rialto; et al. USDC Case No. 5:16-cv-01384 2 22-423 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code section 54956.9(d)(2) Number of matters: Three (3) matters. 3 22-424 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code section 54957.6 Labor Negotiator: Marcus Fuller, Arron Brown, Al Ford Employee Organizations: · Executive Management Team · Management Unrepresented Employees · Rialto City Employee’s Association (RCEA) · Rialto Mid-Management & Confidential Employee’s Association (RMMA) · Rialto Fire Management Association (RFMA) · Rialto Police Benefit Association - Management · Rialto Police Benefit Association - General · Rialto Professional Firefighters of California - Local 3688 · Unrepresented Employees 4 22-425 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) Title: City Manager Page 3 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Deborah Robertson INVOCATION - Pastor Javier Reyes - Calvary Chapel Rialto City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 22-426 Introduction of new employee by Marcus Fuller, City Manager: Jennifer Cantlay - Administrative Analyst 2 22-410 Certificate of Recognition - Rialto High School Student Jacqueline Martinez - Council Member Andy Carrizales 3 22-402 In Memoriam - Dr. Lugenia Horton - Council Member Rafael Trujillo 4 22-414 Proclamation - Fatherhood Awareness Month - June 2022 5 22-427 Presentation - San Bernardino Valley Municipal Water District’s Revenues - June Hayes, Vice-President of the Board of Directors 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. Page 4 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 B. APPROVAL OF WARRANT RESOLUTIONS B.1 22-428 Warrant Resolution No.41 (04/28/2022) B.2 22-429 Warrant Resolution No.42 (05/05/2022) C. APPROVAL OF MINUTES C.1 22-361 Regular City Council Meeting - April 12, 2022 CLAIMS AGAINST THE CITY C.2 22-430 Miguel Valencia - Personal Injury E. MISCELLANEOUS E.1 22-375 Request City Council to (1) Adopt Resolution No.7872 Amending the 2021-2022 Fiscal Year Budget; (2) Accept the Fiscal Year 2019 Homeland Security Grant Program (HGSP) in the Amount of $23,885; and (3) Authorize the City Manager to Execute all Documents. E.2 22-390 Request City Council to Receive and File for Future Audit the Treasurer ’s Monthly Reports for the month end of March 2022. E.3 22-391 Request City Council to (1) Adopt Resolution No.7873 Amending the 2021-2022 Fiscal Year Budget; (2) Accept 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $28,401; (3) Approve the Inter-local and Subrecipient Agreements with the County of San Bernardino; and (4) Authorize the City Manager to Execute all Documents. E.4 22-400 Request City Council to: (1) Approve a Declaration of Covenants, Conditions, and Restrictions to Install Street Improvements Upon Notice by and between the City of Rialto and POG Enterprises, LLC, a California limited liability company, for the Property located at 906 S. Riverside Avenue, to Defer Widening of Riverside Avenue; and (2) Authorize the City Manager to Execute All Documents. E.5 22-405 Request City Council to: (1) Approve Limited Conflict Waiver with Cox, Castle & Nicholson LLP related to special water contamination counsel services; and (2) Authorize the City Manager to execute the document. Page 5 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 E.6 22-408 Request City Council to: (1) Authorize the City Manager to Enter into a Reimbursement Agreement in the amount of $200,000 for Preliminary Engineering Services with the Union Pacific Railroad Company for the I/10 Riverside Avenue Interchange Phase 2 Project, City Project No. 140813; and (2) Authorize the City Manager to Execute All Documents. E.7 22-409 Request City Council Adopt Resolution No.7874 Approving Tract Map 20199 for the Subdivision of Land into Fifty-Six (56) Residential Lots and Ten (10) Lettered Lots for Private Streets, Common Open Space, Landscaping, and Stormwater Detention and Approve the Associated Subdivision Improvement Agreement. E.8 22-412 Request City Council to: (1) Approve a Grant Contract in the amount of $177,952 with the California Department of Parks and Recreation for Funding Under 2018 Parks Bond Act Per Capita Grant Program; (2) Approve a Grant Contract in the amount of $65,422 with the California Department of Parks and Recreation for Funding Under 2018 Parks Bond Act Per Capita Grant Program; and (3) Authorize the City Manager to Execute All Documents. E.9 22-421 Request City Council Adopt Resolution No.7875, Repealing and Replacing City Resolution No. 7569, Clarifying the Health and Welfare Benefits and Expense Reimbursements to which the City’s Elected Officials are Entitled. TAB PUBLIC HEARING TAB1 22-392 Request City Council to Conduct a Public Hearing Regarding the Proposed Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2; Request City Council to Adopt Resolution No.7876 Declaring the Results of the Property Owner Protest Ballot Proceedings Conducted for the Proposed Levy of Assessments Related to the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, Commencing in Fiscal Year 2022/2023; and Request City Council to Adopt Resolution No.7877 Confirming the Engineer’s Report Regarding the Annexation of Territory to the Rialto Landscaping and Lighting Maintenance District No. 2, the Levy of Annual Assessments Described Therein, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments Commencing in Fiscal Year 2022/2023 for said Annexation. (ACTION) Page 6 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 TAB2 22-416 Request City Council to: (1) Reopen the Public Hearing and Solicit Public Comments from Interested Citizens; and (2) Adopt Resolution No.7878 Approving Substantial Amendment No. 5 Revising Budget Amounts to the 2020-2021 Annual Action Plan for CDBG-CV Activities. (ACTION) NEW BUSINESS TAB3 22-411 Request City Council to: (1) Receive an Update on and Confirm the Continued Existence of the Local Emergency Throughout the City of Rialto in Response to the COVID-19 Pandemic; (2) Provide any Further Direction in Relation thereto. (ACTION) TAB4 22-350 Request City Council, Rialto Housing Authority, Rialto Utility Authority, and Successor Agency to Accept, Review, and file the Fiscal Year 2020-2021 Annual Comprehensive Financial Report and Related Documents. (ACTION) TAB5 22-401 Request City Council to: (1) Award a Construction Contract to Calmex Engineering, Inc., a California corporation, in the amount of $9,600,520.00 for Reconstruction of Riverside Avenue from I-10 to the Southern City Boundary, City Project No. 180807; (2) Approve the First Amendment to the Professional Services Agreement with Southstar Engineering and Consulting, Inc. in the Amount of $1,143,369.12 for Construction Management Support Services; (3) Delegate Authority to the City Manager to Approve Contract Change Orders in a Cumulative Amount Not to Exceed $480,000; and (4) Authorize the City Manager to Execute All Documents. (ACTION) TAB6 22-333 Request City Council to Approve the Renewal of a Five-Year Contract with the San Bernardino County Fire Department for Household Hazardous Waste Collection Services for FY2022/2023 in the amount of $140,461.76; for FY2023/2024 in the amount of $145,455.76; FY2024/2025 in the amount of $151,008.71; FY2025/2026 in the amount of $157,166.53 and FY2026/2027 in the amount of $163,981.19 for a total Five-Year Cumulative amount of $758,073.95, and Authorize the City Manager to Execute All Related Documents on behalf of the City. (ACTION) Page 7 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 TAB7 22-399 Request City Council to (1) Authorize the Submission of an Active Transportation Program (ATP) Cycle 6 Grant Application to the California Department of Transportation (Caltrans) in the Amount of $7.5 million Requiring a Local Match of $750, 000 for the Pacific Electric Trail Extension, City Project No. 200811; and (2) Authorize the City Manager to Execute all Documents. (ACTION) TAB8 22-419 Request City Council to: (1) Formally Approve and Ratify the Collective Bargaining Memorandum of Understanding (MOU) by and between the City of Rialto and the Rialto Mid-Management & Confidential Employee Association (RMMA) for the Period Covering July 1, 2021, through June 30, 2023; and (2) Authorize the City Manager to Execute the MOU. (ACTION) TAB9 22-418 Request City Council to: (1) Formally Approve and Ratify the Collective Bargaining Memorandum of Understanding (MOU) by and between the City of Rialto and the Rialto City Employees’ Association (RCEA) - General Unit for the Period Covering July 1, 2021, through June 30, 2023; and (2) Authorize the City Manager to Execute the MOU. (ACTION) TAB10 22-420 Request the City Council to: (1) Adopt Resolution No.7879 Amending the Fiscal Year 2021-22 Fiscal Budget, and (2) Adopt Resolution No.7880 Updating the Citywide Classification and Compensation Plan Table for Full-Time and Part-Time Employees, Revising the Authorized Budgeted Positions for Fiscal Year 2021-22, and Implementing Revisions to the Executive Employees Benefits Profile and the Unrepresented Management Employees Benefits Profile. (ACTION) TAB11 22-404 Request City Council to: (1) Receive a Presentation on the Draft Fiscal Year 2022-2023 Budget; (2) Provide Direction to Staff as Appropriate; and (3) Schedule a Public Hearing for May 26, 2022, to Consider Adoption of the Fiscal Year 2022-2023 Budget. REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: Page 8 Printed on 5/9/2022 City Council Regular Meeting - Final May 10, 2022 ADJOURNMENT Page 9 Printed on 5/9/2022