City Council

City of Rialto Regular Meeting Tuesday, June 14, 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 June 14, 2022 THE PERSISTENT PRESENCE OF COVID-19, PERIODIC SPIKES IN THE INFECTION RATE, AND THE INTRODUCTION OF NEW COVID VARIANTS REQUIRE THE CITY COUNCIL TO BALANCE THE NEED TO PROTECT PUBLIC HEALTH WITH THE NEED TO CONDUCT THE PEOPLES’ BUSINESS IN AN EFFICIENT AND ORDERLY FASHION. THEREFORE, THE RIALTO CITY COUNCIL HAS ADOPTED RESOLUTION NO. 7885 IN COMPLIANCE WITH THE RALPH M. BROWN ACT TO ALLOW THE COUNCIL TO HOLD MEETINGS AT WHICH MEMBERS OF THE PUBLIC AND COUNCILMEMBERS MAY ATTEND IN PERSON, OR WHERE THEY HAVE A LEGITIMATE HEALTH CONCERN, TO ATTEND REMOTELY. HOW TO ATTEND THE MEETING. MEMBERS OF THE PUBLIC MAY ATTEND THE MEETING EITHER IN PERSON OR REMOTELY. OPPORTUNITIES TO ATTEND THE MEETING REMOTELY ARE DESCRIBED BELOW: (1) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (2) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. (3) Attend the Meeting via ZOOM www.zoom.us/j/89525170072. YOU MUST SIGN UP BY 6:30PM THE NIGHT OF THE MEETING, SEND EMAIL: rialtonetwork@rialtoca.gov. (4) To listen only Call into the Live Meeting: 1 (253) 215-8782 and enter Meeting ID: 895 2517 0072 IN THE EVENT OF A DISRUPTION TO THE BROADCAST OF THE MEETING, OR A DISRUPTION THAT PREVENTS MEMBERS OF THE PUBLIC FROM OFFERING PUBLIC COMMENT IN REAL TIME, THE MEETING WILL BE RECESSED UNTIL REMOTE PUBLIC ACCESS IS RESTORED. HOW TO MAKE A PUBLIC COMMENT. (1) Appear at the meeting and speak during the public comment period. We request the you complete a Public Speaker Form and submit it to the City Clerk before the meeting. (2) If you are attending remotely, you may submit a public comment in writing to the City Clerk by email at CITYCLERK@RIALTOCA.GOV. (3) If you are attending remotely by ZOOM (see instructions above) you may provide oral comments in real time via ZOOM when called upon by the City Clerk there is a 5 minute time limit, HOW TO REVIEW THE AGENDA. 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 OPEN SESSION AGENDA ITEM AT A REGULAR COUNCIL MEETING DISTRIBUTED TO ALL, OR A MAJORITY, OF THE COUNCIL MEMBERS WILL BE MADE AVAILABLE AT THE SAME TIME BUT ATLEAST 72 HOURS BEFORE A REGULAR MEETING, FOR PUBLIC INSPECTION ON THE CITY’S WEBSITE AT www.yourrialto.com AND 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. 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. ITEMS ADDED TO THE AGENDA. CONSISTENT WITH THE RALPH M. 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. NEED ADA ASSISTANCE? 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). Page 2 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 Next Ordinance No.1668 Next Resolution No. 7923 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 6/9/2022 City Council Regular Meeting June 14, 2022 5:00 p.m. CLOSED SESSION 1 22-553 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code section 54956.8 Property: 1284 W. Randall Ave.; APN 0250-261-71 Agency Negotiator: City Manager Marcus Fuller; City Attorney Eric Vail Negotiating Parties: City of Rialto; America Soto Under Negotiation: Price and Terms Sale 2 22-554 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Four (4) matters 3 22-560 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 Page 4 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 6:30 p.m. Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Council Member Andy Carrizales INVOCATION - Acting Minister Marshall Cooper - Rialto Church of Christ City Attorney’s Report on Closed Session PRESENTATIONS AND PROCLAMATIONS 1 22-556 Introduction of new employees by Marcus Fuller, City Manager: Ricky Tankersley - IT Supervisor Jose Angel Garcia Menjivar - IT Network Administrator 2 22-563 S. Riverside Ave. Reconstruction Project Update 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 22-542 Warrant Resolution No.45 (05/26/2022) B.2 22-543 Warrant Resolution No.46 (06/02/2022) B.3 22-544 Warrant Resolution No.47 (06/09/2022) Page 5 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 C. APPROVAL OF MINUTES C.1 22-555 Special City Council Meeting - May 26, 2022 D. CLAIMS AGAINST THE CITY D.1 22-545 Luz Maria Montes Soza & Sergio Santiago Miguel - Wrongful Death D.2 22-547 Rosa Esther Murdoch - Vehicle Damage E. SET PUBLIC HEARING E.1 22-443 Request City Council/Rialto Utility Authority Board to Set a Public Hearing for June 28, 2022, to Receive Public Comment Related to the Placement of Sewer Service Charges on the County Property Tax Roll for Delinquent Accounts. E.2 22-517 Request City Council/Rialto Utility Authority Board to Schedule a Public Hearing for June 28, 2022, to Receive Public Comment and Approve the 2022 Public Health Goals Report and 2021 Consumer Confidence Report on Drinking Water. E.3 22-520 Request City Council to 1) Set a Public Hearing for June 28, 2022, to Conduct a Property Owner Protest Ballot Proceeding; 2) Adopt a Resolution No.7897 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 2022/2023; and to 3) Adopt a Resolution No.7898 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 Assessments Related Thereto Commencing with Fiscal Year 2022/2023. E.4 22-521 Request City Council to: (1) Adopt Resolution No.7899, Adopt Resolution No.7900, and Adopt Resolution No.7901 Related to Street Light Maintenance District No. 1; (2) Adopt Resolution No.7902, Adopt Resolution No.7903, and Adopt Resolution No.7904 Related to Landscape Maintenance District No. 1; (3) Adopt Resolution No.7905, Adopt Resolution No.7906, and Adopt Resolution No.7907, Related to Landscaping and Lighting Maintenance District No. 2; and (4) Set a Public Hearing for July 12, 2022, to Consider the Levy and Collection of Annual Assessments Therein. Page 6 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 F. MISCELLANEOUS F.1 22-512 Request City Council Adopt Resolution No.7908, Adopting a List of Projects for Fiscal Year 2022/2023 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017. F.2 22-518 Request City Council to: (1) Approve the Final Reconciliation of Public Improvement Costs Associated with the Construction Reimbursement Agreement Related to the Laurel/Walnut/Locust Public Improvements; (2) Authorize the City Manager to Close the Laurel/Walnut/Locust Project Improvements Escrow Account and Approve a Transfer of Remaining Funds to the Airport Escrow Account; and (3) Authorize the City Manger to Execute All Documents Relating to the Completion of the Laurel/Walnut/Locust Improvements Project. F.3 22-519 Request City Council to: (1) Approve the Final Reconciliation of Public Improvement Costs Associated with the Construction and Credit Agreement Related to the Medline Distribution Center; and (2) Approve the Final Reconciliation of Public Improvement Costs Associated with the Construction and Credit Agreement Related to the Niagara Bottling Center. F.4 22-522 Request City Council to Adopt Resolution No.7910 Approving the Industrial Disability Retirement of Randall Peterson. F.5 22-527 Request that the City Council to Adopt Resolution No.7911 Approving the Acceptance of the General Fund State Allocation Grant Funds of $1,000,000 for the Rialto Unified School District International Healing Garden Project. F.6 22-528 Request City Council to (1) Approve a Temporary Construction Easement Agreement with Gelonne Stephanie Hunt-Graves for the property located at 520 N. Riverside Avenue, Rialto, CA 92376 (APN:0127-542-01); and (2) Authorize the City Manager to Execute all Documents. F.7 22-538 Request City Council to Adopt Resolution No.7912 to Amend Resolution No. 7766 and 7781 to Identify the Positions Exempt from the City’s Competitive Service Pursuant to Rialto Municipal Code Section 2.50.060. F.8 22-539 Request City Council to: (1) Approve Amendment No. 8 to the Waste Delivery Agreement between the City of Rialto and San Bernardino County, Division of Solid Waste; and (2) Authorize the City Manager to Execute All Documents. Page 7 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 F.9 22-551 Request the City Council of the City of Rialto to Adopt Resolution No.7913 Declaring that Certain 3,000 Square Feet Commercial Parcel Located at 136 S. Riverside Avenue Identified by Assessor’s Parcel Number 0130-241-30 as Surplus Land and Directing the City Manager to Issue a Request for Bids to Auction the Property to the Highest Bidder. F.10 22-557 Request City Council to: (1) Approve a Quitclaim Deed to Convey the City’s Rights, Title and Interest in the Vacated Portion of Maple Avenue in Parcel Map 20152; and (2) Authorize the City Manager to Execute and Record the Quitclaim Deed. TAB PUBLIC HEARING TAB1 22-470 Request City Council to: (1) Conduct a Public Hearing and Take Public Comment, and (2) Adopt Resolution No.7914, Authorizing The Annexation Of Territory To Community Facilities District No. 2016-1 (Public Services) (Annexation No. 5) And Authorizing The Levy Of A Special Tax And Submitting The Levy Of Tax To The Qualified Electors; (3) Adopt Resolution No.7915, Calling A Special Election And Submitting To The Voters Of Annexation No. 5 Of City Of Rialto Community Facilities District No. 2016-1 (Public Services) Propositions Regarding The Annual Levy Of Special Taxes Within Annexation No. 5 To Finance Public Services, And The Establishment Of An Appropriations Limit; (4) Hold A Special Election by Opening Ballots; (5) Following The Election Adopt Resolution No.7916 Making Certain Findings, Certifying The Results Of The Election And Adding Property To Community Facilities District No. 2016-1 (Public Services) (Annexation No. 5). (ACTION) TAB2 22-474 Request City Council to: (1) Conduct a Public Hearing and Take Public Comment, and (2) Adopt Resolution No.7917, Authorizing The Annexation Of Territory To Community Facilities District No. 2016-1 (Public Services) (Annexation No. 6) And Authorizing The Levy Of A Special Tax And Submitting The Levy Of Tax To The Qualified Electors; (3) Adopt Resolution No.7918, Calling A Special Election And Submitting To The Voters Of Annexation No. 6 Of City Of Rialto Community Facilities District No. 2016-1 (Public Services) Propositions Regarding The Annual Levy Of Special Taxes Within Annexation No. 6 To Finance Public Services, And The Establishment Of An Appropriations Limit; (4) Hold A Special Election by Opening Ballots; (5) Following The Election Adopt Resolution No.7819 Making Certain Findings, Certifying The Results Of The Election And Adding Property To Community Facilities District No. 2016-1 (Public Services) (Annexation No. 6). (ACTION) Page 8 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 TAB3 22-548 Request City Council to: (1) Conduct a public hearing and solicit public comments from interested residents; and (2) Adopt Resolution No.7920 Approving Substantial Amendment No. 5 to the 2020-2021 Annual Action Plan for CDBG-CV Activities; and (3) Amend the CDBG-CV Program Guidelines (ACTION) NEW BUSINESS TAB4 22-558 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) Make Findings for Continuing “Hybrid” Public Meetings Pursuant to AB 361; and (3) Provide any Further Direction in Relation thereto (ACTION) TAB5 22-559 Request City Council to Adopt Resolution No.7909 Adopting the Pension Funding Policy and Investment Strategy for the City of Rialto Section 115 Trust. (ACTION) TAB6 22-513 Request City Council to: (1) Award a Contract Services Agreement with Yunex, LLC, a Delaware Limited Liability Company, for Streetlight Maintenance and Repair Services in the Amount of $250,000 Annually with an Initial Term of One Year and Four Additional One Year Terms; (2) Authorize the City Manager Exercise the Annual Extensions Subject to Satisfactory Performance; and (3) Authorize the City Manager to Execute the Agreement and all Related Documents. (ACTION) TAB7 22-525 Request City Council to: (1) Approve Plans and Specifications and Authorize the Release of Request for Bids for the SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808; (2) Authorize a Purchase Order in the amount of $871,224 with Prescience Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for the SR-210/Alder Avenue Interchange Improvement Project, City Project No. 200808; and (3) Authorize the City Manager to Execute All Related Documents. (ACTION) Page 9 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 TAB8 22-540 Request City Council to: (1) Approve Plans and Specifications and Authorize the Release of Request for Bids for the Riverside Avenue Central Reconstruction (Metrolink Tracks to San Bernardino Ave.), Project No. 220804; (2) Authorize a Purchase Order in the Amount of $310,942 with Fountainhead Consulting Corporation, a California Corporation, pursuant to the City’s “on-call” agreement for CM, Inspection, Materials Testing Services for the Riverside Avenue Central Reconstruction, Project No. 220804; and (3) Authorize the City Manager to Execute All Documents. (ACTION) TAB9 22-552 Request City Council to 1) Approve the Contractual Agreement with Jacob Green and Associates for Emergency Management Consulting and Training Services for $261,875.00; and 2) Authorize the City Manager to Execute the Contract and any Related Documents. (ACTION) TAB10 22-508 Request the City Council/Rialto Utility Authority Board: 1) Authorize Submission of a $2,000,000 Grant Application to the United States Bureau of Reclamation’s Drought Resilience Program for the Well 3A Arsenic Treatment Facilities Requiring Local Funding of $2,114,725; 2) Adopt Resolution No.7921 Authorizing the Grant Application, Acceptance, and Execution for the Well “City 3A” Groundwater Treatment System Project through the United States Bureau of Reclamation’s Drought Resilience Program Grant Application; and 3) Adopt RUA Resolution No.04-22 Authorizing the Grant Application, Acceptance, and Execution for the Well “City 3A” Groundwater Treatment System Project through the United States Bureau of Reclamation’s Drought Resilience Program Grant Application. (ACTION) TAB11 22-434 Request City Council to Adopt Resolution No.7922 Establishing and Approving the One-Time Essential Worker Pay for City of Rialto Employees Pursuant to the American Rescue Plan Act. (ACTION) TAB12 22-549 Request that the City Council amend the guidelines for the Rialto Cares Rental/Mortgage/Utility Assistance Program and Small Business Assistance Grants Program (ACTION) Page 10 Printed on 6/9/2022 City Council Regular Meeting June 14, 2022 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 11 Printed on 6/9/2022