City Council

City of Rialto Council Chambers 150 S. Palm Ave Rialto, CA 92376 Regular Meeting Tuesday, August 13, 2024 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 Andy Carrizales Council Member Rafael Trujillo Council Member Ed Scott Council Member Joe Baca Barbara A. McGee City Clerk Edward Carrillo City Treasurer Eric Vail City Attorney G. Michael Milhiser, Interim City Manager City Council Regular Meeting August 13, 2024 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 AT LEAST 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., MONDAY THROUGH THURSDAY. 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). HOW TO ATTEND THE MEETING. (1) Members of the public may attend the meeting in person. (2) Watch live steaming video of the Meeting at https://www.yourrialto.com/183/Rialto-Network (3) Council Meetings are broadcast live on the City’s television station, Rialto Network. Spectrum Channel 3 and AT&T Channel 99. HOW TO MAKE A PUBLIC COMMENT. (1) Appear at the meeting and speak during the public comment period. We request that you complete a Public Speaker Form and submit it to the City Clerk before the meeting. There is a 5 minute time limit. (2) You may submit a public comment in writing to the City Clerk by email at CITYCLERK@RIALTOCA.GOV. 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 Next Ordinance No. 1695 Next Resolution No. 8284 Page 2 Printed on 8/8/2024 City Council Regular Meeting August 13, 2024 5:00 p.m. CLOSED SESSION 1 24-1631 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Number of Matters: Three (3) 1. Kim Martin v. City of Rialto SBSC Case No. CIVSB 2418854 2. Melinda Ferguson v. City of Rialto, et al. SBSC Case No.: CIVDS 2017947 3. Mark Grayes, et al. v. City of Rialto USDC 2:24-cv-01164-MCS-SSC Called to Order By: 6:30 p.m. OPEN SESSION Called to Order By: ROLL CALL PLEDGE OF ALLEGIANCE - Mayor Pro Tem Carrizales INVOCATION - Pastor Javier Reyes - Calvary Chapel Rialto City Attorney’s Report on Closed Session Page 3 Printed on 8/8/2024 City Council Regular Meeting August 13, 2024 PRESENTATIONS AND PROCLAMATIONS 1 24-1613 In Memoriam for Marshall Simms - Mayor Robertson 2 24-1622 In Memoriam for Obafemi Kayode Bello - Mayor Robertson 3 24-1636 Certificate of Appreciation to Pastor Braxton - Mayor Robertson 4 24-1635 Presentation - Recognition of Rialto Fire Department - American Heart Association 5 24-1637 Recognition Remigio Ruiz and Jonathan Guevara - Council Member Trujillo 6 24-1593 Presentation - Update on Police Station - Chief Mark Kling 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 24-1619 Warrant Resolution No. 03 B.2 24-1620 Warrant Resolution No. 04 B.3 24-1621 Warrant Resolution No. 05 C. APPROVAL OF MINUTES C.1 24-1611 Regular City Council Minutes - July 23, 2024 Page 4 Printed on 8/8/2024 City Council Regular Meeting August 13, 2024 D. CLAIMS AGAINST THE CITY - FOR INFORMATION ONLY D.1 24-1623 Allstate - Jose Molina - Damages D.2 24-1624 Andrea Leon - Personal Injury D.3 24-1625 Debora Sue Mertan - Damages D.4 24-1626 Fidel N. Gutierrez Jr. - Damages D.5 24-1627 Jonathan S. Quintana - Damages D.6 24-1628 Nancy Lou Barvais - Damages D.7 24-1629 State Farm Rafael Chavez - Vehicle Damages E. MISCELLANEOUS E.1 24-1602 Request City Council to: 1) Adopt Resolution No. 8276 Approving the Public Improvement Agreement for Public Improvements along East Foothill Boulevard Related to the Precise Plan of Design (PPD) 2021-0043 Located at 534 E. Foothill Boulevard, which is approximately 200 feet east of Acacia Avenue; and 2) Authorize the City Manager or their Designee to Execute all Related Documents. E.2 24-1603 Request City Council to: 1) Adopt Resolution No. 8277 Approving the Public Improvement Agreement for Public Improvements along Rialto Avenue and Lilac Avenue Related to the Precise Plan of Design (PPD) 2022-0001 Located at the Northeast Corner of Rialto Avenue and Lilac Avenue; and 2) Authorize the City Manager or their Designee to Execute all Related Documents. E.3 24-1604 Request City Council to Adopt Resolution No. 8278, Adopting the Fiscal Year 2024/2025 - 2028/2029 Measure I - Five-Year Capital Improvement Plan and Expenditure Strategy. E.4 24-1605 Request City Council to Adopt Resolution No. 8279 Approving the 2025/2026 through 2029/2030 Measure I Five-Year Capital Project Needs Analysis (CPNA) for the Major Street-Arterial Subprogram. E.5 24-1606 Request City Council to 1) Accept a CEQA Notice of Exemption for the Locust Roadway Widening and Rehabilitation Project, City Project No. 230812, and 2) Authorize the Interim City Manager or Their Designee to Execute all Related Documents. Page 5 Printed on 8/8/2024 City Council Regular Meeting August 13, 2024 E.6 24-1616 Request City Council to 1) Adopt Resolution No. 8280 Amending the Fiscal Year Budget 2024-2025 budget to include the already accepted Grant funding from Clean Mobility Options (CMO/CalStart); 2) Authorize the City Manager to execute all necessary documents. TAB PUBLIC HEARING TAB1 24-1607 Request City Council to 1) Conduct a Public Hearing to solicit public comments from interested citizens; 2) Adopt a Resolution No. 8281 approving Substantial Amendment No. 1 to the 2020-2025 Consolidated Plan and proposed changes to the previously approved FY 2024-2025 Annual Action Plan; 3) Authorize the City Manager to submit the Substantial Amendment of the Con Plan and changes to the previously approved Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); 4) Authorize the City Manager to take all actions necessary to implement the programs identified in the AAP and Con Plan; 5) Adopt Budget Resolution No. 8282 Authorizing the allocation of $374, 469.26 HOME funds to the FY 24-25 Fiscal Year Budget with a one-time general fund match of $125,530.74 (ACTION) TAB NEW BUSINESS TAB2 24-1634 Request City Council, Rialto Housing Authority, Rialto Utility Authority and Successor Agency to Accept the Fiscal Year 2022-23 Audit Results and Receive and File the Fiscal Year 2022-23 Financial Report and Related Documents. (ACTION) TAB3 24-1612 Request City Council to: 1) Review and Update the City’s CDBG-CV Programs and Funding Guidelines; and; 2) Provide Staff Direction on initiating an application period for the distribution of CDBG-CV funding to community service organizations. (ACTION) TAB4 24-1615 Request City Council/Rialto Utility Authority Board to: 1) Approve the Fifth Amendment to the Professional Services Agreement with Dopudja and Wells Consulting for the Rialto Habitat Nature Center in the amount of $244,460 and As-Needed Services/Support Activities in the amount of $600,000, Totaling an Additional Amount of $844,460; and 2) Authorize the Interim City Manager to Execute all Related Documents. (ACTION) Page 6 Printed on 8/8/2024 City Council Regular Meeting August 13, 2024 TAB5 24-1503 Request City Council to 1) Adopt Resolution No. 8283 Amending its Budget for the 2024-2025 Fiscal Year to Authorize a Transfer of $3,250,000 to the Capital Projects Fund and an Appropriation of $3,250,000 for the Public Works Administration Building Restoration Project; 2) Award a Construction Contract to Marcon Engineering, Inc. in the Amount of $3,179,019.25 for the Public Works Administration Building Restoration Project, City Project No. 220201; 3) Authorize a Contract Change Order Request in the amount of $446,366 with Fountainhead Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for the Public Works Administration Building Restoration Project, City Project No. 220201; and 4) Authorize the City Manager or their Designee to Execute all Related Documents. (ACTION) TAB6 24-1546 Request City Council to: 1) Approve a Service Agreement With National Public Safety Group, LLC, a North Carolina Limited Liability Company for Project Management Services of the Police Department’s CAD/RMS System Upgrade Through June of 2026 in the Amount of $240,000; 2) Authorize the Interim City Manager or Designee to Execute Future Annual Purchase Order Increases Not to Exceed $100,000; and 3) Authorize the Interim City Manager or Designee to Execute All Documents Including Any Changes or Increases in Service. (ACTION) Page 7 Printed on 8/8/2024 City Council Regular Meeting August 13, 2024 REPORTS MAYOR: COUNCIL MEMBERS: CITY ATTORNEY: CITY MANAGER: ADJOURNMENT Page 8 Printed on 8/8/2024