City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Next: Ord. No. 1875 Reso. No. 2021-106 Tuesday, October 26, 2021 7:00 PM Grover W. Taylor Council Chambers City Council Meeting Acquanetta Warren - Mayor Phillip W. Cothran - Mayor Pro Tem John B. Roberts - Council Member Jesus "Jesse" Sandoval - Council Member Peter A. Garcia - Council Member Tonia Lewis - City Clerk Janet Koehler-Brooks - City Treasurer City Council Meeting Regular Agenda October 26, 2021 Welcome to a meeting of the Fontana City Council. Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act, the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk". Para mayor informacion, favor de marcar el numero (909) 350-7602. WORKSHOP: A. 5:00 P.M. City Council Workshop (A) Redistricting (City Attorney Ruben Duran to present); 21-830 (B) Public Communications: (C) Agenda Review, and (D) City Manager Comments Attachments: Fontana Redistricting Public Hearing Notice 2 (09-28-2021).docx.pdf Second Public Hearing Presentation - October 26, 2021.pdf PUBLIC COMMUNICATION - CLOSED SESSION: This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council. A. Public Communications - Closed Session CLOSED SESSION: A. 6:00 P.M. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 21-850 GOVERNMENT CODE SECTION 54957.6 City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Page 1 of 9 City Council Meeting Regular Agenda October 26, 2021 Teamsters Local 1932 Yard Bargaining Unit; Police Management Association; Police Benefits Association; and Management/Confidential Employees CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Case: Jorge Velasquez vs. City of Fontana Workers’ Compensation Claim Numbers: 170800089; 191100050 and 200200061 Cumulative Trauma CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation led by Fontana Police Department Chaplain Victor Nolen / Pledge of Allegiance: PROCLAMATION: A. Proclamation A. Mayor Warren and City Council to Proclaim the Month of 21-881 October as Breast Cancer Awareness Month (Mayor Warren to present). SPECIAL PRESENTATIONS: A. Special Presentations A. Police Department September 2021 Employees of the 21-963 Month Mayor Warren and City Council to recognize Corporal Edward Stewart, Officers Paul Beltran, Michael Bernath, Andrew Hackett, Joshua Nassar, Samuel Saenz, Justin Summers and Community Service Officers Brianna Chairez, Autumn Hubbard, Marcela Javier, Adrianna Manning and Bethany Martinez as the Police Department’s September 2021 Employees of the Month (Captain Burton to present). Page 2 of 9 City Council Meeting Regular Agenda October 26, 2021 PUBLIC COMMUNICATIONS: This is an opportunity for citizens to speak to the City Council for up to 3 minutes on items not on the Agenda, but within the City Council's jurisdiction. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. A. Public Communications CONSENT CALENDAR: All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion. Does any member of the public wish to address the City Council regarding any item on the Consent Calendar before the vote is taken? A. Approval of Minutes 21-973 Approve the minutes of the October 12, 2021, Regular City Council Meeting. Attachments: DRAFT - October 12, 2021.pdf B. Approve Encroachment Agreement with Crown Castle Fiber, 21-858 LLC Approve and authorize the City Manager to execute the Encroachment Agreement with Crown Castle Fiber, LLC Attachments: Fontana Encroachment Agreement with Crown Castle(P).pdf C. Purchase and installation of Artificial Turf, 21-917 Restroom/Concession and Storage Buildings, Playground Equipment and Shade Structures and purchase of material only of Fitness Equipment and Musco Lighting for South Fontana Park Project 1. Approve and authorize the Purchasing Office to “Piggy-Back” from the California Multiple Award Schedule (CMAS) for the purchase of the following for South Fontana Park project: a. FieldTurf USA, Inc. in the amount of $1,707,212.00 for the purchase and installation of artificial turf and authorize a 10% construction contingency in the amount of $170,721.20 b. Landscape Structures, Inc. in the amount of $433,172.61 for the purchase and installation of playground equipment and authorize a 10% construction contingency in the amount of $43,317.26 c. Romtec, Inc. in the amount of $1,298,414.52 for the purchase and installation of a new restroom/concession and storage buildings and authorize a construction contingency in the amount of Page 3 of 9 City Council Meeting Regular Agenda October 26, 2021 $129,841.45. d. Greenfields Outdoor Fitness in the amount of $92,417.43 for the purchase of exercise/fitness equipment and authorize a 10% construction contingency in the amount of $9,241.74 2. Approve and authorize the Purchasing Office to “Piggy-Back” from the Sourcewell contract for the purchase of the following for South Fontana Park project: a. USA Shade & Fabric Structures in the amount of $948,440.00 for the purchase and installation of shade structures and authorize a 10% construction contingency in the amount of $94,844.00 b. Musco Lighting in the amount of $717,000 for the purchase of sports field lighting and authorize a 10% construction contingency in the amount of $71,700.00 Attachments: Field Turf USA Proposal Landscape Structures Proposal Romtec Proposal Greenfields Proposal USA Shade Proposal Musco Lighting Proposal D. Final Acceptance of Subdivision Improvements for Tract No.'s 21-936 18894 and 20132 ..End 1. Accept as complete the Subdivision Improvements for Tract No.'s 18894 and 20132 located north of Arrow Boulevard and east of Tamarind Avenue. 2. Adopt Resolution No. 2021-_____, accepting sewers in Tract No.'s 18894 and 20132 as part of the City sewer system . Attachments: RESOLUTION - 18894 AND 20132.pdf VICINITY MAP.pdf MAP 18894.pdf MAP 20132.pdf E. Final Acceptance of Subdivision Improvements for Tract Map 21-937 No. 17317 1. Accept as complete the Subdivision Improvements for Tract No. 17317 located on the southeast corner of Citrus Avenue and Walnut Street. 2. Adopt Resolution No. 2021-______, accepting sewers in Tract No. 17317, as part of the City sewer system. Page 4 of 9 City Council Meeting Regular Agenda October 26, 2021 Attachments: Vicinity Map.pdf Tract Map.pdf Sewer Resolution.pdf F. New Athletic Field Tiered Fee Proposal 21-949 Review, Discuss and Approve the Proposed Athletic Field Permit Process and User Fees. G. Police Department Monthly Information Update 21-962 Accept the Police Department monthly information update for September 2021. H. CalHome Program Notice of Available Funding and Application 21-964 Resolution 1. Adopt Resolution No. 2021-________ authorizing the submittal of a $500,000 application to the California State Department of Housing and Community Development (HCD) for funding provided under the CalHome Program Notice of Available Funding (NOFA). 2. Authorize the City Manager to execute any documents necessary or appropriate to complete said application. Attachments: CalHOME Resolution 2021.docx I. 2022 Selective Traffic Enforcement Program Grant Award 21-967 (STEP) PT22171 Attachments: OTS 22-23 Grant PT22171.pdf J. OPEB/Pension 115 Trust Funding 21-989 Authorize the Deputy City Manager to execute agreements with Shuster Advisory Group LLC, Charles Schwab Trust Bank, and Alta Trust Company to create 115 trust accounts for the funding of Future OPEB Liabilities and Pension Funding for Future Obligations and have Shuster provide professional investment advisory services for the investment portfolios. K. Fiscal Year 2021/22 First Quarter Budget Status Report 21-983 1. Approve the recommended Fiscal Year 2021/2022 First Quarter Budget adjustments 2. Adopt Resolution No. 2021- _______ of the City Council of the City of Fontana adopting revised job descriptions for specific classifications throughout the City 3. Adopt Resolution No. 2021 -_______ of the City Council of the City of Fontana adopting the updated job description and salary range for the classification of Police Communications Supervisor and the updated Management Confidential Salary Table Page 5 of 9 City Council Meeting Regular Agenda October 26, 2021 Attachments: FY21-22 First Quarter Budget Status Report.pdf CC Reso Q1 FY 2021-22 Various Job Descriptions.pdf CC Reso Q1 FY 2021-22 Police Comm Supervisor Approve Consent Calendar Item as recommended by staff. PUBLIC HEARINGS: To speak on Public Hearing Items, submit comments via e-mail at publiccomments@fontana.org. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing. All Public Hearings will be conducted following this format: (a) hearing opened (e) oral - favor (b) written communication (f) oral - opposition (c) council/staff comments (g) hearing closed (d) applicant comments (applicant not limited to 5 minutes) A. Public Hearing and adoption of HUD ESG-CV Substantial 21-884 Amendment 1. Adopt the draft Substantial Amendment to the CDBG-CV and ESG-CV Action Plan; 2. Authorize the City Manager to execute and transmit any documents necessary or desirable to ensure the City's timely receipt of Community Development Block Grant-CARES Act (CDBG-CV) and Emergency Solutions Grant-CARES Act (ESG-CV) funding. Attachments: CARES Act Substantial Amendment Fontana 9-2021 B. Appeal No. 21-004: A request for an appeal to overturn the 21-943 Planning Commission’s decision on August 17, 2021, approving Tentative Parcel Map No. 20235 (TPM No. 20-014) and Design Review No. 20-019 for a new warehouse building totaling approximately 247,786 square foot including a maximum of two potential office/mezzanine space of approximately 4,000 square foot each, 34 Page 6 of 9 City Council Meeting Regular Agenda October 26, 2021 warehouse dock doors, two ground level loading doors, 117 automobile parking spaces, and 50 trailer parking spaces. The building will have a maximum height of 42-foot. The site is located on the northeast corner of the intersection of Washington Drive and Redwood Avenue the Light Industrial (M-1) Zoning District within the City of Fontana. Deny Appeal No. 21-004, and uphold the Planning Commission’s decision on August 17, 2021, approving Tentative Parcel Map No. 20235 (TPM No. 20-014), and Design Review No. 20-019 to construct a new proposed warehouse building totaling approximately 247,786 square foot including a maximum of two potential office/mezzanine space of approximately 4,000 square foot each, 34 warehouse dock doors, two ground level loading doors, 117 automobile parking spaces, and 50 trailer parking spaces, and add additional voluntary Conditions of Approval. Attachments: Attachment No. 1 - Appeal Letter Attachment No. 2 - Vicinity Map Attachment No. 3 - Site Plan Attachment No. 4 - Elevations and Rendering Attachment No. 5 - Final Planning Commission Staff Report - August 2021 Attachment No. 6 - Planning Commission Meeting Minutes Attachment No. 7 - Appeal Response Letter by T&B Planning, Incorporated Attachment No. 8 - Additional Conditions of Approval Attachment No. 9 - Clerk of the Board Receipt and Signed NOD - August 2021 Attachment No. 10 - Appeal 21-004 Public Notice C. Public Hearing on Formation of Community Facilities 21-969 District No. 107 (Highland) 1. Adopt Resolution No. 2021-_____ of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No.107 (Highland), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district. 2. Adopt Resolution No. 2021-_____ of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No.107 (Highland). 3. Adopt Resolution No. 2021-_____ of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 107 (Highland). 4. Adopt Resolution No. 2021-_____ of the City Council of the City of Fontana declaring results of special election and directing the recording of Page 7 of 9 City Council Meeting Regular Agenda October 26, 2021 notice of special tax lien. 5. Read by title only and waive further reading of and introduce Ordinance No. _____ levying special taxes within the City of Fontana Community Facilities District No. 107 (Highland); and that the reading of the title constitutes the first reading thereof. 6. Adopt Resolution No. 2021-_____ of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement. Attachments: Concurrence-Election Official Fontana CFD No. 107 (Highland) 4144-9949-0609 1.docx Correspondence_VoterCertification_CFDNo107_FINAL.pdf Fontana CFD No. 107 (Highland) CFD Report v2.pdf Fontana CFD No. 107 (Highland) RMA for ROI.pdf Ntc Spcl Tx Ln Fontana CFD No. 107 (Highland) 4165-2953-3745 2.docx Ordinance Lvy Tax Fontana CFD No. 107 (Highland) 4131-7415-6081 1.docx Reso Acquisition LOC K Fontana CFD No. 107 (Highland) 4141-3045-7393 1.docx Reso Call Election Fontana CFD No. 107 (Highland) 4149-6925-2657 2.docx Reso Dclr Results Fontana CFD No. 107 (Highland) 4157-9133-6241 1.docx Reso Nec-Incur Fontana CFD No. 107 (Highland) 4139-1228-8049 2.docx Reso-Formation Fontana CFD No. 107 (Highland) 4125-8688-7985 2.docx D. Hearing for the Consideration of a RON to acquire 21-979 permanent/temporary easement for the Duncan Canyon Road Project 1. Conduct a public hearing to consider the adoption of a proposed Resolution of Necessity, including providing all interested parties of the affected property, their attorneys or their representatives an opportunity to be heard on the issues relevant to the resolution of necessity. 2. Make the following findings as hereinafter described in this report: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The real property described in Exhibits A and B are necessary for the proposed project; (d) The offers required by section 7267.2 of the California Government Code were made; and (e) The public use for which the property sought to be acquired and described in the Resolution of Necessity is a more necessary public Page 8 of 9 City Council Meeting Regular Agenda October 26, 2021 use than the use to which the property is appropriated. 3. Adopt Resolution No. 2021-___. Resolution of Necessity by the City Council of the City of Fontana, declaring that the acquisition permanent street easements and temporary construction easement interests in certain real property located in the City of Fontana, San Bernardino County, California, more particularly described as Assessor Parcel Nos. 0239-081-23, 0239-081-24, and 0239-151-18, by eminent domain, are necessary for street widening and related public infrastructure improvements to Duncan Canyon Road (intersection of Sierra Avenue and Duncan Canyon Road) for the Duncan Canyon Road Widening Project, in the City of Fontana, San Bernardino County, California. Attachments: Resolution No. 2021-.pdf Exhibit A.pdf Exhibit B.pdf CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the next Regular City Council Meeting on Tuesday, November 9, 2021, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 9 of 9