City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Next: Ord. No. 1876 Reso. No. 2021-119 Tuesday, December 14, 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 December 14, 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 of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. 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) Housing Solutions (Housing Development Manager 21-1045 Valerie Gonzales to present); (B) Pavement Management (Public Works Director Keith Kramer, to present); (C) Public Communications; (D) Agenda Review; and (E) City Manager Comments 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 21-852 GOVERNMENT CODE SECTION 54957.6 City Negotiator: Shannon Yauchzee, Interim City Manager Page 1 of 9 City Council Meeting Regular Agenda December 14, 2021 and Rakesha Thomas, Director of Human Resources and Risk Management Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Officers Association; Police Benefits Association; and Management/Confidential Employees CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (1) Case: Glenn Thomas v. City of Fontana Court: United States District Court-Central District of California Court Case No. 5:21cv-00452 JGB KK CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Vacant Land on Arrow Blvd (APN 0191-162-05) City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: Cieba Inc. Under negotiation: Price and terms of payment CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121605; and People of the State of California v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121829 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN’s 1108-072-01 thru -16 and 1108-074-01 thru -16 City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Diversified Pacific Communities Under Negotiation: Price and terms of payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN’s 0191-116-239 and 0191-162-08 City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Labra Investments, LLC Under Negotiation: Price and terms of payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS Page 2 of 9 City Council Meeting Regular Agenda December 14, 2021 (Gov. Code section 54956.8) Property: APN 0237-411-13 City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Newbridge Homes Under Negotiation: Price and terms of payment CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Fontana Police Department Chaplain Valerie Torres/ Pledge of Allegiance: SPECIAL PRESENTATIONS: A. Special Presentations A. Mayor Warren and City Council to recognize Veterans 21-1050 Day Writing and Art Contest Winners Essay Winner (Council Member Jesse Sandoval to present). B. Mayor Warren and City Council to introduce Chief Financial Officer Jessica Brown (Interim City Manager Shannon Yauchzee to present). C. Mayor Warren and City Council to recognize retiring Human Resources Analyst, Terri Truitt, and Human Resources Analyst, Nora Haynes (Human Resources Director Rakesha Thomas to present). D. Mayor Warren and City Council to recognize Sergeant Jon VanTuinen, Corporal Buddy Porch, Officers Aaron Alcala, Johnsull Doakes, Brandon Gossert, Dustin Hodgins, Christine Tomicic and Reserve Officer Ryan Starling as the Police Department’s October 2021 Employees of the Month (Captain Dorsey to present). E. Mayor Warren and City Council to recognize Officer Christopher Drayer and Dispatch Shift Supervisor Mary Jo Grinceri as the Police Department’s November 2021 Employees of the Month (Captain Dorsey and Captain Stover to present). 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 Page 3 of 9 City Council Meeting Regular Agenda December 14, 2021 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 21-1046 Approve the minutes of the October 26, 2021, and November 9, 2021, Regular City Council Meetings. Attachments: Minutes -City Council Regular Meeting 10.26.2021 Minutes -City Council Regular Meeting 11.09.2021 B. 2022 City Hall Holiday and City Council Meeting Calendar 21-986 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2022. Attachments: 2022 City Hall Holiday and City Council Meeting Calendar C. Accept the 2021 TDA Article 3 Grant Award for the Kathy Binks 21-1052 Safe Routes to School Project 1. Accept the 2021 Transportation Development Ace (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Kathy Binks Safe Routes to School Project in the amount of $160,000.00. 2. Accept the 2021 Transportation Development Ace (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Transit Stop Access Improvement Program in the amount of $37,580.00. 3. Approve Resolution Authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completions for the Kathy Binks Safe Routes to School Project and the Transit Stop Improvement Project related to TDA Article 3 Grant Awards. Attachments: TDA Cycle 3 Resolution Kathy Binks Safe Routes Project Vicinity Map Kathy BinksSRTS Project Award Letter Transit Stop Improvements Vicinity Map Transit Stop Improvements Award Letter Page 4 of 9 City Council Meeting Regular Agenda December 14, 2021 D. Adopt the Part Time and City Hall Salary Tables to Comply 21-1071 with Minimum Wage Increases Adopt the non-classified, part time salary table and the City Hall Unit salary table to comply with minimum wage increases, effective January 1, 2022. Attachments: Part Time Salary Table City Hall Salary Table E. Annual Report on Development Impact Fees 21-1048 Adopt Resolution No. 2021-___ of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds. Attachments: 2021 Annual Report on Development Impact Fees Resolution 2021 Annual Report on Development Impact Fees F. Approval of the Declaration of Dedication Flood Regulation 21-974 Replacement Basin Agreement for Tract Map No. 18820 and 18944 Authorize the City Manager to execute the Second Declaration of Dedication Flood Regulation Basin Agreement with LCD Sierra Crest, LLC. For Tract Map No. 18820 and 18944 Attachments: Declaration of Dedication of Flood Regulation Replacement Basin G. Approve Amendment No. 1 to Professional Services 21-1078 Agreement with WLC Architects, Inc. for Fire Station No. 81 Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with WLC Architects, Inc. for Construction Phase Services in the additional amount of $90,000 for Fire Station No. 81 (SQ-97-DE-20). Attachments: Vicinity Map WLC Amendment No. 1 H. Approval of the 2022 Fontana Legislative Platform 21-1089 Staff recommends the City Council approve the Legislative Platform and bring back updates from time to time. Attachments: 2022 Legislative Platform 2022 Legislative Platform PowerPoint I. Award a Construction Contract for Fire Station No. 81 21-1035 1. Award bid and authorize the City Manager to execute a Construction Contract Page 5 of 9 City Council Meeting Regular Agenda December 14, 2021 with TELACU Construction Management, Inc. for the construction of the Fire Station No. 81 project in the amount of $8,205,000.00, authorize a 10% contingency in the amount of $820,500.00 (Bid No. SB-06-DE-22) and ratify determination that the protest and appeal filed in connection therewith are without merit and any deficiencies asserted in connection with the protest and appeal are insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage. 2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for Fire Station No. 81. Attachments: Vicinity Map Renderings Bid Results Bid Detail J. Award a Bid for the Valley Boulevard/Kaiser Sewer Project. 21-1058 SB-19-PW-22 Award bid and authorize the City Manager to execute a contract with GRBCON Inc., for the Valley Boulevard/Kaiser Sewer Project in the amount of $706,746.00 and a 10% contingency of $70,674.60. Attachments: Bid Recap Letter SB-19-PW-22 Vendors Notified - SB-19-PW-22 SB-19-PW-22 Bid Tabulation K. Co-Sponsorship Applications Cycle (2) FY 2021/2022 21-1055 Review and approve the four (4) Co-Sponsorships recommended for the second half of 2021/2022 fiscal year (January 2022 through June 2022 totaling an amount of $10,546 as recommended by Parks, Community, and Human Services Commission). Attachments: Co-Sponsorship Policy 2018 Co-Sponsorship Descriptions Co-Sponsorship Tier Rating Co-Sponsorship Cost Breakdown L. Consider Opting Into Settlement Agreements With Distributors 21-1065 Of Opioids, Amerisource Bergan, Cardinal Health, And Mckesson, And Opioid Manufacturer Janssen (Owned By Johnson & Johnson) It is recommended that the City Council adopt Resolution No. 2021-_____, authorizing the Interim City Manager to: Page 6 of 9 City Council Meeting Regular Agenda December 14, 2021 1. Opt into settlement agreement with opioid distributors, Amerisource Bergen, Cardinal Health, and McKesson, and direct the Interim City Manager to execute any documents necessary to implement the action. 2. Opt into settlement agreement with opioid manufacturer, Janssen (owned by Johnson & Johnson), and direct the Interim City Manager to execute any documents necessary to implement the action. Attachments: Exhibit A - Final Distributor Settlement Agreement Exhibit B - Final J&J Settlement Agreement Exhibit C - CA Allocation Agreement - Distributors Exhibit D - CA Allocation Agreement - J&J Fontana - National Opioid Settlement - Resolution 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. Quarterly Lien Action for Delinquent Sewer, Rubbish and 21-1070 Weed Abatement Accounts 1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection. 2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for Page 7 of 9 City Council Meeting Regular Agenda December 14, 2021 collection. 3. Adopt Resolution No. 2021- of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof. Attachments: Weed Abatement Resolution December 2021 Public Hearing Notice - Rubbish Public Hearing Notice - Sewer Public Hearing Notice - Weed Abatement B. Municipal Code Amendment (MCA) No. 21-002 - 21-1069 Amendments to Municipal Code Chapter 11 - Fire Prevention Read by title only and waive further reading of and introduce Ordinance No. ___, an Ordinance of the City Council of the City of Fontana, California approving Municipal Code Amendment (MCA) No. 21-002 to amend Chapter 11 - Fire Prevention of the Municipal Code to (1) increase the minimum building square footage exception for requiring fire sprinklers, (2) require the installation of fire sprinklers or other appropriate fire suppression system as approved by the Fire Marshall for all buildings housing vehicles, and (3) allow installation of residential 13R or 13D fire sprinkler systems in place of commercial 13 systems for commercial buildings under 5,000 square feet, and the reading of the title constitutes the first thereof. Attachments: Fontana Fire Code Amendment Ordinance Public Hearing Notice C. Zoning Code Amendment No. 21-009: A request for the 21-1081 adoption of an Urgency Ordinance amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and amending Chapter 30, Article V, Division 4 to add Section 30-434.1 to regulate urban lot splits and two-unit projects under SB 9; and finding the action to be exempt from CEQA 1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and, 2. Read by title only and waive further reading of and introduce Ordinance No. ______, an Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code, and that the reading of the title constitutes the first reading thereof. Page 8 of 9 City Council Meeting Regular Agenda December 14, 2021 Attachments: Attachment No. 1 - Senate Bill 9 Urgency Ordinance Attachment No. 2 - Exhibit A Code Amendment NEW BUSINESS: A. Appointment of Mayor Pro Tem 21-1039 Consider appointment of a Council Member to the Mayor Pro Tem position to serve for a term of one year. B. Amendment to Chapter 7 of the Fontana Municipal Code 21-1060 adding Article III. Related to Mandate Electronic and Paperless Filing of Campaign Finance Disclosure Statements by Elected Officials, Candidates, or Committees: Introduction and First Reading of Ordinance Read by title only and waive further reading of and introduce Ordinance No. 2021 - ___, adding Article III to Chapter 7 of the Fontana Municipal Code, regarding mandate of electronic and paperless filing of Campaign Finance Disclosure Statements Attachments: Certification of Electronic Filing System for Statement of Economic Interests Ordinance No. 2021-. 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 January 25, 2021 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 9 of 9