City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1892 Reso. No 2022-019 Tuesday, April 12, 2022 7:00 PM CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. Grover W. Taylor Council Chambers City Council Meeting Acquanetta Warren - Mayor Peter A. Garcia- Mayor Pro Tem Phillip W. Cothran - Council Member John B. Roberts - Council Member Jesus "Jesse" Sandoval - Council Member Germaine McClellan Key - City Clerk Janet Koehler-Brooks - City Treasurer City Council Meeting Regular Agenda April 12, 2022 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. 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 21-1302 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): Police Officers’ Association; Police Management Association. 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. Page 1 of 8 City Council Meeting Regular Agenda April 12, 2022 San Bernardino Superior Court Case No. CIVSB2121829 CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Fontana Police Department Chaplain Deylyne McCampbell / Pledge of Allegiance: SPECIAL PRESENTATIONS: A. 1. Mayor Warren and City Council to swear in new Fontana 21-1295 Police Officers Toni Lozano and Travis Marshall and Reserve Officers Stephen DuMontier and Troy Pennington (Chief Green to present). 2. Mayor Warren and City Council to recognize Senior Accountant Genivive Schwarzkopf as Management Services Department Employee of the Year (Chief Financial Officer Jessica Brown to present). PUBLIC COMMUNICATIONS: This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. 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 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. A. Approval of Minutes 21-1283 Approve the minutes of the March 8, 2022, and March 22, 2022, Regular City Council Meetings. Attachments: Regular City Council Meeting Minutes - 03.08.22 Regular City Council Meeting Minutes - 03.22.22 Page 2 of 8 City Council Meeting Regular Agenda April 12, 2022 B. Adoption of Ordinance No. 1891 21-1278 Second Reading/Adopt Ordinance No.1891, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001R1 for an amendment to Chapter 9 of the Municipal Code to modify Article V to revise sustainability standards for industrial commerce centers throughout the city. Attachments: Ordinance No. 1891 C. Adopt the Updated Salary Range for the Classification of 21-1310 Accounting Manager Adopt Resolution No. 2022-____, a resolution of the City Council of the City of Fontana adopting the updated salary range for the classification of Accounting Manager and updated salary table for the Management Confidential Group . Attachments: Resolution 04/12/22 Accounting Manager Management Confidential Salary Table 04/12/22 D. Accept perimeter CFD Landscape improvements for Duncan 21-1288 Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract 19962-1 within the Arboretum Specific Plan Accept perimeter CFD Landscaping improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract No. 19962-1 within the Arboretum Specific Plan and Release related Faithful Performance Bonds Attachments: Arboretum Meadows Village Perimeter Landscape E. Adopt Resolution and Authorize the Deputy City Manager to 21-1292 Award Contract to Masterseal Corp. of San Clemente California, for Emergency Pool Deck Repair Work at the Village of Heritage Pool Facility 1. Adopt Resolution No 2022-_____, a resolution of the City Council of the City of Fontana recognizing that certain conditions exist on the pool deck at the Village of Heritage Pool Facility requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10-147(6). 2. Authorize the Deputy City Manager, or his designee, to execute a contract with Masterseal Corp. in the amount of $219,500 with a 10% contingency in the amount of $21,950 for the performance of emergency pool deck repair work at the Village of Heritage Pool Facility. Attachments: VOH Pool Emergency Resolution 2022 - Bid Proposal - Heritage Pool Deck - 2-20-22 Page 3 of 8 City Council Meeting Regular Agenda April 12, 2022 F. Approve a Construction and Maintenance Agreement with 21-1280 Southern California Regional Rail Authority (SCRRA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project 1. Approve and authorize City Manager to execute a Construction and Maintenance Agreement, with Southern California Regional Rail Authority in the amount of $250,000.00, for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355). 2. Approve and authorize the City Manager to execute any future amendments to the Construction and Maintenance Agreement. Attachments: Citrus-Ceres Vicinity Map Const. & Maint. Agreement G. Approve a License Agreement with San Bernardino County 21-1285 Transportation Authority (SBCTA) for the Construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project 1. Approve and authorize City Manager to execute a License Agreement with the San Bernardino County Transportation Authority (SBCTA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355). 2. Approve and authorize the City Manager to execute any future amendments to the License Agreement. Attachments: Citrus-Ceres Vicinity Map SBCTA License Agreement H. Approve the San Bernardino County Municipal Separate Storm 21-1289 Sewer System - Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees (CITY) Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement, entitled “Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees” and Authorize the City Manager to execute the agreement on behalf of the City of Fontana as a Co-permittee. Attachments: Common Interest Agreement County District Co-Permittees I. Authorization of the Recruitment and Retention Incentive 21-1286 Program Authorize City staff to implement a Recruitment and Retention Incentive Program for full-time and part-time hires and employment and amend the American Rescue Plan Act (ARPA) Expenditure Plan. Page 4 of 8 City Council Meeting Regular Agenda April 12, 2022 Attachments: Revised ARPA Exp Plan 03312022 J. Authorization to Share Data with California Franchise Tax 21-1275 Board Adopt Resolution No. 2022-______ of the City Council of the City of Fontana authorizing the City Manager to execute an agreement between the City of Fontana and the State of California Franchise Tax Board in the Local Government Sharing Program. Attachments: FTB Agreement Resolution March 2022 K. Award Bid and Contract for Household Hazardous Waste 21-1281 Management Services Approve, award bid (SP-41-PW-22) and authorize the City Manager to enter into a two-year contract with Clean Harbors Environmental Services, Inc. for Household Hazardous Waste Management Services with three (3) one-year extensions at the sole discretion of the City. Attachments: RFP Scoring Matrix - SP-41-PW-22 Bid Recap Letter SP-41-PW-22 L. Award Contract (SP-49-DS-21) for the Local Early Action 21-1251 Planning (LEAP) Grant Administration Award bid (SP-49-DS-21)and authorize the City Manager to enter into a contract with Kimley Horn in the amount of $469,375 to facilitate the administration of the LEAP Grant Program. Attachments: Attachment No. 2 - Bidder Scoring Sheet Attachment No. 1 - Bidder Detail Report M. Award Bid SB-56-PW-22 for the Walnut Village Iron Fencing 21-1297 Removal and Installation Project Award bid and authorize the City Manager to execute a contract with J & A Engineering Corp. for the Walnut Village Iron Fencing and Installation Project in the amount of $449,526 with a 10% contingency in the amount of $44,952. Attachments: Location Map Bid Summary Bid Recap Letter Project Report Summary N. Declaring Surplus Land - Arrow Blvd. & Citrus Avenue 21-1306 Property 1. Approve Resolution No. 2022-____ declaring that two City-owned vacant Page 5 of 8 City Council Meeting Regular Agenda April 12, 2022 lots on the SWC of Arrow Blvd. and Citrus Avenue (Assessor’s Parcel Numbers 0232-201-12 and 0232-201-13) are “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability. 2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act. Attachments: Resolution Declaring Rosemead Properties Parcels as Surplus Property SLA Notice of Availability (Arrow Blvd. Property) O. Purchase One (1) AS-350 B-2 Aircraft (Helicopter) 21-1305 1. Authorize the Police Department to utilize Article V. PURCHASING Sec. 10-152. - Exceptions from bid procedures of the Fontana City Code to acquisition a helicopter along with additional safety and support equipment to be assigned to the air support unit. 2. Authorized the Police Chief or his designee to negotiate the purchase for the best value for the city. 3. Approve appropriation and allocate the amount of $3,000,000 from Fund 302 as part of the “American Rescue Plan Act” (ARPA Funds) and authorize the City Manager or his designee to execute all related contract documents. P. Resolution Adopting the District Voter Map for the City of 21-1311 Fontana Adopt Resolution No. 2022-_____, A Resolution of the City Council of the City of Fontana, California, Adopting District Map for a By-District Electoral System and Certain Related Matters. Attachments: Resolution for Map Adoption w-map.2 Q. Resolution of Intent to form Community Facilities District No. 21-1313 109 (Narra Hills) 1. Adopt Resolution No. 2022-____, of the City Council of the City of Fontana of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes. 2. Adopt Resolution No. 2022-____, of the City Council of the City of Fontana to Incur Bonded Indebtedness of the Proposed City of Fontana Community Facilities District No. 109 (Narra Hills). Attachments: Resolution of Intent Resolution to Incur Bonded Indebtedness Boundary Map Page 6 of 8 City Council Meeting Regular Agenda April 12, 2022 R. Adopt a Resolution Opposing SB 871 a School Vaccine 21-1325 Requirement Bill Adopt Resolution No, 2022- _____, of the City Council of the City of Fontana Opposing SB 871 a School Vaccine Requirement Bill. Attachments: SB 871 Resolution Approve Consent Calendar Items 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. Adoption of a Resolution of the City Council of the City of 21-1309 Fontana Abandoning Undeveloped City-Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939 (Government Code sections 38501 et. seq.); and Determining that the Abandonment of the Parkland is Exempt from CEQA 1. Conduct the public hearing; and 2. Adopt Resolution No. 2022 - ____ of the City Council of the City of Fontana Abandoning Undeveloped City-Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939; and Determining that the Abandonment of the Parkland is Exempt from CEQA. Attachments: Fontana -Abandoning Park Land Resolution CITY MANAGER COMMUNICATIONS: A. City Manager Communications Page 7 of 8 City Council Meeting Regular Agenda April 12, 2022 ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment To the next Regular City Council Meeting on Tuesday, April 26, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 8 of 8