City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1893 Reso. No 2022-035 Tuesday, June 14, 2022 7:00 PM WORKSHOP - 5:00 P.M. 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 June 14, 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. WORKSHOP: A. 5:00 P.M. City Council Workshop A. (A) 2021/2022 Budget & Third Quarter Update (Chief 21-1427 Financial Officer Jessica Brown to present); (B) Public Communications; (C) Agenda Review and; (D) 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 A. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 21-1398 GOVERNMENT CODE SECTION 54957.6 City Negotiator: Ray Ebert, Interim Deputy City Manager Employee Organization(s): Unrepresented Part-Time Employees Page 1 of 13 City Council Meeting Regular Agenda June 14, 2022 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas, Director of Human Resources and Risk Management Employee Organization(s): Police Officers Association CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code section 54956.9(d)(1).) Name of Case: Jackson v. City of Fontana, et al. Case No. USDC 5:20-cv-01372-JGB-SHK CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).) Significant exposure to litigation. Number of potential cases: (1) One 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: Matt Ballantyne, 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 # 0191-274-33, 0191-274-38, 0191-27-39, 0191-274-07, 0191-274-08, 0191-274-09, 0191-274-10, 0191-274-11, and 0191-274-12 City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: R. Swedlove Under Negotiating: Price and Terms of payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN # 0191-163-11 City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: Song Yun Under Negotiating: Price and Terms of payment CALL TO ORDER/ROLL CALL: Page 2 of 13 City Council Meeting Regular Agenda June 14, 2022 A. 7:00 P.M. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation / Pledge of Allegiance: PROCLAMATIONS: A. Mayor Warren and City Council to Proclaim the Month of June 21-1466 as Fatherhood Awareness Month (San Bernardino Fatherhood, Executive Director Ryan Berryman to accept). SPECIAL PRESENTATIONS: A. 1. Mayor Warren and City Council to recognize Christopher 21-1428 Williams, Grace Shumate, Tristian Chance, and Isaac Hernandez as the 2022 Joel Cascadden Scholarship Fund recipients (Captain Binley to present). 2. Mayor Warren and City Council to recognize Officers Celestine Cazares, Garrett Gooselaw, Travis Marshall, and Christopher Oropesa and Animal Service Officers Carmen Sanchez and Adam Sturgess as the Police Department’s April 2022 Employees of the Month (Captain Stover and Captain Dorsey to present). 3. Mayor Warren and City Council to recognize Mayor Pro Tem Peter Garcia's Birthday (Mayor Warren 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 21-1423 Page 3 of 13 City Council Meeting Regular Agenda June 14, 2022 Approve the minutes of the May 10, 2022, Regular City Council Meeting. Attachments: Minutes - 05.10.22. Regular City Council Meeting Minutes B. Fiscal Year 2021/22 Third Quarter Budget Status Report 21-1416 Approve the recommended Third Quarter Budget Status adjustments Attachments: FY21-22 Third Quarter Budget Status Report C. Fiscal Year 2022/23 Supplemental Budget Report 21-1438 Approve the recommended Fiscal Year 2022/23 Supplemental Budget adjustments Attachments: FY22-23 Supplemental Budget Report Final D. Adopt Resolution to Update Spending Authority Limits for City 21-1407 Manager, Deputy City Managers, and Department Heads for Goods and Services and to settle Claims on behalf of the City 1. Approve updated spending authority limits; 2. Adopt Resolution No. 2022-035 to Update Spending Authority Limits for City Manager, Deputy City Managers, and Department Heads for Goods and Services and to settle Claims on behalf of the City. Attachments: Fontana - Resolution Increasing City Manager and Dep CM Spending Authority (2022) E. Adopt the New Job Description and Corresponding Salary 21-1450 Range for the Classification of Information Technology (IT) Project Administrator, and the Updated Management Confidential Group Salary Table Adopt Resolution No. 2022-036, a resolution of the City Council of the City of Fontana adopting the new job description and corresponding salary range for the classification of Information Technology (IT) Project Administrator, and the updated Management Confidential group salary table. Attachments: IT Project Administration Classification Resolution F. Adopt Resolution and Amend Adopted Resolution No. 21-1413 2022-029 for Projects Funded by the Road Repair and Accountability Act SB-1 Adopt Resolution No. 2022-037, Amending Adopted Resolution No. 2022-029 of the City Council of the City of Fontana to incorporate projects funded by SB-1, the Road Repair and Accountability Act for Fiscal Year 2022/2023. Attachments: Resolution -CCAR SB1 RMRA 04-26-2022 Approved Resolution 2022-029 Page 4 of 13 City Council Meeting Regular Agenda June 14, 2022 G. Amendment No. 8 to the City/County Waste Disposal 21-1458 Agreement Approve Amendment No. 8 to the Waste Disposal Agreement (WDA) with the County of San Bernardino. Attachments: AGR-PW-Waste 6-28-22 Fontana WDA Amend 8 List of WDA Cities H. Approve Replacement of Securities for Tract No. 19997 21-1369 Located North of Walnut Street and East of Citrus Avenue Approve replacement of securities for infrastructure improvements of Tract No. 19997 and authorize the City Manager to enter into a Subdivision Agreement with Apple 7, LLC for construction of infrastructure improvements. Attachments: Vicinity Map Subdivision Improvement Agreement with Bonds I. Approval of Final Map for Tract No. 20363 within the 21-1376 Arboretum Specific Plan Approve the Final Map for Tract No. 20363 located south of Duncan Canyon Road, west of Sierra Avenue, north of Fieldcress Drive, and east of Cassava Drive within the Arboretum Specific Plan; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider. Attachments: Vicinity Map Tract Map Subdivision Improvement Agreement J. Approval of Final Map for Tract No. 20364 within the 21-1377 Arboretum Specific Plan Approve the Final Map for Tract No. 20364 located north of Casa Grande Avenue, west of Sierra Avenue, south of Fieldcress Drive, and east of Montelena Road within the Arboretum Specific Plan; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider. Attachments: Vicinity Map Tract Map Subdivision Improvement Agreement with Bonds K. Authorization to Apply for 2022 Community Oriented Policing 21-1381 Services (COPS) Hiring Program Grant 1. Authorize the Fontana Police Department to apply for the 2022 Community Page 5 of 13 City Council Meeting Regular Agenda June 14, 2022 Oriented Policing Services (COPS) Hiring Program Grant. 2. Authorize the Chief of Police or his assigned designee to sign the application for the 2022 Community Oriented Policing Services (COPS) Hiring Program Grant. L. Approval of Final Map for Tract No. 16897 21-1389 Approve the Final Map for Tract No. 16897 located south of Miller Avenue and west of Lime Avenue; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider. Attachments: Tract Map 16897 Vicinity Map Subdivision Improvement Agreements - TM 16897 M. Approve a Development Impact Fees Credit Agreement related 21-1401 to Tract Map No. 20224 (TTM No. 18-011R1) and Design Review No. 18-028R1 Approve and authorize the City Manager to execute a Development Impact Fees Credit Agreement with Lennar Homes of California, LLC, related to Tract Map No. 20224 (TTM No. 18-011R1) and Design Review No. 18-028R1 located north of Duncan Canyon Road and east of Citrus Avenue. Attachments: Vicinity Map Agreement N. Authorize the Purchase of the Arctic Wolf Managed Detection 21-1335 and Response Cybersecurity Solution 1. Approve appropriation and allocate the amount of $148,093.65 from Fund 302 as part of the City’s American Rescue Plan Act Expenditure Plan. 2. Authorize the Purchasing Office to “Piggy-Back” on the National Cooperative Purchasing Alliance (NCPA) contract #01-96 for the purchase of Arctic Wolf’s Managed Detection and Response cybersecurity solution from Vector USA. Attachments: Arctic Wolf City Of Fontana Service Details Arctic Wolf Pricing VRN 108512-001 O. Award a Construction Contract for the Sierra Avenue 21-1408 Widening Project between Foothill Boulevard and Baseline Avenue Approve and authorize the City Manager to execute a construction contract with Los Angeles Engineering, Inc. for the construction of the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue in the amount of $11,300,000 and authorize a 10% contingency in the amount of Page 6 of 13 City Council Meeting Regular Agenda June 14, 2022 $1,130,000 (Bid No. SB-86-DE-22) Attachments: Vicinity Map Bid Results Bid Details P. Co-Sponsorship Application Cycle (1) FY 2022/2023 21-1397 Review and approve (13) Co-Sponsorships recommended for the first half of 2022/2023 fiscal year (July 2022 through June 2023) totaling an amount of $24,498.00 as recommended by Parks, Community, and Human Services Commission. Attachments: Attachment A Co-Sponsorship Policy Attachment B_Feb 22 Attachment C_Feb22 Attachment D w_out Revenue Loss_Feb22 Q. Calling of the November 8, 2022, General Municipal Election; 21-1429 Requesting Consolidation with the Statewide General Election to be conducted by the San Bernardino County Registrar of Voters; and Providing Regulations for Candidates 1. Adopt Resolution No. 2022-038, a Resolution of the City Council of the City of Fontana, California, Calling And Giving Notice of a General Municipal Election to be held in the City of Fontana on Tuesday, November 8, 2022, for the Election of Certain Officers of the City as Required By the Provisions of the Laws of The State of California Relating To General Law Cities; 2. Adopt Resolution No. 2022-039, a Resolution of the City Council of the City of Fontana, California, Requesting the Board of Supervisors of the County of San Bernardino to Consolidate a General Municipal Election to be held on November 8, 2022, with the Statewide Primary Election to be held on the date Pursuant To § 10403 of the Elections Code; 3. Adopt Resolution No. 2022-040, a Resolution of the City Council of the City of Fontana, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at a General Municipal Election to be held on Tuesday, November 8, 2022. Attachments: Call of the Election - Resolution No. 2022- Request for Consolidation - SB County Board of Supervisors (Resolution No. 2022-) Regulations for Candidates - Candidate Statements (Resolution No. 2022-) R. First Amendment to the Purchase, Sale and Disposition 21-1365 Agreement (PSDA) between the City of Fontana and Citrus Page 7 of 13 City Council Meeting Regular Agenda June 14, 2022 Development LLC regarding the North-West Corner of Citrus and South Highland Approve a First Amendment to the Purchase, Sale and Disposition Agreement (PSDA) between the City of Fontana and Citrus Development LLC to effectuate development of the property located on the North-West corner of Citrus and South Highland Avenues and authorize the City Manager to execute any documents necessary or appropriate to effectuate said approval. Attachments: Fontana - First Amendment to PSDA re Citrus and South Highland Exhibit A - New Schedule of Performance Exhibit B - New Site Plan S. Intention to Levy Assessments for Fiscal Year 2022-2023 for 21-1406 Landscape and Lighting Maintenance Districts 1. Adopt Resolution No. 2022-041, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 1 ("LMD #1") for Fiscal Year 2022-2023 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment. 2. Adopt Resolution No. 2022-042, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 2 ("LMD # 2") for Fiscal Year 2022-2023 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment. 3. Adopt Resolution No. 2022-043, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 3 ("LMD # 3") for Fiscal Year 2022-2023 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment. 4. Adopt Resolution No. 2022-044, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 3-1 ("LMD # 3-1") for Fiscal Year 2022-2023 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment. 5. Adopt Resolution No. 2022-045, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Local Lighting Maintenance District No. 3 ("LLMD # 3") for Fiscal Year 2022-2023 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment. Page 8 of 13 City Council Meeting Regular Agenda June 14, 2022 Attachments: Proposed Resolution of Intent for Landscape Maintenance District No. 1 Proposed Resolution of Intent for Landscape Maintenance District No. 2 Proposed Resolution of Intent for Landscape Maintenance District No. 3 Proposed Resolution of Intent for Landscape Maintenance District No. 3-1 Proposed Resolution of Intent for Local Lighting Maintenance District No. 3 LMD 1 Engineer's Report LMD 2 Engineer's Report LMD 3 Engineer's Report LMD 3-1 Engineer's Report LLMD 3 Engineer's Report LMD 2 Location Map LMD 3 Location Map LMD 3-1 Location Map LLMD 3 Location Map T. Option to Purchase Agreement - NH Southridge LLC 21-1464 1. Approval of an Option to Purchase Agreement with NH Southridge LLC for Assessor Parcel Number 0237-411-13 and find the approval is not a “project” requiring review under CEQA, or, in the alternative, is subject to the common-sense exemption from CEQA; 2. Authorize the City Manager to execute any documents necessary or appropriate to execute the Option to Purchase Agreement. Attachments: Southridge Park - Option Agreement Fontana Southridge- City Parcel PSA U. Purchase and Sale Agreement for Vacant Property located on 21-1435 the North side of Arrow Blvd. in Downtown Fontana 1. Approve a Purchase & Sale Agreement for the acquisition of APN #0191-162-05, a vacant property located on the North side of Arrow Blvd. in Downtown Fontana. 2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approval and/or agreement. Attachments: Disclosure Regarding Real Estate Agency Seller Counter Offer Page 9 of 13 City Council Meeting Regular Agenda June 14, 2022 V. Sale of Surplus Property located South of South Highland 21-938 Avenue and West of Oleander Avenue 1. The proposed sale of the property is exempt from environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, § §21000 et seq.) (CEQA) and the State CEQA Guidelines (Cal. Code Regs. Tit. § §15000 et seq.) Specifically, the proposed project qualifies for the Class 12 Categorical Exemption (State CEQA Guidelines, §15312), which applies to surplus government property. 2. Adopt Resolution No. 2022-046, approving a sale of City-owned exempt surplus property located south of South Highland Avenue and west of Oleander Avenue to Diego of Fontana, LLC and make the requisite declarations and findings contained therein. 3. Approve and authorize the City Manager and City Attorney to execute the Purchase and Sale Agreement with Developer. Attachments: Resolution -Sale of Property S. Highland Oleander Purchase Sale Agreement - S. Highland Oleander Opinion of Value Letter Vicinity and Location Map 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. Public Hearing on Formation of Community Facilities 21-1432 District No. 109 (Narra Hills) Page 10 of 13 City Council Meeting Regular Agenda June 14, 2022 1. Adopt Resolution No. 2022-047 of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No. 109 (Narra Hills), 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. 2022-048 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. 109 (Narra Hills). 3. Adopt Resolution No. 2022-049 of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 109 (Narra Hills). 4. Adopt Resolution No. 2022-050 of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien. 5. Read by title only and waive further reading of and introduce Ordinance No. 1893 levying special taxes within the City of Fontana Community Facilities District No. 109 (Narra Hills); and that the reading of the title constitutes the first reading thereof. 6. Adopt Resolution No. 2022-051 of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit and Funding Agreement. 7. Adopt Resolution No. 2022-052 of the City Council of the City of Fontana authorizing the execution and delivery of Joint Community Facilities Agreements. Page 11 of 13 City Council Meeting Regular Agenda June 14, 2022 Attachments: Resolution of Formation Resolution to Incur Indebtedness Resolution Calling Election Resolution Declaring Results Ordinance Levying Special Taxes Resolution Authorizing Letter of Credit and Acquisition and Funding Agreements Resolution Authorizing Joint Facilities Agreements CFD Report Joint Community Facilities Agreement - San Bernardino Flood Control District Joint Community Facilities Agreement - West Valley Water District Consent and Waiver Letter of Credit Agreement Acquisition and Funding Agreement B. Public Hearing and Adoption of HUD Community 21-1328 Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant 2022 Annual Action Plan 1. Adopt the draft FY2022-23 Annual Action Plan for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programming; 2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programs; 3. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Community Development Block Grant (CDBG) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements. Attachments: FY2022-2023 Annual Action Plan C. Adopt Resolution for Inland Empire Utilities Agency Capital 21-1418 Capacity Reimbursement Fee Page 12 of 13 City Council Meeting Regular Agenda June 14, 2022 Adopt Resolution No. 2022-053, approving an increase to the Capital Capacity Reimbursement Fee for capital expansion of the regional sewer system capacity in accordance with yearly increase imposed by Inland Empire Utilities Agency (IEUA) for fiscal 2022/23. Attachments: Resolution 2022 Connect Fee Increase 2022-5-2 Establishing the Reimbursement Payment for Fiscal Year 2022-23 IEUA rate increase NEW BUSINESS: A. Amending Chapter 2, Section 2-42, of the Fontana Municipal 21-1367 Code, regarding City Council Electoral System Read by title only and waive further reading of and introduce Ordinance No. 1894, amending Chapter 2, Section 2-42, of the Fontana Municipal Code, regarding City Council electoral system, and the reading of the title constitutes the first thereof. Attachments: Ordinance - Amendment re Districts.pdf CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment To the next Regular City Council Meeting on June 28, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 13 of 13