City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1908 Reso. No. 2022-126 Tuesday, October 25, 2022 7:00 PM Grover W. Taylor Council Chambers City Council Meeting Acquanetta Warren - Mayor Peter A. Garcia - Mayor Pro Tem John B. Roberts - Council Member Jesus "Jesse" Sandoval - Council Member Phillip Cothran - Council Member Germaine McClellan Key - City Clerk Janet Koehler-Brooks, City Treasurer City Council Meeting Regular Agenda October 25, 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 Page 1 of 13 City Council Meeting Regular Agenda October 25, 2022 CONFERENCE WITH LEGAL COUNSEL - EXISTING 21-1810 LITIGATION (Government Code section 54956.9(d)(1)) David Moore/Andrew Anderson, et al. v. City of Fontana, et al., San Bernardino County Superior Court Case No. CIVDS 1610471 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code section 54956.9 (d)(2)) Potential Case: One Matter CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)) Southern California Edison v. California State Board of Equalization et al., Orange County Superior Court Case No. 30-2022-01258109-CU-MC-CJC CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: APN # 0191-162-05, 0191-163-24, 0191-163-16, 0191-163-17, and 0191-163-26 City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: Cushman & Wakefield 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. Invocation/Pledge of Allegiance: PROCLAMATION: A. Proclamation Page 2 of 13 City Council Meeting Regular Agenda October 25, 2022 A. 1. Mayor Warren and City Council to proclaim the week of 21-1785 October 23-29, as National Lead Poisoning Prevention Week (Department of Health Environmental Health Specialist, Waguih Boctor, to accept). 2. Mayor Warren and City Council to proclaim the month of November 2022 as National Epilepsy Awareness Month (Legacy Bridges Foundation, Inc. Executive Director, Melanee A. Stovall, to accept). 3. Mayor Warren and City Council to proclaim the month of October 2022 as National Community Planning Month (Planning Commission Chair Cathline Fort, and Director of Planning Patty Nevins to accept). 4. Mayor Warren and City Council to proclaim the month of October 2022 as Cyber Security Awareness Month (Information Technology Manager Chris Beck to accept). SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor Warren and City Council to recognize Senior 21-1786 Planner Rina Leung as the 2022 Planning Department Employee of the Year (Director of Planning Patty Nevins to present). 2. Mayor Warren and City Council to recognize Officer Samuel Saenz as the Fontana Police Department September 2022 Employee of the Month (Captain Burton 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 Page 3 of 13 City Council Meeting Regular Agenda October 25, 2022 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 21-1784 Approve the minutes of the October 11, 2022, City Council meeting. Attachments: City Council Meeting - October 11.pdf B. Adoption of Ordinance No. 1906 (Second Reading) 21-1809 Second Reading / Adoption of Ordinance No. 1906, approving Master Case No. 22-110 and Municipal Code Amendment No. 22-007 amending Sections of Chapter 2, Chapter 25, Chapter 26, and Chapter 30 to remove the Development Advisory Board (DAB); amending Chapter 9 to revise the definition of “sensitive receptors”; amending Chapter 30 to exempt the City from certain zoning regulations for City owned, controlled, or leased properties or facilities; amending Chapter 30 to allow development projects over two acres to develop common open space; adding Article XV to Chapter 30 creating a No Net Loss density bonus/replacement program; and amending Section 30-489 and Table Nos. 30-489 and 30-453 to rename commercial cannabis to cannabis retail stores and reference special regulations for same; and making minor modifications to Chapter 33 related to phasing and authorization letters for permit applications. Attachments: Fontana - Ordinance No 1906.pdf Written Correspondence 10.11.2022.pdf C. Fontana Forward Grant Program - Fontana Eats 21-1672 1. Approve and authorize the City Manager to establish and implement the Fontana Grant program not to exceed $3,000,000. 2. Approve and authorize the use of funds in the amount of $3,000,000 in Fund 302 as part of the City’s American Rescue Plan Act (ARPA) Expenditure Plan. 3. Approve and authorize the recategorization of the allocated $3,000,000 Small Business Loan/Grant Program to Assistance to Households Grant Program as part of the City’s American Rescue Plan Act (ARPA) Expenditure Plan. 4. Approve Program Creation and Name of Fontana Eats Attachments: FontanaEats_HouseholdGrant.pdf Page 4 of 13 City Council Meeting Regular Agenda October 25, 2022 D. Adopt Local Roadway Safety Plan (LRSP) 21-1714 Adopt the City of Fontana Local Roadway Safety Plan (LRSP) and direct staff to use the Plan to guide future project planning and grant funding opportunities Attachments: Fontana LRSP July2022 Fontana LRSP Stakeholder Outreach Summary Fontana LRSP_Equity_Policy_Engagement_Analysis_09.13.2022.pdf E. Approve a Professional Services Agreement for Geotechnical 21-1765 Engineering and Materials Testing Services for the City Hall Renovation Project - Phase I. 1. Approve and authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $165,854.00 with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Engineering and Materials Testing Services for the City Hall Renovation Project - Phase I, Request for Proposals SQ-06-DE-23. 2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement. Attachments: Vicinity Map.pdf Scoring Matrix.pdf [DRAFT] PSA (CHRP-PI; Geotech; SQ-06-DE-23; 2022-10-6) .pdf F. 2023 Selective Traffic Enforcement Program Grant Award 21-1775 (STEP) PT23029 1. Accept the State of California Office of Traffic Safety (OTS) 2023 Selective Traffic Enforcement Program (STEP) Grant, number PT23029 in the amount of $327,000 2. Authorize the Chief of Police to sign the Standard Agreement and any Amendments between the Office of Traffic Safety and the Fontana Police Department 3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department. 4. Approve to increase revenues and appropriation in the amount of $327,000 to fund #301 Attachments: Grant Agreement -PT23029.pdf Page 5 of 13 City Council Meeting Regular Agenda October 25, 2022 G. Authorize the City Engineer to Execute all Right-of-way 21-1777 Certifications Adopt Resolution No. 2022-126, Authorizing the City Engineer to Execute all Right-of-way Certifications. Attachments: Right-of-Way Resolution No. 2022-126.pdf H. Accept perimeter CFD Landscape improvements for Sierra 21-1739 Avenue & Segovia Lane for Tract No. 18944 Accept perimeter CFD Landscaping improvements for Sierra Avenue & Segovia Lane for Tract No. 18944 and release the related Faithful Performance Bond Attachments: TM 18944- SHEET 2.pdf TR18944-Vicinity Map-Layout1.pdf I. Approve a Construction Contract Amendment for the 21-1778 Construction of the Valley Boulevard/Kaiser Sewer Project Bid No. SB-19-PW-22 Approve and authorize the City Manager to increase the construction contract with GRBCON for the construction of the Valley Blvd/Kaiser Sewer Project (Bid No. SB-19-PW-22) in the amount of $160,317.15 for a total contract authorization of $937,737.75. J. Authorize the Transition of PARS Alternate Retirement 21-1773 Services to Bencor Adopt Resolution No. 2022-127, of the City Council of the City of Fontana, Authorizing the Transition of the City of Fontana PARS Alternate Retirement System Plan from Public Agency Retirement Services to Bencor. Attachments: CC Reso 2022-127 ARS Transition from PARS to Bencor.pdf K. Police Department Monthly Information Update 21-1770 Accept the Police Department monthly information update for September 2022. Attachments: September 2022 Report for City Council (2).pptx Page 6 of 13 City Council Meeting Regular Agenda October 25, 2022 L. Purchase and Sale Agreement for 16708 Spring Street - 21-1804 Downtown Fontana Property 1. Approve a Purchase and Sale Agreement for the purchase of a building and associated land located at 16708 Spring Street, east of Juniper in Downtown Fontana, more specifically described as APN #0191-161-02. 2. Approve the budget adjustment in Fund 602 Capital Improvement increasing land acquisition expenses in the amount of $990,000 to be added in the Mid-Year Budget Report 3. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. Attachments: Attachment No. 1 - Purchase Agreement M. Award Bid for Air Purifiers for City Buildings 21-1726 1. Award bid (SP-19-PW-23) and authorize the City Manager to execute the Purchase Equipment Agreement for Portable Air Purifiers and Monitors to Alliance Building Solutions, Inc. of San Diego, California in the amount not to exceed $1,831,725.00. 2. Approve and authorize the City Manager to execute any future amendments to the Purchase Equipment Agreement (SP-19-PW-23). Attachments: Building maps and sq ft.pdf City of Fontana - RFP Response RFP.SP.19.PW.23.pdf DRAFT Alliance Building Solutions Agreement SP-19-PW-23 (002)-c1.pdf Bid comparison.pdf Page 7 of 13 City Council Meeting Regular Agenda October 25, 2022 N. Award bid for Security Services SP-92-CW-22 for City Facilities 21-1722 1. Award bid and authorize the City Manager to execute a contract with American Global Security of Riverside, CA for a two-year period for a total aggregate amount not to exceed $1.95 Million, including options to extend the contract for three (3) additional one(1) year increments at the City’s sole discretion. 2. Approve and authorize the City Manager to execute any future amendments to the contract. Attachments: Scoring Matrix.pdf DRAFT Professional Services Agreement SP-92-CW-22.pdf Cost Proposal.pdf O. Authorize the City Manager to Execute an Agreement to Apply 21-1808 for a Community Transportation Needs Assessment (CTNA) Voucher. Authorize the City Manager to execute an agreement with EVGIDE Inc. to provide technical services and assistance related to applying for the Clean Mobility Options Voucher Pilot Program - Community Transportation Assessment Needs (CTNA) Voucher. Attachments: EVGIDE INTAKE FORM - CTNA.pdf Fontana CTNA Application Consultant Agreement.pdf 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) Page 8 of 13 City Council Meeting Regular Agenda October 25, 2022 A. Combined General Plan Amendments and Projects for the 21-1737 3rd General Plan Cycle of 2022; Part No. 1 (Redesignation of 6th Cycle Housing Element Properties), and Part No. 2 (Citrus Avenue Residential Development) 1.a Adopt Resolution No. 2022-128, (Part No. 1 of General Plan Amendment Cycle No. 3 of 2022,) a Resolution of the City Council of the City of Fontana, adopting an Addendum to the City of Fontana General Plan Environmental Impact Report (EIR) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 22-006 (Part No. 1 of General Plan Amendment Cycle No. 3 of 2022) amending the General Plan Land Use designation on one parcel of approximately 1.14 adjusted gross acres (APN: 0241-051-13) from General Commercial (C-G) to Multi-Family Medium High Density Residential (R-MFMH) and amending the General Plan Land Use designation on three parcels of approximately 3.06 adjusted gross acres (APN: 0241-051-02, -16 and -32) from Multi-Family Medium High Density Residential (R-MFMH) to General Commercial (C-G); and 1.b Read by title only and waive further reading of and introduce Ordinance No.1908, an Ordinance of the City Council of the City of Fontana, approving Zone Change No. 22-008 for an amendment to the Zoning Map changing the zoning designation of one parcel of approximately 1.14 adjusted gross acres (APN: 0241-051-13) from General Commercial (C-2) to Multi-Family Medium High Density Residential (R-4) and changing the zoning designation of three parcels of approximately 3.06 adjusted gross acres (APN: 0241-051-02, -16 and -32) from Multi-Family Medium High Density Residential (R-4) to General Commercial (C-2), and that the reading of the title constitutes the first reading thereof; and 2.a Adopt Resolution No. 2022-129, (Part No. 2 of General Plan Amendment Cycle No. 3 of 2022,) a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-008 (Part No. 2 of General Plan Amendment cycle No. 3 of 2022) amending the General Plan Land Use designation on approximately 4.6 adjusted gross acres (APN: 0240-011-17) from General-Commercial (C-G) to Multi Family Residential (R-MF) and removing the site from the Fontana auto center overlay, approving Tentative Tract Map No. 20521 (TTM No. 21-007) to establish 68 attached multi-family residential condominium units and approving Design Review No. 21-043 for the development of 68 attached multi-family units with amenities, landscaping and parking; and 2.b Read by title only and waive further reading of and introduce Ordinance No. 1909, an ordinance of the City Council of the City of Fontana, approving Zone Code Amendment No. 21-0010 for changes to the Zoning District Map to change the zoning on one parcel (APN: 0240-011-17) from General Page 9 of 13 City Council Meeting Regular Agenda October 25, 2022 Commercial (C-2) to Multi Family Residential (R-3), remove the parcel (APN: 0240-011-17) from the Fontana Auto Center Overlay and amend Section 30-639 Figure 1 of the Fontana Zoning Code to remove the project site from the Fontana Auto Center Overlay District and that the reading of the title constitutes the first reading thereof. Attachments: Attachment No. 1 (Part 1) - City Council Resolution 2022-128 Attachment No. 2 (Part 1) - City Council Ordinance 1908 Attachment No. 3 (Part 1) - Planning Commission Staff Report and Attachments - October 4, 2022 Attachment No. 4 (Part 1) - Draft Planning Commission Minutes Attachment No. 5 (Part 2) - City Council Resolution 2022-129 Attachment No. 6 (Part 2) - City Council Ordinance 1909 Attachment No. 7 (Part 2) - City Council Project Plans Attachment No. 8 (Part 2) - Planning Commission Staff Report and Attachments Attachment No. 9 (Part 2) - Draft Planning Commission Minutes Page 10 of 13 City Council Meeting Regular Agenda October 25, 2022 B. Second Reading and Public Hearing for the Adoption of the 21-1781 2022 Edition of the California Building Standards Code and Corresponding Base Model Codes (1) Determine that the adoption of the ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and adopting the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2021 International Building Code; the California Plumbing Code, based on the 2021 Uniform Plumbing Code; the California Electrical Code, based on the 2020 National Electrical Code; the California Mechanical Code, based on the 2021 Uniform Mechanical Code; the California Existing Building Code, based on the 2021 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2021 International Residential Code; and the 2021 Edition of the International Property Maintenance Code is exempt from further environmental review under Section 15061(b)(3) of the State CEQA guidelines, projects with no possibility of significant effects upon the environment, and direct staff to file a notice of exemption. (2) Waive further reading of and adopt Ordinance No. 1906, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2021 International Building Code; the California Plumbing Code, based on the 2021 Uniform Plumbing Code; the California Electrical Code, based on the 2020 National Electrical Code; the California Mechanical Code, based on the 2021 Uniform Mechanical Code; the California Existing Building Code, based on the 2021 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2021 International Residential Code; and the 2021 Edition of the International Property Maintenance Code; and that the reading of the title constitute the first reading thereof. Attachments: Fontana 2022 Building Code Ordinance 1906.docx NEW BUSINESS: Page 11 of 13 City Council Meeting Regular Agenda October 25, 2022 A. Fiscal Year 2022-23 First Quarter Budget Status Report 21-1793 1. Approve the recommended Fiscal Year 2022-23 First Quarter Budget Adjustments 2. Adopt Resolution No. 2022-130, of the City Council of the City of Fontana adopting new job descriptions and salary ranges for the following classifications: · Section 1. Director of Building & Safety at range EXE01 ($135,000/year - $188,958.39/year) and the updated Executive Group salary table. · Section 2. Deputy Finance Officer at range MC86 ($10,987.60/month - $13,357.07/month), Homeless Solutions Manager at range MC87 ($8,578.27/month - $10,429.47/month), Purchasing Manager at range MC88 ($7,735.87/month - $9,408.54/month), Revenue Operations Manager at range MC89 ($7 735.87/month - $9,408.54/month), Risk Manager at range MC90 ($9,597.47/month - $11,668.80/month) and the updated Management Confidential Group salary table. · Section 3. Buyer I/II at ranges CH23 ($4,251.87/month - $5,172.27/month) and CH78 ($4,803.07/month - $5,841.34/month) respectively and the updated Teamsters Local 1932 City Hall Unit salary table. 3. Adopt Resolution No. 2022---131, of the City Council of the City of Fontana eliminating the classification of Building Official and adopting the updated Management Confidential salary table. 4. Adopt Resolution No. 2022-132, of the City Council of the City of Fontana adopting the updated salary range for classifications of Senior Civil Engineer at range MC55 ($9,035.87/month - $10,985.87/month) and Senior Traffic Engineer at range MC74 ($9,035.87/month - $10,985.87/month) and the updated Management Confidential salary table. 5. Adopt Resolution No. 2022-133, of the City Council of the City of Fontana adopting the updated salary table for Non-Classified, Part-time classification due to minimum wage order. Attachments: FY22-23 First Quarter Report.pdf CC Reso Q1 FY 2022-23 Various Job Descriptions Salary Tables.pdf CC Reso Q1 FY 2022-23 - Salaries for Sr Civil Engr and Sr Traffic Engr_.pdf CC Reso Q1 FY 2022-23 Eliminate Building Official Class.pdf CC Reso Q1 FY 2022-23 - PT Minimum Wage Salary Table Update_.pdf CITY MANAGER COMMUNICATIONS: Page 12 of 13 City Council Meeting Regular Agenda October 25, 2022 A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the Special City Council Meeting on November 9, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 13 of 13