City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda WORKSHOP - 5:30 P.M. CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. Tuesday, May 9, 2023 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 May 9, 2023 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. 5:30 P.M. City Council Workshop A. Presentation for "Stage Red" Renovation Plans, 21-2182 (Representative, Jennifer Reynolds to present). 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 14 City Council Meeting Regular Agenda May 9, 2023 A. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 21-2119 GOVERNMENT CODE SECTION 54957.6 City Negotiator: Matt Ballantyne, City Manager 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 Management Association; Police Benefits Association; Police Officers Association and Management/Confidential Employees PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title of Position: City Manager CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: PROCLAMATION: A. Proclamation A. 1. Mayor Warren and City Council to proclaim May as 21-2178 Mental Health Awareness Month, Staff from Community Outreach and Support Team (COAST) to accept. 2. Mayor Warren and City Council to proclaim April 30 through May 6, as Professional Municipal Clerks Week (City Clerk Germaine Key to accept). SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor Warren and City Council to recognize Records 21-2179 Coordinator, Kathy Kasinger as City Clerk's Department Employee of the Year (Deputy City Manager, Ray Ebert to present). Page 2 of 14 City Council Meeting Regular Agenda May 9, 2023 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 21-2174 Approve the minutes of the April 21, 2023, Special City Council Meeting and the April 25, 2023, Regular City Council Meeting. Attachments: Special City Council Meeting 4-21-23.pdf City Council Meeting 4-25-2023.pdf B. Award an On-Call Contract for the Slurry Seal Resurfacing 21-2140 Program 1. Award contract and authorize the City Manager to execute a contract with American Asphalt South Inc. for the On-Call Slurry Seal Resurfacing Maintenance Contract (SB-77-DE-23). 2. Approve and authorize the City Manager to execute any future amendments to the maintenance contract. Attachments: Bid Detail Bid Proposal Page 3 of 14 City Council Meeting Regular Agenda May 9, 2023 C. Approve a Cooperative Agreement with the County of San 21-2141 Bernardino for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project 1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project 2. Accept outside Agency contribution of $87,015.50 for Project No. 38104130, Pavement Rehabilitation - RMRA 3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project Attachments: Master Plan Cooperative Agreement D. Approve a Professional Services Agreement for Engineering 21-2143 Design Services for the Citrus Avenue Widening at SR-210 Project (SP-81-DE-23) 1. Approve and authorize the City Manager to execute a Professional Services Agreement, in a not to exceed amount of $249,705.47 with EXP US Services Inc., for Engineering Design Services for the Citrus Avenue Widening at SR- 210 Project (SP-81-DE-23). 2. Approve and authorize the City Manager to execute any future amendments to the Professional Service Agreement. Attachments: Vicinity Map Professional Services Agreement Ranking Matrix Page 4 of 14 City Council Meeting Regular Agenda May 9, 2023 E. Award a Professional Services Agreement for Construction 21-2144 Management Services for the Downtown Parking Structure Project SP-88-DE-23. 1. Award and authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $398,230.00 with C.W. Driver, Inc. for Construction Management Services for the Downtown Parking Structure Project, Request for Proposals SP-88-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 Professional Services Agreement.pdf F. Approve Amendment No. 2 to the Professional Services 21-2149 Agreement for Engineering Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue Street Improvement (Malaga Bridge) Project. 1. Approve and authorize the City Manager to execute Amendment No. 2 to a Professional Services Agreement with T.Y. Lin International for Engineering Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue Street Improvement (Malaga Bridge) Project (SQ-04-DE- 19) in the amount of $72,357.00 for a total contract amount of $1,919,555.00. 2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement. 3. Approve an increase in appropriations in the amount of $72,357 to be included in the third quarter budget report. Attachments: Vicinity Map.pdf PSA Amendment No. 2 (SQ-04-DE-19).pdf Page 5 of 14 City Council Meeting Regular Agenda May 9, 2023 G. Approve a Professional Services Agreement for Design 21-2150 Services for the Date Elementary School Street Improvements Project 1. Approve and Authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $160,310.00 with Engineering Resources of Southern California for the Date Elementary School Street Improvements Project, Request for Proposals SP-93-DE- 23. 2. Approve and Authorize the City Manager to execute any future amendments to the Professional Services Agreement . Attachments: Vicinity Map Ranking Matrix Professional Services Agreement.pdf H. Final Acceptance of the Foothill Boulevard at Alder Avenue 21-2151 Curb Ramp Project Accept as complete the work performed by Gentry General for the construction of the Foothill Boulevard at Alder Avenue Curb Ramp Project (#36003370) and approve the final construction amount of $233,440.68 (Bid No. SB-01-DE-22). Attachments: Vicinity Map I. Approve Amendment to David Evans and Associates, Inc. 21-2152 Task Order for Design Services for the South Highland Avenue at Mango Avenue Traffic Signal Project. 1. Approve and authorize the City Manager to execute Task Order No. 1.3 to David Evans and Associates, Inc. in the amount of $5,600.00 for the Design Services of South Highland Avenue at Mango Avenue Traffic Signal Project for a total contract amount of $108,985.00. 2. Approve and authorize the City Manager to execute any future amendments to the Task Order. Attachments: DEA Task Order Amendment Vicinity Map Page 6 of 14 City Council Meeting Regular Agenda May 9, 2023 J. Award Professional Services Agreement for the 21-2154 Comprehensive Development Impact Fee (DIF) Update and Nexus Study 1. Award and authorize the City Manager to execute a Professional Services Agreement with David Taussig & Associates in the amount of $67,800 for the Comprehensive Development Impact Fee Update and Nexus Study and authorize a 10% contingency in the amount of $6,780 (SP-114-DS- 23) 2. Approve and authorize the City Manager to execute any future amendments to the contract. Attachments: DTA Agreement SP-114-DS-23.pdf K. Authorization to Apply for 2023 Lead Hazard Reduction Grant 21-2156 Program 1. Adopt Authorize the Fontana Housing Department to apply for the 2023 U.S. Department of Housing and Urban Development Lead Hazard Reduction Grant Program. 2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of the Lead Hazard Reduction Grant Program L. Recreational Management System Replacement 21-2163 1. Award and authorize the City Manager to execute a contract with ACTIVENetwork for the Recreational Management System, implementation services, maintenance, 10% contingency and the purchase of tablets in the total amount of $189,664.75 (Bid. No. SP-72-IT-23) 2. Authorize City Manager to execute future maintenance renewals for the Recreation Management System. Attachments: RFP SP-72-IT-23 Active Network Cost Proposal 4 11 23 .pdf SP-72-IT-23 Cumulative Proposal Ranking.pdf ActiveNet Cost Worksheet.pdf Page 7 of 14 City Council Meeting Regular Agenda May 9, 2023 M. Skate Park Management (SP-71-CS-18) 21-2168 1. Approve a one-year extension amendment to the Skate Park Management agreement SP-71-CS-18 between Action Park Alliance, Inc., and the City of Fontana to operate the day-to-day management of the two (2) City of Fontana Skate Parks (South Skate Park at Jack Bulik Park and the North Skate Park at Fontana Park) in the amount of $421,380. 2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement. Attachments: Amendment APC Operating Agreement SP-71-CS-18.docx N. Award a Construction Contract for the Kathy Binks Elementary 21-2171 Safe Routes to School Project 1. Award and authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. for the construction of the Kathy Binks Elementary Safe Routes to School Project in the amount of $322,795.00 and authorize a 10% contingency in the amount of $32,279.50 (Bid No. SB-108 -DE-23). 2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Kathy Binks Safe Routes to School Project Attachments: Vicinity Map Bid Results Bid Detail O. Approve amendment No. 1 to the Professional Services 21-2183 Agreement (SQ-47-DE-23) for Architecture and Interior Design Services (Stage Red) Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement (SQ-47-DE-23) with Ideation Design Group for architectural and Interior Design services for the renovation of stage RED in the amount of $115,600 for a total contract amount of $209,300. Attachments: City of Fontana Stage Red Agreement 4.27.23.pdf Page 8 of 14 City Council Meeting Regular Agenda May 9, 2023 P. Approve temporary lease agreement with National Community 21-2185 Renaissance for use of a portion of the former Bank of America property. 1. Approve and authorize the City Manager to execute the short-term lease agreement with National Community Renaissance Corporation for use of approximately 8,000 square feet within the property located at 16860 Arrow Blvd. 2. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to the agreement and execute any future amendments to the lease agreement. Attachments: NCRC_City of Fontana - Short-Term Lease Agreement (BofA Building).docx Q. Co-Sponsorship Application Cycle (1) FY 2023/2024 21-2186 Review and approve (12) Co-Sponsorships recommended for the first half of 2023/2024 fiscal year (July 2023 through June 2024) totaling an amount of $24,572.00 as recommended by Parks, Community, and Human Services Commission. Attachments: Attachment A Co-Sponsorship Policy.pdf Attachment B_Feb '23.pdf Attachment C_Feb '23.pdf Attachment D w_out Revenue Loss_Feb23.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 9 of 14 City Council Meeting Regular Agenda May 9, 2023 Page 10 of 14 City Council Meeting Regular Agenda May 9, 2023 A. Second Combined General Plan Amendments and Projects 21-2104 for the 2nd General Plan Cycle of 2023; Part No. 1 (Shea Industrial Commerce Center Project) and Part No. 2 (North Fontana Industrial Commerce Center Project). Part No. 1 - Shea Industrial Commerce Center Project Master Case No. 21-090, General Plan Amendment No. 21-004, Zoning District Map Amendment (Zone Change) No. 21-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), Design Review No. 21-034, and Development Agreement No. 22-006 to change the subject site’s land use designation for approximately 11.1 adjusted gross acres from Multi Family High Residential (R-MFH) to Light Industrial (I-L) and to consider site and architectural design for the development of a 199,999 square foot industrial commerce center building. 1.a Adopt Resolution No. 2023-034 (Part No. 1 of General Plan Amendment cycle No. 2 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022030544), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;, approving General Plan Amendment No. 21-004 (Part No. 1 of General Plan Amendment cycle No. 2 of 2023) amending the General Plan Land Use designation on approximately 11.1 adjusted gross acres (APNs: 0239-151-09 and -38) from Multi Family High Residential (R-MFH) to Light Industrial (I-L) and approving Tentative Parcel Map No. 20523 (TPM No. 21-018) to merge two parcels into one and approving Design Review No. 21-034 for the construction of a 199,999 square foot industrial commerce center and associated on-site and off-site improvements, and subject to the Conditions of Approval; and, 1.b Read by title only and waive further reading of and introduce Ordinance No. 1914, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (Zone Change) No. 21-006 changing the zoning designation for APNs: 0239-151-09 and -38 from Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 11.1 acres located north of Casa Grande Avenue and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof; and, 1.c Read by title only and waive further reading of and introduce Ordinance No. 1915, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-006 for a public benefit fee. Part No. 2 - North Fontana Industrial Commerce Center Project Master Case No. 21-099, General Plan Amendment No. 21-005, Zoning District Map Amendment (Zone Change) No. 21-007, Tentative Parcel Map No. 20608 (TPM No. 21-022), Design Review No. 21-039, and Development Agreement No. 22-007 - to change the subject site’s land use designation for approximately 19.0 adjusted gross acres from Page 11 of 14 City Council Meeting Regular Agenda May 9, 2023 General Commercial (C-G) and Multi Family High Residential (R-MFH) to Light Industrial (I-L) for the development of two (2) industrial commerce center buildings totaling approximately 385,043 square feet. 2.a Adopt Resolution No. 2023-035 (Part No. 2 of General Plan Amendment cycle No. 2 of 2023,) a Resolution of the City Council of the City of Fontana approving the North Fontana Industrial Commerce Center Project pursuant to the previously certified EIR (State Clearinghouse No. 2022030544), attached Facts and Findings, and Mitigation Monitoring and Reporting Program (MMRP) and directing staff to file a Notice of Determination; approving General Plan Amendment No. 21-005 (Part No. 2 of General Plan Amendment cycle No. 2 of 2023) amending the General Plan Land Use designation on approximately 19.0 adjusted gross acres (APNs: 0239-151-19, -25, -26, and -36) from General Commercial (C-G) and Multi Family High Residential (R-MFH) to Light Industrial (I-L) and approving Tentative Parcel Map No. 20608 (TPM No. 21-022) to merge four parcels into two and Design Review No. 21-039 for the construction of two (2) industrial commerce center buildings totaling approximately 385,043 square feet and associated on-site and off-site improvements and subject to the Conditions of Approval; and, 2.b Read by title only and waive further reading of and introduce Ordinance No. 1916, an Ordinance of the City Council of the City of Fontana, approving Zoning District Map Amendment (Zone Change) No. 21-007, to amend the Zoning District Map changing the Zoning Designation for APNs: 0239-151-19, -25, -26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 19.0 acres located south of Duncan Canyon Road and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof; and, 2.c Read by title only and waive further reading of and introduce Ordinance No. 1917, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-007. Page 12 of 14 City Council Meeting Regular Agenda May 9, 2023 Attachments: Attachment No. 1 (Part No. 1) - City Council Resolution Certifying EIR and Facts and Findings - MCN21-090 Attachment No. 2 (Part No. 1) - City Council Resolution GPA,TPM, DR - MCN21-090 Attachment No. 3 (Part No. 1) - City Council Ordinance Zone Change - MCN21-090 Attachment No. 4 (Part No. 1) - City Council Ordinance DA- MCN21-090 Attachment No. 5 (Part No. 1) - Planning Commission Packet - MCN21-090 Attachment No. 6 (Part No. 1) - Draft Planning Commission Minutes - MCN21-090 Attachment No. 7 (Part No. 1) - CIty Council Public Hearing Notice - MCN21-090 Attachment No. 8 (Part No. 2) - City Council Resolution Certifying Previously EIR and Facts and Findings - MCN21-099 Attachment No. 9 (Part No. 2) - City Council Resolution GPA, TPM, DR - MCN21-099 Attachment No. 10 (Part No. 2) - City Council Ordinance Zone Change - MCN21-099 Attachment No. 11 (Part No. 2) - City Council Ordinance DA - MCN21-099 Attachment No. 12 (Part No. 2) - Planning Commission Packet - MCN21-099 Attachment No. 13 (Part No. 2) - Draft Planning Commission Minutes - MCN21-099 Attachment No. 14 (Part No. 2) City Council Public Hearing Notice - MCN21-099 NEW BUSINESS: A. New Business A. American Rescue Plan Act Update 21-2181 Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects. Attachments: ATT A ARPA THIRD Q UPDATE.pdf ATT B ARPA THIRD Q UPDATE.pdf CITY MANAGER COMMUNICATIONS: A. City Manager Communications Page 13 of 14 City Council Meeting Regular Agenda May 9, 2023 ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the Special City Council Meeting on Monday, May 15, 2023, at 4:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 14 of 14