City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda WORKSHOP - 5:00 P.M. REGULAR MEETING - 7:00 P.M. Ord. No. 1926 Reso. No. 2023-102 Tuesday, October 24, 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 Key - City Clerk Janet Koehler-Brooks, City Treasurer City Council Meeting Regular Agenda October 24, 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. City Council Workshop 5:00 P.M. City Council Workshop A. 1. CCA Power Purchase Option Presentation. (John Valdivia to 21-2574 present). 2. 2022-23 Preliminary Yearend Results and 2023-24 First Quarter Budget Report (Chief Financial Officer, Jessica Brown to present). CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: PROCLAMATION: A. Proclamation Page 1 of 8 City Council Meeting Regular Agenda October 24, 2023 A. 1. Mayor and City Council to proclaim the month of 21-2572 November 2023 as National Epilepsy Awareness Month (Legacy Bridges Foundation, Inc. Executive Director, Melanee A. Stovall, to accept. SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor and City Council to introduce Mayor's Youth 21-2573 Advisory Council Board. (Community Services Coordinator Andrew Solares to present). 2. Mayor and City Council to recognize Summit High School Majorette Team. 3. Mayor and City Council to swear in Officers, Angel Martinez, Anthoniey Rodriguez, and Steve Solis. (Chief Dorsey to present). 4. Mayor Warren and City Council to recognize Officer Amanda Losch, Dispatch Supervisors Mary Jo Grinceri, Cheri Parker and Jennifer Schlotterbeck, Dispatchers Laura Asten, Shannon Behrse, Teddy Boucher, Maricela Edmonds, Zahhiyah Gaj, Melodi Mundrick and Diana Zick, and Call Taker Angelica Roberts as September 2023 Employees of the Month. (Captain Stover 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. Page 2 of 8 City Council Meeting Regular Agenda October 24, 2023 Approve Consent Calendar Items as recommended by staff. A. Approval of Minutes 21-2556 Approve the minutes of the October 10, 2023, City Council Meeting. Attachments: City Council Meeting Minutes 10-10-2023.pdf B. Adoption of Ordinance No. 1925 (Second Reading) 21-2555 Second Reading / Ordinance No. 1925, an Ordinance of the City of Fontana adding Fontana Municipal Code sections 1-14 (Enforcement Obstruction consequences) and 15-829 (Impoundment) relating to Sidewalk Vending. Attachments: Fontana - Sidewalk Vending Ord v2 (Unsigned).pdf C. Purchase & Sale Agreement - Sure Stay Hotel 21-2451 1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located at 17133 Valley Boulevard, more specifically described as APN #0191-351-15-0000 in the amount of $14,500,000. 2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. Attachments: Attachment No. 1 - Purchase Sale Agreement - Sure Stay Hotel D. Purchase Capacity Upgrade for CCTV Video Surveillance 21-2475 Storage Approve purchase of Dell PowerVault storage system expansion from Sidepath in the amount of $90,734.73 to expand the capacity of the City’s CCTV video surveillance storage system. Storage solution was bid using the National Association of State Procurement Officials (NASPO) master contract MNWNC-108, California addendum 7-15-70-34-003. Attachments: QUOTE-SIDQ45535-01-Fontana-SIDPROJECT42571-ME4 Expansion PS 9152023.pdf GOV_34090.6..pdf california-participating-addendum.pdf Dell NASPO MNWNC-108_ Ext Amend to 10.31.2023_FE[88][1].pdf Page 3 of 8 City Council Meeting Regular Agenda October 24, 2023 E. Approve the Second Amendment to the Memorandum of 21-2505 Understanding with the City of Rancho Cucamonga for the San Sevaine Trail Phase I, Segment 2 Project Approve and authorize the City Manager to execute the Second Amendment to the Memorandum of Understanding (MOU) with the City of Rancho Cucamonga for the San Sevaine Trail Phase 1, Segment 2 Project. Attachments: Vicinity Map Second Amendment to San Sevaine Trail MOU F. Award a Construction Contract for the Jurupa Avenue 21-2517 Landscape Median Project (Bid No. DE-24-09-SB). 1. Award Bid and authorize the City Manager to execute a construction contract with KASA Construction, Inc. for the construction of the Jurupa Avenue Landscape Median Project in the amount of $4,854,925.10 and authorize a 10% contingency in the amount of $485,492.51 (Bid No. DE- 24-09-SB). 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 Jurupa Avenue Landscape Median Project. Attachments: Vicinity Map Bid Results Bid Detail G. Acceptance of Final Map for Parcel Map No. 20529 and 21-2521 Abandonment of a Certain Portion of Right of Way of Banana Avenue Accept Parcel Map No. 20529 located at the northwest corner of Banana Avenue and Rose Avenue; accept as public dedicated streets and easements; and authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Banana Avenue. Attachments: Vicinity Map.pdf Parcel Map.pdf H. Fiscal Year 2023-24 First Quarter Budget Status Report 21-2531 Approve the recommended Fiscal Year 2023-24 First Quarter Budget adjustments. Attachments: FY23-24 First Quarter Budget Status Report.pdf Page 4 of 8 City Council Meeting Regular Agenda October 24, 2023 I. Resolution of Public Interest and Convenience No. 21-2534 2023-101 declaring the intent to sell 1.94 acres of City owned property and declaring the property exempt surplus land and setting a public hearing to consider protest for conveyance of the property. Adopt the Resolution of Public Interest and Convenience No. 2023-102, declaring the City’s intent to sell 1.94 acres of unimproved land located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (a portion of assessor parcel numbers 0255-101-22-0-000 and 0255-101-23-0-000) (“Property”) in order to facilitate the construction of a 50 unit affordable family-apartment housing project (“Project”), declaring the Property exempt surplus land pursuant to Government Code Section 54221(f)(1)(A) as it is surplus land that is being transferred pursuant to Government Code Section 37364, setting a public hearing to consider protests for conveyance of the Property; adopt California Environmental Quality Act findings concerning the adequacy of the previously adopted Mitigated Negative Declaration, and Mitigation, Monitoring and direct staff to file a Notice of Determination Attachments: Attachment No. 1 - City Council Resolution Property Conveyance for Fontana Courtplace J. Police Department Monthly Information Update 21-2537 Accept the Police Department monthly information update for September 2023. Attachments: September 2023 Report for City Council Rev.pptx Page 5 of 8 City Council Meeting Regular Agenda October 24, 2023 K. Land Use and Economic Impact Analysis 21-2577 1. Approve and authorize the City Manager to enter into an agreement with Kosmont and Associates in the amount of $150,000 plus 10% contingency for a Land Use and Economic Impact Analysis of the six (6) new zoning districts within the Downtown Core and any future amendments to the agreement. 2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5. Attachments: Kosmont Proposal - Fontana Economic Advisory Proposal_.pdf Kosmont Economic Qualifications.pdf ORD 1923 091223 Zoning Cores.pdf ORD 1924 090523 Urgency Ordinance Moratorium EXT.pdf ORD 1922 072523 Urgency Ordinance Moratorium Zoning Cores.pdf L. American Rescue Plan Act Update 21-2510 Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects. Attachments: ARPA Attachment A.pdf ARPA Attachment B.pdf Page 6 of 8 City Council Meeting Regular Agenda October 24, 2023 NEW BUSINESS: A. New Business A. MIS23-015: A request for permission to file a new 21-2547 application for a general plan amendment, specific plan amendment, zoning district map amendment, three design reviews, three tentative parcel map requests and development agreement for the property located at Citrus and Oleander Avenue at Santa Ana Avenue due to a change in plans pursuant to Fontana Municipal Code Section 30-39, 30-47 and 30-74 (Time Limitations). Staff is recommending that City Council grant Acacia Real Estate Group, Inc. (the “Applicant”) permission to file a new application based on a change in the plans to be submitted, pursuant Fontana Municipal Code Section 30-39, 30-47, and 30-74 (Time Limitations). Attachments: Attachment No. 1 - Request Letter Ne Application, Related to MCN22-053, Citrus- Oleander Avenue at Santa Ana Avenue B. General Fund Balance and Reserve Policy 21-2557 1. Approve the General Fund Balance and Reserve Policy 2. Approve the City’s Pension Liability Pre-Funding Plan of Additional Discretionary Payments Attachments: 2023 Fund Balance Policy.docx C. Special Ballot Measure Tax Consulting 21-2552 Approve and authorize the City Manager to enter into an agreement (SP-50-FD-23-01) and any future amendments with DTA, Inc. in the amount of $79,500 for an exploratory tax study of Community Facilities District fund consolidation and restructuring. Attachments: DTA Special Tax Study CFD formation.pdf D. Special Ballot Measure Feasibility Survey 21-2564 Approve and authorize the City Manager to enter into an agreement with FM3 Research in the amount of $104,800 to provide feasibility survey and research for a potential November 2024 Community Facilities District consolidation ballot measure. Attachments: FM3 Proposal - Survey Research.pdf Page 7 of 8 City Council Meeting Regular Agenda October 24, 2023 E. Special Ballot Measure Development 21-2565 1. Approve and authorize the City Manager to enter into an agreement with TeamCivX in the amount of $94,200 for the development of a potential November 2024 Community Facilities District consolidation ballot measure and future amendments. 2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5. Attachments: Team CivX Proposal - CFD Ballot Measure.pdf CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjourn to the next Regular City Council Meeting on November 14, 2023 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 8 of 8