City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1940 Reso. No. 2024-001 Tuesday, January 23, 2024 2:00 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 January 23, 2024 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. The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors. 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. 1:00 P.M. CLOSED SESSION A. 1. CONFERENCE WITH LEGAL COUNSEL– EXISTING 21-2745 LITIGATION (Gov. Code, § 54956.9(d)(1).) Name of Case: Planned Parenthood/Orange and San Bernardino Counties, Inc. vs. City of Fontana, Case # CIVSB2328945 Page 1 of 10 City Council Meeting Regular Agenda January 23, 2024 2. CONFERENCE WITH LEGAL COUNSEL– EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of Case: Catalyst – Fontana LLC vs. City of Fontana, Case # CIVSB2329401 3. CONFERENCE WITH LEGAL COUNSEL – Significant Exposure to Litigation Pursuant to Government Code sec. 54956.9(e)(5): One Case CALL TO ORDER/ROLL CALL: A. 2:00 P.M.Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: CLOSED SESSION ANNOUNCEMENT: Closed Session Announcement: SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Housing Department Annual Report Presentation, Valerie 21-2748 Gonzales, Housing Development Manager to present. 2. The Southern California Municipal Athletic Federation presents the City of Fontana’s Community Services Department with their Golden Shield Award for outstanding contributions to the Federation and awards Community Services Supervisor Stan Clark with a Special Recognition for excellence in service to the Federation. 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: Page 2 of 10 City Council Meeting Regular Agenda January 23, 2024 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. Approve Consent Calendar Items as recommended by staff. A. Approval of Minutes 21-2735 Approve the minutes of the December 12, 2023, Regular City Council Meeting. Attachments: City Council Meeting Minutes 12-12-2023.pdf B. Adoption of Ordinance No. 1939 (Second Reading) 21-2711 Second Reading / Adoption of Ordinance No. 1939, approving an ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing. Attachments: Ord. No. 1939 docx.docx C. Award bid Construction Contract for Sierra Lakes 21-2676 Pavement Rehabilitation Project (Bid No. (DE-24-42-SB) 1. Award and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Sierra Lakes Pavement Rehabilitation Project, the fiscal impact associated with the approval of this item is $1,647,818.00 (37604130-283-F-8330) and authorize a 10% contingency in the amount of $164,781.80 (37604130- 283-F-8331), Bid No. (DE-24-42-SB). 2. Approve and authorize the City Manager to execute all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Lakes Pavement Rehabilitation Project. Attachments: Bid Results.docx Matich Bid Details.pdf Vicnity Map Sierra Lakes Pavement Rehab Project.pdf D. Final Acceptance of the Kathy Binks Elementary Safe 21-2697 Routes to School Project Accept as complete the work performed by CT&T Concrete Paving, Inc for the construction of the Kathy Binks Elementary Safe Routes to School Project (#37600024) and approve the final construction amount of $321,737.09 (Bid No. SB-108-DE-23). Attachments: Vicinity Map Page 3 of 10 City Council Meeting Regular Agenda January 23, 2024 E. Approve and Authorize the City Manager to Execute an 21-2709 Sewer Easement Deed with San Bernardino County Flood Control as part of the Narra Hills Project Approve and authorize the City Manager to execute an Easement Deed with San Bernardino County Flood Control District for the Narra Hills Project. Attachments: Easement Deed Sewer Pipeline F. Declaring a Portion of Real Property City-owned on 21-2710 Oleander Avenue Exempt Surplus Land 1. Adopt Resolution No. 2024-001, declaring a portion of real property City-owned on Oleander Avenue Exempt Surplus Land, located between South Highland Avenue and Highland Avenue. Attachments: Vicinity and Location _Oleander.pdf Declaring a Portion of Real Property City-Owned on Oleander Avenue Exempt Surplus Land 01042024.pdf G. Lease Agreement for Fire Station 81 21-2712 1. Approve Lease Agreement between the Fontana Fire Protection District and the City of Fontana. 2. Authorize the City Manager and/or his designee(s) to execute Lease Agreement on behalf of the City of Fontana, including extensions and non-material amendments. Attachments: Attachment No. 1 - Fontana_ Commercial Lease (Fire Station No. 81).docx H. Award a Construction Contract for the Courtplace Housing 21-2728 Development (Infrastructure Improvements) Project 1. Award bid and authorize the City Manager to execute a Construction Contract with Weka, Inc. of San Bernardino, CA for the construction of the Courtplace Housing Development (Infrastructure Improvements) Project in the amount of $4,863,524.00 and authorize a 10% contingency in the amount of $486,352.40 (Bid No. DE-24-124-SB). 2. Appropriate $1,779,000 from Storm Drain Fund (622), $294,000 from Sewer Capital Projects Fund (702), and $648,000 from Circulation Mitigation Fund (630) to the Courtplace Housing Development (Infrastructure Improvements) Project (PN0063). 3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Courtplace Housing Development (Infrastructure Improvements) Project (DE-24-124-SB). Page 4 of 10 City Council Meeting Regular Agenda January 23, 2024 Attachments: Vicinity Map (Courtplace Housing Development Project).pdf Summary Bid Results.pdf Weka Bid Detail Info.pdf Project Report Summary.pdf I. 2022 Homeland Security Grant (HSGP) 21-2729 Accept the 2022 Homeland Security Grant Program subrecipient award in the amount $37,919 from the Office of Homeland Security. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement. Attachments: FY2022 HSGP Application Notification Letter.pdf FY2022 HSGP Law_Fire Jurisdiction Allocations.pdf J. Police Department Donations July - December 2023 21-2731 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens. Attachments: PD July-Dec 2023 Donation list.pdf K. 2023 Edward Byrne Memorial Justice Assistance Grant 21-2733 (JAG) 1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2023 JAG in the amount of $58,201. 2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2023 JAG and any other documents and/or amendments required to comply with this grant award. Attachments: JAG 2023 - Acceptance - Unsigned.pdf JAG 2023 - Interlocal Agreement (MOU) - .pdf 2023 JAG Appendix 1.pdf L. Police Department Monthly Information Update 21-2736 Accept the Police Department monthly information update for November 2023. Attachments: November 2023 Report for City Council Rev.pptx Page 5 of 10 City Council Meeting Regular Agenda January 23, 2024 M. Adopt a Resolution to Authorize the City Manager to Award 21-2744 Contract to Custom Craft Flooring of La Verne, California for the Emergency Flooring Repair Work at the Fontana Senior Center 1. Adopt Resolution No 2024-002, a resolution of the City Council of the City of Fontana, recognizing that certain conditions exist with the flooring of the Senior Center requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10- 147(a)(6). 2. Authorize the City Manager, or his designee, to execute a contract with Custom Craft Flooring in the amount of $214,700 with a 10% contingency in the amount of $21,470 for the performance of emergency flooring repair work at the Fontana Senior Center. Attachments: Senior Center Flooring Quote.pdf Resolution.pdf N. Approve Purchase of Automated Camera Equipment from 21-2746 Flock Group, Inc. 1. Approve the purchase of Automated Camera Equipment from Flock Group, Inc. to be utilized at various locations throughout the City of Fontana. 2. Authorize the Chief of Police or his assigned designee to sign the Order Form and Master Service Agreement. 3. Authorize the Purchasing Department to issue purchase orders as funding become available to Flock Group, Inc., for the purchase and installation of the Automated Camera Equipment from Federal Asset Seizure Fund #223 or other Fund sources. Attachments: Fontana PD x Flock - Updated.pdf O. Option and Purchase and Sale Agreement for City owned 21-2749 property 1. Approve the Option and Purchase and Sale Agreement with SA Golden Investments, LLC for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,500 square feet, more specifically described as APN’s 0191-163-26, 0191-163-17, and 0191-163-16. 2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. Page 6 of 10 City Council Meeting Regular Agenda January 23, 2024 Attachments: Fontana - SA Golden Investments Option PSA and Joint Escrow Instructions P. Contract with Serviam by Wright LLP to serve as City 21-2753 Prosecutor Attachments: PROSECUTION CONTRACT-Fontana - Serviam LSA 2024-01 v3.pdf Q. Acceptance of Fontana’s Downtown Revitalization Grant 21-2754 1. Accept grant funding from the State of California in the amount of $3,000,000 for Fontana’s Downtown Revitalization. 2. Authorize the City Manager to approve budget adjustments to increase revenue and appropriations of $3,000,000 as detailed in the fiscal impact. PUBLIC HEARINGS: To speak on Public Hearing Items, submit comments via e-mail at publiccomments@fontanaca.gov. 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 12:00 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. Quarterly Lien Action for Delinquent Sewer, Rubbish and 21-2738 Weed Abatement Accounts 1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection. 2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection. Page 7 of 10 City Council Meeting Regular Agenda January 23, 2024 3. Adopt Resolution No. 2024-003, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof. Attachments: Public Hearing Notice - Rubbish Public Hearing Notice - Sewer Public Hearing Notice - Weed Abatement Weed Abatement Resolution January 2024 B. Master Case No. 23-094 and Specific Plan Amendment No. 21-2690 23-003 - An Ordinance of the City Council of the City of Fontana, California, approving Specific Plan Amendment No. 23-003 to modify the West End Specific Plan to add “escape rooms” as a permitted use within the light industrial zoning district generally located west of cherry avenue ease of east avenue, north of foot hill boulevard, and south of base line avenue pursuant to a categorical exemption in accordance with CEQA Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA and in the alternative Section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) and direct staff to File a Notice of Exemption. Based on the information in the staff report staff recommends that the City Council adopt Ordinance No. 1940; and, 1. Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be found with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and direct staff to File a Notice of Exemption; 2. Read by title only and waive further reading of and introduce Ordinance No. 1940, an Ordinance of the City Council of the City of Fontana, approving Master Case No. 23-094 and Specific Plan Amendment (SPA) No. 23-003 to amend the West End Specific Plan to add “Escape Room” as a permitted use within the Light Industrial District (BP2) District in the West End Specific Plan; and that the reading of the title constitutes the first reading thereof. Page 8 of 10 City Council Meeting Regular Agenda January 23, 2024 Attachments: Attachment No. 1 - Ordinance Attachment No. 2 - Notice of Exemption Attachment No. 3 - Public Hearing Notice C. Ordinance No. 2024-1941: An Ordinance of the City Council 21-2742 of the City of Fontana, California, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Development Agreement with Fontana Responsible and Compliant Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption. Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report, resolution and presented in the public hearing, staff recommends that the City Council adopt Ordinance No. 2024-1941; and recommend the City Council: 1. Find, after review of the whole of the Project, including this Development Agreement, that the project is EXEMPT from the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Section 15301 (Existing Facilities) and direct staff to file a Notice of Exemption; and 2. Approve a Development Agreement with Fontana Responsible and Compliant Retail, LLC, based upon the findings in the staff report and ordinance, pending adoption of an Operating Agreement with Fontana Responsible and Compliant Retail, LLC. 3. Approve an Operating Agreement with Fontana Responsible and Compliant Retail, LLC, as required by FMC 33-21. Attachments: Vicinity Map.docx Ordinance.docx Notice of Exemption.docx Public Hearing Notice NEW BUSINESS: A. New Business A. Appointment of Mayor Pro Tem 21-2670 Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term. CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: Page 9 of 10 City Council Meeting Regular Agenda January 23, 2024 A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the next Regular City Council Meeting on February 13, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 10 of 10