City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1942 Reso. No. 2024-007 Tuesday, February 27, 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 February 27, 2024 Welcome to a meeting of the Fontana City Council. Welcome to a meeting of the Fontana City Council. Meetings are held at 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 Council Chambers 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 accommodation 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 at the City Clerk’s Office. Para traducción en Español, comuniquese con la oficina,“City Clerk” al (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 21-2851 LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of Case: Planned Parenthood/Orange and San Bernardino Counties, Inc. vs. City of Fontana 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: 0191-161-13 (16726 Spring Street); 0191-161-18 Page 1 of 8 City Council Meeting Regular Agenda February 27, 2024 (16710 Spring Street) City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: J. Esther Taylor Under Negotiating: Price and Terms of payment 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: 0191-162-21;0191-162-22 (16767 Spring Street) City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: Vincent Duarte Under Negotiating: Price and Terms of payment CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: CLOSED SESSION ANNOUNCEMENT A. Closed Session Announcement: PRESENTATIONS: A. Presentations A. 1. Mayor Warren and City Council to recognize 21-2853 Engineering/ Public Works Employee of the Year (Public Works Director/ City Engineering, Gia Kim 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 Page 2 of 8 City Council Meeting Regular Agenda February 27, 2024 Consent Calendar for discussion. A. Approval of Minutes 21-2827 Approve the minutes of the February 13, 2024, Regular City Council Meeting. Attachments: City Council Meeting Minutes 02-13-2024.pdf B. Adopt Resolution 2024-007 of the City Council of the City of 21-2747 Fontana approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act Adopt Resolution No. 2024-007, approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act . Attachments: Fontana - Resolution Approving Second Amendment to Burrtec FA-c1.docx Fontana_ 2nd Amendment to Solid Waste Agreement with Burrtec-c1.docx C. Award a Construction Contract for the Sidewalk 21-2771 Reconstruction Project (Grids 29, 35, 36, and 42) 1. Award bid and authorize the City Manager to execute a construction contract with SNZ Contractors Inc. for the construction of the Sidewalk Replacement (Grids 29, 35, 36, and 42) Project in the amount of $232,155.00 and authorize a 10% contingency in the amount of $23,215.50 (Bid No. DE-24- 108-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 Sidewalk Reconstruction Project (Grids 29, 35, 36, and 42). Attachments: Grid Location Maps.pdf Bid Results.docx Bid Details.pdf D. Award a Construction Contract for the Southridge Grid 53 21-2785 Pavement Rehabilitation Project 1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Southridge Grid 53 Pavement Rehabilitation Project in the amount of $1,306,547.00 and authorize a 10% contingency in the amount of $130,654.70 (Bid No. SB-152 -DE-23). Page 3 of 8 City Council Meeting Regular Agenda February 27, 2024 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 Southridge Grid 53 Pavement Rehabilitation Project (PN0061). 3. Defund $400,000.00 from the Southridge Grid 53 Pavement Rehabilitation Project (PN0061). Attachments: Southridge Grid 53 G&O with ramps.pdf Bid Results.docx Bid Details.pdf E. Award a Construction Contract for the Rose Avenue Pavement 21-2786 Rehabilitation Project (DE-24-86-SB) 1. Award bid and authorize the City Manager to execute a construction contract with Dash Construction Company, Inc. for the construction of the Rose Avenue Pavement Rehabilitation Project in the amount of $217,777.00 and authorize a 10% contingency in the amount of $21,777.70 (Bid No. DE-24-86 -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 Rose Avenue Pavement Rehabilitation Project. Attachments: Location Map.pdf Bid Results.docx Bid Details.pdf F. Award a Construction Contract for the 2023-24 SB-1 Road 21-2793 Repair and Accountability Act for the Jurupa Avenue Pavement Rehabilitation Project, from Hemlock Avenue to Sierra Avenue 1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Jurupa Avenue Pavement Rehabilitation Project, in the amount of $2,016,716.00 and authorize a 10% contingency in the amount of $201,671.60 (Bid No. DE-24-87-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 Pavement Rehabilitation Project. Attachments: Jurupa Ave - Citrus to Sierra.pdf Jurupa Ave - Beech to Citrus with ramps.pdf Jurupa Ave - Hemlock to Beech with ramps.pdf Bid Results.docx Bid Details.pdf Page 4 of 8 City Council Meeting Regular Agenda February 27, 2024 G. Award a Construction Contract for the Sierra Avenue 21-2794 Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard 1. Award bid and authorize the City Manager to execute a construction contract with Onyx Paving Company, Inc. for the construction of the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard, in the amount of $848,000.00 and authorize a 10% contingency in the amount of $84,800.00 (Bid No. DE-24-89-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 Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (PN0065). 3. Appropriate $400,000.00 from Capital Reinvestment Fund (601) to the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (PN0065). Attachments: Sierra Ave with ramps - San Bernardino to Valley Map.pdf Bid Results Sierra Avenue.docx BidResultDetail.pdf H. Award a Construction Contract for the Randall Avenue Street 21-2795 Improvement Project, from Catawba Avenue to Citrus Avenue 1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Randall Avenue Street Improvement Project in the amount of $923,094.00 and authorize a 10% contingency in the amount of $92,309.40 (Bid No. DE-24-88-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 Randall Avenue Street Improvement Project. 3. Appropriate $450,000 from Capital Reinvestment Fund (601) and $210,000 from Measure I, Local Fund (246) to the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue (PN0048). Attachments: Randall Street Improvments Project MAP.pdf Bid Results Randall.docx Bidders Details.pdf I. Approve Amendment No. 1 to Task Order with Albert Webb 21-2810 and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue Page 5 of 8 City Council Meeting Regular Agenda February 27, 2024 1. Approve and authorize the City Manager to execute Amendment No.1 to Task Order with Albert Webb and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue (SQ-87-DE-19-30) in the amount of $121,800.00 for a total contract amount of $425,800.00. 2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $100,000.00 for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue. Attachments: Amendment Fee Proposal.pdf J. 2023 Parks, Recreation & Trails Master Plan Update 21-2818 Approve and adopt the new 2023 Parks, Recreation & Trails Master Plan. Attachments: CC workshop 092623.pptx 2024.02.27 File 21-2818 Park Master Plan.pdf K. Purchase and Sale Agreement - Downtown Fontana Property 21-2822 1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 8572 Sierra Avenue and 8600 Sierra Avenue, more specifically described as APNs 0191-274-33 and 0191-284-13. 2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. Attachments: Attachment No. 1 - Purchase Agreement - 8572 Sierra Avenue Attachment No. 2 - Purchase Agreement - 8600 Sierra Avenue L. Approve Agreement with City of San Bernardino for Animal 21-2825 Shelter Services 1. Approve an Agreement with the City of San Bernardino and the City of Fontana to provide animal sheltering services and collective shelter improvement funding. 2. Authorize the City Manager or his assigned designee to sign the Agreement for Animal Services Between the City of San Bernardino and the City of Fontana. 3. Approve an appropriation from Fund 101 to 10140221 to allow the City to pay for shelter services and improvements per the agreement with the City of San Bernardino. Attachments: San Bernardino_ Template Animal Shelter Services Agreement 2024-Fontana (002).docx M. Annual Update of Military Equipment Use Inventory Pursuant 21-2826 to California AB 481 Page 6 of 8 City Council Meeting Regular Agenda February 27, 2024 1. Motion to approve the “Annual Military Equipment Use Inventory Report” 2. Determine the adoption of the annual report is categorically exempt from CEQA pursuant to Section 15061(B)(3). Attachments: 2024 FONTANA POLICE MILITARY EQUIPMENT INVENTORY 2023-c1-c1.docx Fontana AB 481 Ordinance-c1-c1-c1.pdf Fontana Policy 709 [Military Equipment]-c1-c1-c1.pdf Fontana PD - AB 481 2023 Annual Report on Military Equipment Usage.docx N. Amend Administrative Policy Environmental Preferable 21-2830 Purchases and Practices Policy 20-31 Adopt Resolution 2024-008, of the City Council of the City of Fontana, amending Administrative Policy Section 20-31 (Environmental Preferable Purchases and Practices) Attachments: Fontana - Resolution 2024 - Administrative Policy 20-31 - Enbironmentally Preferably Purchases and Practices.pdf City of Fontana Administrative Policy Section 20-31 - Env Preferable Purchases and Practices Policy.pdf O. Approve Funding Agreement Between OmniTrans and the 21-2835 Fontana Police Department 1. Approve a Funding Agreement Between OmniTrans and the City of Fontana Police Department for security guard services for sixteen (16) months with an additional one year agreement as long as it remains in the best interest of the city. 2. Authorize the City Manager or his designee to sign all related agreement documents including extensions or modifications for the security services as outlined in the funding agreement. Attachments: MOU- Fontana Extra Security Draft -Final.pdf P. Translation Services Policy 21-2847 Approve Translation Services Policy Attachments: TranslationPolicyDRAFT.docx Q. Resolution Opposing Initiative #21-0042A1, a November 2024 21-2850 Statewide Ballot Proposition. Approve Resolution No. 2024-009, Opposing Initiative #21-0042A1, a November 2024 statewide ballot proposition. Attachments: CBRT-Oppose-Resolution_2024.docx Page 7 of 8 City Council Meeting Regular Agenda February 27, 2024 NEW BUSINESS: A. New Business A. Fiscal Year 2023-24 Midyear Budget Status Report 21-2811 Approve the recommended Fiscal Year 2023-24 Midyear Budget adjustments. Attachments: Fiscal Year 2023-24 Midyear Budget Status Report FINAL V4.pdf B. American Rescue Plan Act Update 21-2834 Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects. Attachments: ARPA Attachment A pdf.pdf ARPA Attachment B pdf.pdf C. Annual Comprehensive Financial Report for Fiscal Year 21-2816 Ended June 30, 2023 Receive and File the City of Fontana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2023. Attachments: ACFR 6.30.2023 CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports A. Discussion and Possible Action Regarding Appointing 21-2854 Regular and Alternate Members to Local Agencies /Regional Boards ADJOURNMENT: A. Adjournment Adjourn to the next Regular City Council Meeting on March 12, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 8 of 8