City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No.1958 Reso. No. 2024-102 Tuesday, September 10, 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 September 10, 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. 12:30 P.M. CLOSED SESSION A. 1. CONFERENCE WITH LABOR NEGOTIATORS - ALL 21-3255 BARGAINING UNITS EXCEPT POLICE OFFICER'S ASSOCIATION (Gov. Code Section 54957.6) 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of Case: Planned Parenthood/Orange and San Page 1 of 12 City Council Meeting Regular Agenda September 10, 2024 Bernardino Counties, Inc. vs. City of Fontana 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of Case: Jessica Perez vs. City of Fontana Case No. 5:24-CV-00239-JGB-SHK 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code Section 54956.8) Property: 16736 Arrow Boulevard, APN #'s 0191-162-13 and 0191-162-40 City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: Kim Family Trust (12-3-2004), Chung H Kim Under Negotiating: Price and Terms of payment 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Section 54957) Title: City Manager 7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Section 54957) Title: City Attorney CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: PROCLAMATION: A. Proclamation A. Mayor Warren and City Council to proclaim September as 21-3257 Human Resources Month (Director of Human Resources and Risk Management Rakesha Voss to present). SPECIAL PRESENTATIONS: Page 2 of 12 City Council Meeting Regular Agenda September 10, 2024 A. Special Presentations A. 1. Mayor Warren and City Council to recognize Corporal 21-3258 Buddy Porch and Garrett Gooselaw, as June 2024 Employees of the Month (Captain Burton to present). 2. Mayor Warren and City Council to recognize Human Resources and Risk Management Department Employee of the Year (Human Resources and Risk Management Director Rakesha Voss to present). 3. Mayor Warren and City Council to recognize Innovation & Technology Department Employee of the Year (Innovation & Technology Director, Jennifer Barcenas 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. Approve Consent Calendar Items as recommended by staff. A. Approval of Minutes 21-3209 Approve the minutes of the July 23, 2024, Regular City Council Meeting and the July 25, 2024, Special City Council Meeting. Attachments: City Council Meeting Minutes 07-23-2024.pdf Special City Council Meeting Minutes 07-25-2024.pdf B. Adoption of Ordinance No. 1955 (Second Reading), 21-3206 Approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Page 3 of 12 City Council Meeting Regular Agenda September 10, 2024 Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue Second Reading/Adopt Ordinance No. 1955 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue. Attachments: Ordinance 1955 - July 23 2024.docx C. Adoption of Ordinance No. 1956 (Second Reading), 21-3207 Approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan,. Second Reading/Adopt Ordinance No. 1956 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan. Attachments: Ordinance 1956 - July 23 2024.docx Exhibit A to Ordinance 1956.pdf D. Donation of Surplus Vehicles to Rotary Club of Fontana 21-3238 Approve the donation of two City of Fontana Police vehicles to Rotary Club of Fontana. Attachments: Rotary Letterhead - San Felipe.pdf E. Authorize the Purchasing Office to Piggy-back Using 21-3143 County of Los Angeles Maintenance Contract for Central Mix Rubberized Emulsion Aggregate Slurry (REAS) 1. Authorize the Purchasing Office to piggy-back using the County of Los Angeles Contract No. MA-IS-2440097-1 with Petrochem Materials Page 4 of 12 City Council Meeting Regular Agenda September 10, 2024 Innovation, LLC to include Central Mix Rubberized Emulsion Aggregate Slurry as a treatment option for the City per Fontana City Code 10-152. 2. Authorize the City Manager to execute an On-Call Maintenance Contract with Petrochem Materials Innovation, LLC and any future amendments. Attachments: L A County.pdf RFB-IS-24200342-1.pdf DRAFT - Petrochem Materials DE-25-78-MS.pdf F. Approve a Contract with TA Mentoring Services LLC for the 21-3204 Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites. 1. Approve a contract in the amount of $517,000 with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s five (5) Middle School sites. 2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method. 3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement. Attachments: TA Mentoring Services.pdf TA Mentoring Services Justification Form.pdf G. Approve a Contract with EBK & Company LLC to provide 21-3205 and deliver the US Engineering League for the Fontana Expanded Learning Program 1. Approve a contract in the amount of $300,000 with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club for the Fontana Expanded Learning Program at ten (10) Elementary School sites and the five (5) Middle School sites. 2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method. 3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement. Attachments: EBK.pdf EBK Selection Justification Form.pdf H. Authorize the purchase of two (2) 150kVA portable 21-3215 generators Page 5 of 12 City Council Meeting Regular Agenda September 10, 2024 Authorize the Public Works to use the Sourcewell Contract Agreement (#020923-MTQ) for the purchase of two (2) Multiquip 15kVA portable generators DCA150SSJU4F3 for $110,707.50 each including Taxes and any additional Delivery fees. Attachments: Multiquip Contract 020923.pdf Unit 16587 Quote.pdf Unit 16585 Quote.pdf I. Acceptance of 2025 ABC Grant 21-3217 1. Approve an ABC Grant in the amount of $23,601.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary, operation, and equipment. 2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,601.00. 3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department. 4. Approve an increase to revenues and appropriations in the amount of $23,601.00 to fund #40100004-301-A Attachments: 24-APP13 Exhibits.pdf 24-APP13 std213.pdf J. Authorization to Apply for 2024 Healthy Homes Production 21-3223 Grant Program 1. Authorize the Fontana Housing Department to apply for the 2024 U.S. Department of Housing and Urban Development Healthy Homes Production Grant Program (HHP). 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 submittal and execution of the Healthy Homes Production Grant Program (HHP). K. Authorize examination of sales and use tax records 21-3227 Adopt Resolution No. 2024-102, authorizing access to sales and use tax records. Attachments: Sales & Use Tax Access Resolution L. Approve Security Substitution for Tract No. 16897, located 21-3229 south of Miller Avenue and west of Lime Avenue, for 5A Page 6 of 12 City Council Meeting Regular Agenda September 10, 2024 Holdings, LLC. Approve security substitution for infrastructure improvements of Tract No. 16897 and authorize the City Manager to enter into a Subdivision Improvement Agreement with 5A Holdings, LLC for construction of infrastructure improvements. Attachments: Tract 16897 - Subdivision Improvement Agreement.pdf M. Approve Security Substitution for Tract No. 20382, located 21-3230 south of Foothill Boulevard and west of Banana Avenue, for Serena Village 206 Owner, LLC. Approve security substitution for infrastructure improvements of Tract No. 20382 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements. Attachments: Subdivision_Improvement_Agreement_&_Security_substituti on_TR_20382.pdf N. Approve Amendment No. 1 to Task Order No. 1 21-3232 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services 1. Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 1 (DE-24-195-SQ) with NV5, Inc. in the amount of $90,000 and an amended Task Order total of $180,000 for additional plan check, map check, and WQMP review services. 2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 1 with NV5, Inc. Attachments: NV5 Task Order No. 1 DE-24-195-SQ.pdf O. Approve Amendment No. 1 to the Professional Services 21-3237 Agreement for Architectural Design Services of the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP) 1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $1,090,490.00 for a total contract amount of $1,189,490.00. 2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00. 3. Authorize the City Manager to execute any and all utility agreements, Page 7 of 12 City Council Meeting Regular Agenda September 10, 2024 utility easements, and any related items on behalf of the City of Fontana for the City Hall Renovation Project - Phase II (City Hall). Attachments: Vicinity Map.pdf [DRAFT] PSA Amendment No. 1 (DE-24-147-SP; 2024-8-22).pdf P. Adoption of Resolution No. 2024-103 of the City Council of 21-3240 the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater. Adopt Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater. Attachments: Reso 2024-103.docx Q. Approve the Designated Subrecipient Agreement with 21-3241 Caltrans for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Agreement for the Building a Better Connected Inland Empire Project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan Area. Approve and authorize the City Manager to execute the Designated Subrecipient Agreement and future amendments with Caltrans for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant agreement for the Building a Better Connected Inland Empire project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area. Attachments: RAISE(22) DSA - Template - Building a Better Connected Inland Empire Project.docx R. Approve an Agreement for the Collection of the Inland 21-3243 Empire Utilities Agency Water Connection Fee by the City of Fontana. Authorize the City Manager to enter into an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee. Attachments: Fontana_ DRAFT Fontana Collection of IEUA WCF 2024 (07.24.24)-c1.docx S. Final Acceptance of the North Heritage Phase 1 Fiber Optic 21-3245 Project Accept as complete the work performed by GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project (#37600023). Page 8 of 12 City Council Meeting Regular Agenda September 10, 2024 Attachments: Vicinity Map T. Approve an Increase in City-Owned Contingency for the 21-3249 Design-Build Contract for the Downtown Parking Structure Project (SQ-24-DE-23-01) Approve and authorize the City Manager to increase the city-owned contingency in the amount of $800,000.00 for a total city-owned contingency amount of $1,700,000.00. Attachments: Vicinity Map (DTPS).pdf U. Accept Contribution from San Bernardino County for 21-3251 Homeless Operating and Case Management Services Authorize the City Manager or his designee to enter into a contract with the County of San Bernardino Board of Supervisors to accept a contribution in the amount of $600,000 to provide ongoing services, including operational management of homeless services and professional case management services at The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), located at 17133 Valley Boulevard, Fontana, Ca 92335. Attachments: CON-BOS-09-24-24-City of Fontana.pdf V. Approve Measure I Five-Year Capital Project Needs 21-3254 Analysis for Fiscal Years 2025/2026 - 2029/2030 Adopt Resolution No. 2024-104, adopting the Fiscal Years 2025/2026 - 2029/2030 Measure I Five-Year Capital Project Needs Analysis (CPNA). Attachments: 2024.09.10 File 21-3254 Approve Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025_2026 - 2029_2030.docx 2026-2030 CPNA - FY2024 Submittal W. Approve Main Extension Contract with the San Gabriel 21-3256 Valley Water Company Approve and authorize the City Manager to execute a Main Extension Contract with the San Gabriel Valley Water Company. Attachments: SGVWC Service Agreement X. Approve an Easement with Southern California Edison 21-3259 (SCE) Company at Sierra Avenue & Coyote Canyon Road (formerly Lytle Creek Road), for I-15 Logistics (Caprock) Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company. Page 9 of 12 City Council Meeting Regular Agenda September 10, 2024 Attachments: SCE_Easement_Final_I-15-Logistics_Caprock.pdf Y. Police Department Monthly Information Update 21-3264 Accept the Police Department monthly information update for June 2024. Attachments: June 2024 Report for City Council Rev.pptx Z. Fontana Lewis Library & Technology Center Entry Precast 21-3250 Stair Replacement Award Bid and Authorize the City Manager to execute a contract with Ace Capital Engineering of Lake Forest, CA in the amount of $123,158.20 to Replace Precast Stairs of Lewis Library Entry and authorize a 10% contingency in the amount of $12,315.82 Attachments: BidResultList -PW-24-227-SB.xlsx Project Report - PW-24-227-SB.pdf AA. Reimbursement Agreement Between the City of Fontana 21-3269 and IE Centerfield, LLC (IE) for the Sierra Avenue Basin Storm Drain Improvement Plans Approve Reimbursement Agreement between the City and IE Centerfield, LLC for the Sierra Avenue Basin Storm Drain Improvement Plans for the City to utilize in the installation of a Basin Storm Drain on Sierra Avenue, Juniper Avenue, and Jurupa Avenue. Attachments: 2024.09.10 File 21-3269 Reimbursement agreement between the City of Fontana and IE Center Field LLC (Fontana Courtplace)-c1.docx AB. Resolution in Support of Proposition 36: The 21-3273 Homelessness, Drug Addiction, and Theft Reduction Act Adopt Resolution No. 2024-105 of the City Council of the City of Fontana, California, supporting Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act Attachments: Resolution 2024.docx Prop 36 support.docx AC. Resolution of Intention to Form Community Facilities 21-3278 District No. 115M (TM 19156) Adopt Resolution No. 2024-106, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 115M. Page 10 of 12 City Council Meeting Regular Agenda September 10, 2024 Attachments: Resolution Proposed Calendar of Events Boundary Map AD. Resolution of Intention to Form Community Facilities 21-3280 District No. 116M (TM 20511) Adopt Resolution No. 2024-107, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 116M. Attachments: Resolution Proposed Calendar of Events Boundary Map 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. Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, 21-3213 a request to discuss whether the Planning Commission’s findings for and approval of Conditional Use Permit (CUP) No. 95-019R4 to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz. for an existing convenience store have been in accordance with the City of Fontana’s Zoning and Development Code and to discuss whether the approval of same is consistent with past and present City policy. 1. Uphold the staff recommendation and deny the requested modification for CUP95-019R4, thus denying the request to allow the sale of single Page 11 of 12 City Council Meeting Regular Agenda September 10, 2024 distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz; 2. Direct staff to prepare an amendment to the City’s Zoning and Development Code to codify the prohibition of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz for off-sale ABC licenses. Attachments: Attachment No. 1 - Appellant letter Attachment No. 2 - Vicinity Map Attachment No. 3 - Map of off-sale licenses within the city.pdf Attachment No. 4 - Planning Commission Staff Report Attachment No. 5 - Revised Resolution and Findings Attachment No. 6 - Planning Commission Minutes Attachment No. 7 - Police Department Memo Attachment No. 8 - Public Hearing Notice CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the next Regular City Council Meeting on September 24, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 12 of 12