City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No.1958 Reso. No. 2024-108 Tuesday, September 24, 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 24, 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 21-3307 LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of case: City of Fontana v. Robert Constant. Case #: CIVSB2127040. 2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: Ray Ebert, Deputy City Manager and Rakesha Voss, Director of Human Resources and Risk Management. Page 1 of 9 City Council Meeting Regular Agenda September 24, 2024 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. 3.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code section 54956.9(b) One Potential Case: Confidential per court order. U.S. District Court Central District of California CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor Warren and City Council to swear in new Fontana 21-3306 Police Officers, Jeneva Ceniceros, Rosendo Chavez, Anthony Martinez, Andrew O’Brien, Shane Ogle, Daniel Oliver, Gavin Rivers, Ryan Ruff, Anthony Simpson & Holden Sparrow (Chief Michael Dorsey to present). 2. Mayor Warren and City Council to recognize, Officers Steve Reed, Danny Romero & Sal Valencia and Community Policing Technicians Jackie Ayala & Heather Howard as July 2024 Employees of the Month (Captain Binks to present). 3. Mayor Warren and City Council to honor Staff Sergeant, Joseph F. Rodriguez for his Military Service (Parents Gogi and Frank Rodriguez to accept on his behalf). 4. Mayor Warren and City Council to recognize the Future Shapers Academy Program. PROCLAMATION: A. Proclamation A. Mayor Warren and City Council to proclaim September as 21-3309 Emergency Preparedness Month (Emergency Services Page 2 of 9 City Council Meeting Regular Agenda September 24, 2024 Coordinator, Eva Terekhova to accept proclamation and present certificates to CERT and LISTOS instructors and participants). 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 21-3297 Approve the minutes of the September 10, 2024, Regular City Council Meeting. Attachments: City Council Meeting Minutes 09-10-2024.pdf B. Approve Donations of Dog “Dax” and Present and Future 21-3192 Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation 1. Approve the donation of the dog “Dax” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Dax” to become part of the Fontana Police Department’s K-9 Unit. 2. Authorize the donation of current and future K-9 dog equipment from Fontana Police K-9 Pals to support the operations of the Fontana Police Department’s K-9 Unit C. Approve Donations of Dog “Crash” and Present and Future 21-3193 Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation 1. Approve the donation of the dog “Crash” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Crash” to become part of the Fontana Police Department’s K-9 Unit Page 3 of 9 City Council Meeting Regular Agenda September 24, 2024 2. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit Operations D. Establish a partnership with GRID ALTERNATIVES, a solar 21-3210 affordable housing program, for low-income properties Request City Council to Adopt Resolution No. 2024-108, to collaborate with GRID Alternatives to conduct a solar installation project for low-income homeowners in Fontana. Attachments: GRID Alternatives City Resolution.docx E. Final Acceptance of Tract No. 20018 In-Tract 21-3233 Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping 1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue. 2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system. Attachments: TRACT 20018 - BOND AND SUBDIVISION IMPROVEMENT AGREEMENT.pdf TRACT 20018 - VICINITY MAP.pdf TRACT 20018- RECORDED TRACT.pdf TRACT 20018 - IN-TRACT SEWER ACCEPTANCE RESOLUTION.docx F. Amend previously approved Cooperative Agreement 21-3246 between the City of Fontana and the San Bernardino County Public Works Department for annual routine maintenance and emergency response projects. Authorize the City Manager to enter into the updated Cooperative Agreement with the San Bernardino County Public Works Department for annual routine maintenance and emergency response projects. Attachments: Con-PW-Trans 8-12-24 Cooperative Agreement with City of Fontana.docx Original 2019 Agreement.pdf Vicinity Map for Service Area.pdf G. 2023 Permanent Local Housing Allocation (PLHA) Award 21-3252 and Revised Plan 1. Approve the proposed revised Permanent Local Housing Allocation Page 4 of 9 City Council Meeting Regular Agenda September 24, 2024 (PLHA) plan; 2. Adopt Resolution No. 2024-109, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD). 3. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs; 4. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements; 5. Authorize the City Manager, or City Manager’s designee, to award and enter into any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program. Attachments: PLHA Year 4 Resolution 9.24.24.docx DRAFT PLHA Formula 5-year-plan-amendment 3.pdf H. Award a Construction Contract for Public Works Concrete 21-3270 Maintenance Project Map Grid 19 (PW-24-133-SB) 1. Adopt Resolution No. 2024-110, a resolution of the City Council of the City of Fontana to award a contract. 2. Approve and authorize the City Manager to execute a construction contract with MAJ Engineering from Chino Hills, CA for the construction of the Public Works Concrete Maintenance Project in the amount of $210,527.00 and authorize a 10% contingency in the amount of $21,052.70 Attachments: Resolution.docx Bid Results by Pricing PW-24-133-SB.pdf MAJ Engineering Bid Map Grid 19.pdf I. Purchase & Sale Agreement - Downtown Fontana Property 21-3277 Page 5 of 9 City Council Meeting Regular Agenda September 24, 2024 1. Approve a Purchase & Sale Agreement for the building and associated land located at 16736 Arrow Boulevard, more specifically described as APN 0191-162-13 and APN 0191-162-40 in the amount of $871,000 2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. Attachments: 16736 Arrow Purchase Agreement SIGNED.pdf J. Acceptance of Final Map for Tract No. 20511 21-3281 Approve the Final Map for Tract No. 20511, located on the south side of Sierra Lakes Parkway between Lytle Creek Road and Maloof Avenue. Attachments: TRACT 20511 - VICINITY MAP.pdf TRACT 20511 - SUBDIVISION IMPROVEMENT AGREEMENT WITH BONDS.pdf TRACT 20511 - FINAL MAP.pdf K. Conflict-of-Interest Code 2024 Local Agency Biennial 21-3286 Notice Pursuant to the Political Reform Act 1. Receive and File the 2024 Local Agency Biennial Notice Pursuant to the Political Reform Act 2. Direct staff to promulgate the necessary amendments and return to the City Council prior to December 30, 2024 for adoption pursuant to the Political Reform Act. Attachments: 2024 Local Agency Notice_Fontana.pdf L. Approve Final Change Order with California Professional 21-3287 Engineering and Final Acceptance for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22) 1. Authorize the City Manager to approve Change Order No. 3 with California Professional Engineering in the amount of $58,856.82 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22). 2. Accept as complete the work performed by California Professional Engineering for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (SB-08-DE-22). Attachments: Vicinity Map CCO #3 (Conduit Change Added Signs).pdf Page 6 of 9 City Council Meeting Regular Agenda September 24, 2024 M. Accept Donation from Kaiser Permanente (From Garden to 21-3289 Table: Fontana Flavor Academy) Accept donation from Kaiser Permanente in the amount of $10,000 for use towards “From Garden to Table: Fontana Flavor Academy.” Attachments: 090424 Kaiser Permanente (From Garden to Table-Fontana Flavor Academy).pdf N. Final Acceptance of the Sierra Lakes Pavement 21-3291 Rehabilitation Project Accept as complete the work performed by Matich Corporation for the Sierra Lakes Pavement Rehabilitation Project (#37604130). Attachments: Sierra lakes pavement rehab Project.pdf O. Police Department Monthly Information Update 21-3296 Accept the Police Department monthly information update for July 2024. Attachments: July 2024 Report for City Council Rev.pptx P. Feasibility Study and Cost/Benefit analysis of the formation 21-3300 of a Community Choice Aggregation. Approve staff recommendation to engage with GDS Associates Inc. to perform a feasibility study and a cost/benefit analysis for the formation of a Community Choice Aggregation for the City of Fontana. Attachments: Ascend Analytics for City of Fontana CCA Formation and Operation RFP March 2024.pdf CCA Formation and Operation.pdf City of Fontana RFP CM-24-167-SP Community Choice Aggregation (CCA) Formation and Operation Proposal - REV 1.pdf 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 Page 7 of 9 City Council Meeting Regular Agenda September 24, 2024 (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 21-3228 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. 3. Adopt Resolution No. 2024-111, 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 September 2024 B. Public Hearing for Consolidated Annual Performance 21-3198 Evaluation Report (CAPER) Fiscal Year 2023-2024 1. Conduct a public hearing for the Consolidated Annual Performance and Evaluation Report prepared for the U.S. Department of Housing & Urban Development to report on specific Federal housing assistance and community development activities undertaken by the City of Fontana during Fiscal Year 2023-2024; and 2. Authorize the City Manager to enter into and/or transmit any documents necessary to submit the Consolidated Annual Performance, along with any comments received during the public hearing and public comment period, to the Department of Housing & Urban Development. Attachments: PY23 CAPER Draft 9.5.24.pdf C. First Public Hearing for the Five-Year Consolidated Plan 21-3222 (2025-2029) Conduct a first public hearing to receive comments from members of the public concerning housing and community development needs, program Page 8 of 9 City Council Meeting Regular Agenda September 24, 2024 performance, and strategies for affirmatively furthering fair housing. NEW BUSINESS: A. New Business A. Issuance of Special Tax Bonds for CFD #109 (Narra Hills) 21-3299 Adopt Resolution No. 2024-112 of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 109 (Narra Hills) Special Tax Bonds, Series 2024, in an aggregate principal amount of not to exceed $37,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions. Attachments: Resolution Indenture Continuing Disclosure Agreement Bond Purchase Agreement Preliminary Official Statement Appraisal Report 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 October 8, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 9 of 9