September 14, 2021 Regular City Council Meeting
»
WORKSHOP: - *This meeting was joined in progress*
A. 5:00 P.M. Joint City Council and Planning Commission Workshop
(A) Air Quality Presentation (Phil Burum, Deputy City
Manager to present);
(B) Agenda Review, and
(C) City Manager Comments
21-828
WORKSHOP:
*This meeting was joined in progress*A. 5:00 P.M. Joint City Council and Planning Commission Workshop
(A) Air Quality Presentation (Phil Burum, Deputy City
Manager to present);
(B) Agenda Review, and
(C) City Manager Comments
21-828
»
CLOSED SESSION: - A. 6:00 P.M. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Misty Solberg vs. City of Fontana Workers’
Compensation (Compromise and Release)
Claim Number: 08100003
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
21-819
City Negotiator: Mark Denny, City Manager and Rakesha
Thomas,
Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall
Bargaining Unit;
Teamsters Local 1932 Yard Bargaining Unit; Police
Management Association;
Police Benefits Association; and Management/Confidential
Employees
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
Sierra Club v. City of Fontana, et al. San Bernardino
Superior Court Case No. CIVSB2121605; and
People of the State of California v. City of Fontana, et al.
San Bernardino Superior Court Case No. CIVSB2121829
PUBLIC EMPLOYEE APPOINTMENT pursuant to
Government Code section 54957: Interim City Manager
CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSIONCONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Misty Solberg vs. City of Fontana Workers’
Compensation (Compromise and Release)
Claim Number: 08100003
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
21-819
City Negotiator: Mark Denny, City Manager and Rakesha
Thomas,
Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall
Bargaining Unit;
Teamsters Local 1932 Yard Bargaining Unit; Police
Management Association;
Police Benefits Association; and Management/Confidential
Employees
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
Sierra Club v. City of Fontana, et al. San Bernardino
Superior Court Case No. CIVSB2121605; and
People of the State of California v. City of Fontana, et al.
San Bernardino Superior Court Case No. CIVSB2121829
PUBLIC EMPLOYEE APPOINTMENT pursuant to
Government Code section 54957: Interim City Manager
»
CALL TO ORDER/ROLL CALL: - A. 7:00 P.M. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Fontana Police Department Chaplain Valerie Torres/ Pledge of Allegiance
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:INVOCATION/PLEDGE OF ALLEGIANCE:
A. Fontana Police Department Chaplain Valerie Torres/ Pledge of Allegiance
»
PROCLAMATION: - A. Mayor Warren and City Council to Proclaim September as
National Preparedness Month (Emergency Services Officer
Aminah Mears to present).
B. Mayor Warren and City Council to Proclaim September 28,
2021 as National Voter Registration Day (Deputy City Clerk
Ashton Gout to present).
21-860
PROCLAMATION:
A. Mayor Warren and City Council to Proclaim September asNational Preparedness Month (Emergency Services Officer
Aminah Mears to present).
B. Mayor Warren and City Council to Proclaim September 28,
2021 as National Voter Registration Day (Deputy City Clerk
Ashton Gout to present).
21-860
»
SPECIAL PRESENTATIONS: - A. Mayor Warren and City Council to recognize Officer Ryan
Windell and Records Specialist Ruby Landin as the Police
Department’s July 2021 Employees of the Month (Captain
Stover and Captain Burton to present).
21-872
SPECIAL PRESENTATIONS:
A. Mayor Warren and City Council to recognize Officer RyanWindell and Records Specialist Ruby Landin as the Police
Department’s July 2021 Employees of the Month (Captain
Stover and Captain Burton to present).
21-872
»
PUBLIC COMMUNICATIONS: - This is an opportunity for citizens to speak to the City Council for up to 3 minutes on items not
on the Agenda, but within the City Council's jurisdiction. 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. The Council is prohibited by law from discussing or taking immediate
action on non-agendized items.
A. Public Communications
PUBLIC COMMUNICATIONS:
This is an opportunity for citizens to speak to the City Council for up to 3 minutes on items noton the Agenda, but within the City Council's jurisdiction. 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. The Council is prohibited by law from discussing or taking immediate
action on non-agendized items.
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. Does any member of the public wish to address the City
Council regarding any item on the Consent Calendar before the vote is taken?
A. Approval of Minutes 21-822
Approve the minutes of the July 27, 2021 Regular City Council Meeting, July 28,
2021 and August 26, 2021 Special City Council Meetings.
B. Adoption of Ordinance No.1873 21-823
Second Reading/Adopt Ordinance No. 1873, an Ordinance of the City Council
of the City of Fontana, approving Specific Plan Amendment No. 21-004, to
amend development standards within Planning Area 6 of the Ventana Specific
Plan that include modifications to site layout, increased building height,
monumentation unit size, and parking standards within the 11.6 acre site.
C. Adoption of Ordinance No.1874 21-824
Second Reading/Adopt Ordinance No. 1874, an Ordinance of the City Council
of the City of Fontana, approving an amendment to Chapter 30 (Zoning and
Development Code) of the Fontana Municipal Code to include flexibility in the
application of the Zoning and Development Code standards in order to remove
housing constraints for individuals with disabilities.
D. Accept Donations for the National Night Out Event 21-865
Accept monetary and gift donations from multiple donors for the 2021 National
Night Out Event with a total value of $2,900.00 and cash amount in $600.00.
E. Acceptance of Final Map for Tract No. 20224 21-815
Approve the Final Map for Tract No. 20224 located north of Duncan Canyon
Road and east of Citrus Avenue; accept as public dedicated streets and
easements; and authorize the City Manager to enter into a Subdivision
Agreement with the subdivider.
F. Final Acceptance of Landscape Improvements along the East
side of Sierra Avenue from Terra Vista Drive to Segovia Lane
(Sierra Crest) Project
21-778
Accept as Complete the Work Performed by Kasa Construction, Inc. for the
Construction of the Landscape Improvements along the east side of Sierra
Avenue from Terra Vista Drive to Segovia Lane (Sierra Crest) Project and
approve the final construction amount of $617,150.49. (SB-99-DE-20)
G. Final Acceptance of the Redwood Avenue Sewer Project 21-821
1. Accept as complete the work performed by Kana Pipeline for the construction
of the Redwood Sewer Project.
2. Adopt Resolution No. 2021-_____, accepting the sewer in Redwood Avenue
from Washington Avenue to Slover Avenue as part of the City’s Sewer System.
H. Approve Amendment No. 1 to a Professional Services
Agreement for the Foothill Boulevard from Hemlock Avenue to
Almeria Avenue Street Improvement (Malaga Bridge) Project
21-793
1. Approve and authorize the City Manager to execute Amendment No. 1 to a
Professional Services Agreement with T.Y. Lin International for Engineering
Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue
Street Improvement (Malaga Bridge) Project (SQ-04-DE-19) in the amount of
$129,375.00 for a total contract amount of $1,847,198.00.
2. Appropriate $88,270.00 from Measure I Arterial Program Fund No. 245 with
the required match of $41,730.00 from Circulation Mitigation Fund No. 630.
I. Approve a Resolution Adjusting the Development Impact Fees 21-799
Approve Resolution No. 2021-______, Adjusting the Development Impact Fees
J. Approve Amendment No. 2 to the Common Use Agreement for
the Monarch Hills Project
21-813
Approve and authorize the City Manager to execute Amendment No. 2 to the
Common Use Agreement (CUA) 03-299 with San Bernardino County Flood
Control District for the Monarch Hills Project.
K. Approve the Measure I Five Year Local Street Capital Project
Needs Analysis for Fiscal Years 2022/2023 - 2026/2027
21-855
Adopt Resolution No. 2021-____, adopting the Measure I Five Year Local
Street Capital Project Needs Analysis (CPNA) for Fiscal Years 2022/2023 -
2026/2027.
L. Authorize the purchase of a Haaker Equipment H.D. Industries
Pro-Patch TCM-500-100-DHER
21-826
Authorize the Purchasing Office to “Piggy-Back” on the Houston-Galveston Area
Council (H-GAC) purchasing program (Contract No.SM 10-20) for the purchase
of one (1) new H.D. Industries TCM-500-100-DER Patch Truck.
M. Award Contracts for Street Signs and Supplies SB-56-PW-21 21-862
Award of contract to Safeway Sign Company and Main Street Signs & Supplies
for the purchase of various signs and supplies. The term shall be for two (2)
years with three (3) one-year extensions at the City’s sole discretion.
N. Award a Construction Contract for the Foothill Boulevard at
Alder Avenue Curb Ramp Project
21-853
1. Award and authorize the City Manager to execute a construction contract with
Gentry General Engineering, Inc. for the construction of the Foothill Boulevard at
Alder Avenue Curb Ramp Project in the amount of $233,440.68 and authorize a
10% contingency in the amount of $23,344.07 (Bid No. SB-01-DE-22).
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 Foothill Boulevard at Alder Avenue Curb Ramp Project.
3. Appropriate $230,000.00 from Local Measure I Fund No. 246 to the Foothill
Boulevard at Alder Avenue Curb Ramp Project No. 3370.
O. Department of Alcoholic Beverage Control (ABC) 21-22 Multi -
Program Mini Grant
21-734
1. Approve an ABC Grant in the amount of $26,545 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 $26,545; and
3. Approve the expenditure plan for the use of the funds to help offset the cost
of Personnel within the Police Department.
4. Increase expenditures and revenues in the amount of $26,545 in the Grant
Fund #301 - ABC Grant Budget Unit #30140340.
P. Resolution of Intent to form Community Facilities District No.
107 (Highland)
21-854
1. Adopt Resolution No. 2021-___ of the City Council of the City of Fontana of
Intention to Establish a Community Facilities District and to Authorize the Levy of
Special Taxes.
2. Adopt Resolution No. 2021-___ of the City Council of the City of Fontana to
Incur Bonded Indebtedness of the Proposed City of Fontana Community
Facilities District No. 107 (Highland).
Q. 2021 Police Department Donations 21-733
Accept monetary and gift donations from multiple donors including community
programs, businesses, and citizens.
Approve Consent Calendar Item as recommended by staff.
CONSENT CALENDAR:
All matters listed under CONSENT CALENDAR will be enacted by one motion in the formlisted 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. Does any member of the public wish to address the City
Council regarding any item on the Consent Calendar before the vote is taken?
A. Approval of Minutes 21-822
Approve the minutes of the July 27, 2021 Regular City Council Meeting, July 28,
2021 and August 26, 2021 Special City Council Meetings.
B. Adoption of Ordinance No.1873 21-823
Second Reading/Adopt Ordinance No. 1873, an Ordinance of the City Council
of the City of Fontana, approving Specific Plan Amendment No. 21-004, to
amend development standards within Planning Area 6 of the Ventana Specific
Plan that include modifications to site layout, increased building height,
monumentation unit size, and parking standards within the 11.6 acre site.
C. Adoption of Ordinance No.1874 21-824
Second Reading/Adopt Ordinance No. 1874, an Ordinance of the City Council
of the City of Fontana, approving an amendment to Chapter 30 (Zoning and
Development Code) of the Fontana Municipal Code to include flexibility in the
application of the Zoning and Development Code standards in order to remove
housing constraints for individuals with disabilities.
D. Accept Donations for the National Night Out Event 21-865
Accept monetary and gift donations from multiple donors for the 2021 National
Night Out Event with a total value of $2,900.00 and cash amount in $600.00.
E. Acceptance of Final Map for Tract No. 20224 21-815
Approve the Final Map for Tract No. 20224 located north of Duncan Canyon
Road and east of Citrus Avenue; accept as public dedicated streets and
easements; and authorize the City Manager to enter into a Subdivision
Agreement with the subdivider.
F. Final Acceptance of Landscape Improvements along the East
side of Sierra Avenue from Terra Vista Drive to Segovia Lane
(Sierra Crest) Project
21-778
Accept as Complete the Work Performed by Kasa Construction, Inc. for the
Construction of the Landscape Improvements along the east side of Sierra
Avenue from Terra Vista Drive to Segovia Lane (Sierra Crest) Project and
approve the final construction amount of $617,150.49. (SB-99-DE-20)
G. Final Acceptance of the Redwood Avenue Sewer Project 21-821
1. Accept as complete the work performed by Kana Pipeline for the construction
of the Redwood Sewer Project.
2. Adopt Resolution No. 2021-_____, accepting the sewer in Redwood Avenue
from Washington Avenue to Slover Avenue as part of the City’s Sewer System.
H. Approve Amendment No. 1 to a Professional Services
Agreement for the Foothill Boulevard from Hemlock Avenue to
Almeria Avenue Street Improvement (Malaga Bridge) Project
21-793
1. Approve and authorize the City Manager to execute Amendment No. 1 to a
Professional Services Agreement with T.Y. Lin International for Engineering
Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue
Street Improvement (Malaga Bridge) Project (SQ-04-DE-19) in the amount of
$129,375.00 for a total contract amount of $1,847,198.00.
2. Appropriate $88,270.00 from Measure I Arterial Program Fund No. 245 with
the required match of $41,730.00 from Circulation Mitigation Fund No. 630.
I. Approve a Resolution Adjusting the Development Impact Fees 21-799
Approve Resolution No. 2021-______, Adjusting the Development Impact Fees
J. Approve Amendment No. 2 to the Common Use Agreement for
the Monarch Hills Project
21-813
Approve and authorize the City Manager to execute Amendment No. 2 to the
Common Use Agreement (CUA) 03-299 with San Bernardino County Flood
Control District for the Monarch Hills Project.
K. Approve the Measure I Five Year Local Street Capital Project
Needs Analysis for Fiscal Years 2022/2023 - 2026/2027
21-855
Adopt Resolution No. 2021-____, adopting the Measure I Five Year Local
Street Capital Project Needs Analysis (CPNA) for Fiscal Years 2022/2023 -
2026/2027.
L. Authorize the purchase of a Haaker Equipment H.D. Industries
Pro-Patch TCM-500-100-DHER
21-826
Authorize the Purchasing Office to “Piggy-Back” on the Houston-Galveston Area
Council (H-GAC) purchasing program (Contract No.SM 10-20) for the purchase
of one (1) new H.D. Industries TCM-500-100-DER Patch Truck.
M. Award Contracts for Street Signs and Supplies SB-56-PW-21 21-862
Award of contract to Safeway Sign Company and Main Street Signs & Supplies
for the purchase of various signs and supplies. The term shall be for two (2)
years with three (3) one-year extensions at the City’s sole discretion.
N. Award a Construction Contract for the Foothill Boulevard at
Alder Avenue Curb Ramp Project
21-853
1. Award and authorize the City Manager to execute a construction contract with
Gentry General Engineering, Inc. for the construction of the Foothill Boulevard at
Alder Avenue Curb Ramp Project in the amount of $233,440.68 and authorize a
10% contingency in the amount of $23,344.07 (Bid No. SB-01-DE-22).
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 Foothill Boulevard at Alder Avenue Curb Ramp Project.
3. Appropriate $230,000.00 from Local Measure I Fund No. 246 to the Foothill
Boulevard at Alder Avenue Curb Ramp Project No. 3370.
O. Department of Alcoholic Beverage Control (ABC) 21-22 Multi -
Program Mini Grant
21-734
1. Approve an ABC Grant in the amount of $26,545 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 $26,545; and
3. Approve the expenditure plan for the use of the funds to help offset the cost
of Personnel within the Police Department.
4. Increase expenditures and revenues in the amount of $26,545 in the Grant
Fund #301 - ABC Grant Budget Unit #30140340.
P. Resolution of Intent to form Community Facilities District No.
107 (Highland)
21-854
1. Adopt Resolution No. 2021-___ of the City Council of the City of Fontana of
Intention to Establish a Community Facilities District and to Authorize the Levy of
Special Taxes.
2. Adopt Resolution No. 2021-___ of the City Council of the City of Fontana to
Incur Bonded Indebtedness of the Proposed City of Fontana Community
Facilities District No. 107 (Highland).
Q. 2021 Police Department Donations 21-733
Accept monetary and gift donations from multiple donors including community
programs, businesses, and citizens.
Approve Consent Calendar Item as recommended by staff.
»
Item A - Fontana Hyundai - Operating Covenant Agreement 21-846
1. Approve Resolution No. 2021-_____ of the City Council of the City of
Fontana, California, accepting the economic development subsidy report
prepared pursuant to government code section 53083 regarding an operating
covenant agreement by and between the City of Fontana and Fontana
Automotive Services East, Inc.
2. Approve the operating covenant agreement between the City of Fontana and
Fontana Automotive Service East, Inc.
3. Authorize the City Manager to execute any documents necessary or
appropriate to effectuate said approvals and/or agreements.
Item A
Fontana Hyundai - Operating Covenant Agreement 21-8461. Approve Resolution No. 2021-_____ of the City Council of the City of
Fontana, California, accepting the economic development subsidy report
prepared pursuant to government code section 53083 regarding an operating
covenant agreement by and between the City of Fontana and Fontana
Automotive Services East, Inc.
2. Approve the operating covenant agreement between the City of Fontana and
Fontana Automotive Service East, Inc.
3. Authorize the City Manager to execute any documents necessary or
appropriate to effectuate said approvals and/or agreements.
»
Item B - Consolidated Annual Performance Evaluation Report (CAPER) 21-867
1. Conduct a public hearing for the Consolidated Annual Performance and
Evaluation Report (CAPER) 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 2020-2021; and
2. Authorize the City Manager to execute any documents necessary to submit
the CAPER, along with any comments received during the public hearing and
public comment period, to the Department of Housing & Urban Development.
Item B
Consolidated Annual Performance Evaluation Report (CAPER) 21-8671. Conduct a public hearing for the Consolidated Annual Performance and
Evaluation Report (CAPER) 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 2020-2021; and
2. Authorize the City Manager to execute any documents necessary to submit
the CAPER, along with any comments received during the public hearing and
public comment period, to the Department of Housing & Urban Development.
»
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CITY MANAGER COMMUNICATIONS:
A. City Manager Communications»
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