Fontana — 2024-09-10

CLOSED SESSION:\nA. 12:30 P.M. CLOSED SESSION\nA. 1. CONFERENCE WITH LABOR NEGOTIATORS - ALL 21-3255\nBARGAINING UNITS EXCEPT POLICE OFFICER'S\nASSOCIATION\n(Gov. Code Section 54957.6)\n2. CONFERENCE WITH LEGAL COUNSEL – EXISTING\nLITIGATION\n(Gov. Code Section 54956.9(d)(1))\nName of Case: Planned Parenthood/Orange and San\nBernardino Counties, Inc. vs. City of Fontana\n3. CONFERENCE WITH LEGAL COUNSEL - EXISTING\nLITIGATION\n(Gov. Code Section 54956.9(d)(1))\nName of Case: Catalyst - Fontana LLC v. City of Fontana, et\nal Case No. CIVSB2329401\n4. CONFERENCE WITH LEGAL COUNSEL - EXISTING\nLITIGATION\n(Gov. Code Section 54956.9(d)(1))\nName of Case: Jessica Perez vs. City of Fontana Case No.\n5:24-CV-00239-JGB-SHK\n5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Gov. Code Section 54956.8)\nProperty: 16736 Arrow Boulevard, APN #'s 0191-162-13 and\n0191-162-40\nCity Negotiator: Phillip Burum, Deputy City Manager\nNegotiating Party: Kim Family Trust (12-3-2004), Chung H\nKim\nUnder Negotiating: Price and Terms of payment\n6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(Gov. Code Section 54957)\nTitle: City Manager\n7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(Gov. Code Section 54957)\nTitle: City Attorney

A. Approval of Minutes 21-3209\nApprove the minutes of the July 23, 2024, Regular City Council Meeting and\nthe July 25, 2024, Special City Council Meeting.

AA. Reimbursement Agreement Between the City of Fontana 21-3269\nand IE Centerfield, LLC (IE) for the Sierra Avenue Basin\nStorm Drain Improvement Plans\nApprove Reimbursement Agreement between the City and IE Centerfield,\nLLC for the Sierra Avenue Basin Storm Drain Improvement Plans for the City\nto utilize in the installation of a Basin Storm Drain on Sierra Avenue, Juniper\nAvenue, and Jurupa Avenue.

B. Adoption of Ordinance No. 1955 (Second Reading), 21-3206\nApproving, pursuant to the certified Final Program\nEnvironmental Impact Report Program (SCH No.\n2023050271) and approved Mitigation Monitoring and\nReporting for the new Walnut Village Specific Plan Project,\nZoning Code Amendment (ZCA) No. 24-003 to remove the\nAuto Center Overlay from approximately 8.5 acres (APNs:\n0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44,\nand -45) east of Sierra Avenue, north and south of South\nHighland Avenue\nSecond Reading/Adopt Ordinance No. 1955 approving, pursuant to the\ncertified Final Program Environmental Impact Report Program (SCH No.\n2023050271) and approved Mitigation Monitoring and Reporting for the new\nWalnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No.\n24-003 to remove the Auto Center Overlay from approximately 8.5 acres\n(APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and\n-45) east of Sierra Avenue, north and south of South Highland Avenue.

C. Adoption of Ordinance No. 1956 (Second Reading), 21-3207\nApproving, pursuant to the certified Final Program\nEnvironmental Impact Report Program (SCH No.\n2023050271) and approved Mitigation Monitoring and\nReporting for the new Walnut Village Specific Plan Project,\nSpecific Plan Amendment No. 24-001 rescinding the\nexisting Walnut Village Specific Plan (SP-3) and replacing it\nwith the new Specific Plan to establish a new Walnut\nVillage Specific Plan,.\nSecond Reading/Adopt Ordinance No. 1956 approving, pursuant to the\ncertified Final Program Environmental Impact Report Program (SCH No.\n2023050271) and approved Mitigation Monitoring and Reporting for the new\nWalnut Village Specific Plan Project, Specific Plan Amendment No. 24-001\nrescinding the existing Walnut Village Specific Plan (SP-3) and replacing it\nwith the new Specific Plan to establish a new Walnut Village Specific Plan.

D. Donation of Surplus Vehicles to Rotary Club of Fontana 21-3238\nApprove the donation of two City of Fontana Police vehicles to Rotary Club of\nFontana.

E. Authorize the Purchasing Office to Piggy-back Using 21-3143\nCounty of Los Angeles Maintenance Contract for Central\nMix Rubberized Emulsion Aggregate Slurry (REAS)\n1. Authorize the Purchasing Office to piggy-back using the County of Los\nAngeles Contract No. MA-IS-2440097-1 with Petrochem Materials\nInnovation, LLC to include Central Mix Rubberized Emulsion Aggregate\nSlurry as a treatment option for the City per Fontana City Code 10-152.\n2. Authorize the City Manager to execute an On-Call Maintenance Contract\nwith Petrochem Materials Innovation, LLC and any future amendments.

F. Approve a Contract with TA Mentoring Services LLC for the 21-3204\nNoble Youth Program to be delivered at Fontana Expanded\nLearning Program school sites.\n1. Approve a contract in the amount of $517,000 with TA Mentoring\nServices LLC to provide and deliver the Noble Youth Leadership Program\nat the Fontana Expanded Learning Program’s five (5) Middle School sites.\n2. Approve the Non-Competitive Proposal purchase under the Purchasing\nPolicies 3.1.5 for Single Source/Sole Source method.\n3. Authorize the City Manager or designee to sign the agreement, all related\ndocuments, and any amendments for the term of the agreement.

G. Approve a Contract with EBK & Company LLC to provide 21-3205\nand deliver the US Engineering League for the Fontana\nExpanded Learning Program\n1. Approve a contract in the amount of $300,000 with EBK & Company LLC\nto provide and deliver the US Engineering League, Mechanical\nEngineering/Robotics Club for the Fontana Expanded Learning Program\nat ten (10) Elementary School sites and the five (5) Middle School sites.\n2. Approve the Non-Competitive Proposal purchase under the Purchasing\nPolicies 3.1.5 for Single Source/Sole Source method.\n3. Authorize the City Manager or designee to sign the agreement, all related\ndocuments, and any amendments for the term of the agreement.

H. Authorize the purchase of two (2) 150kVA portable 21-3215\ngenerators\nAuthorize the Public Works to use the Sourcewell Contract Agreement\n(#020923-MTQ) for the purchase of two (2) Multiquip 15kVA portable\ngenerators DCA150SSJU4F3 for $110,707.50 each including Taxes and any\nadditional Delivery fees.

I. Acceptance of 2025 ABC Grant 21-3217\n1. Approve an ABC Grant in the amount of $23,601.00 to increase the\ndepartment’s proactive efforts of ABC education and enforcement. The\nfunding will be used for the current employee’s salary, operation, and\nequipment.\n2. Authorize the Chief of Police to sign the agreement between the\nDepartment of Alcoholic Beverage Control and the Fontana Police\nDepartment for the total amount of $23,601.00.\n3. Approve the expenditure plan for the use of the funds to help offset the\ncost of personnel within the Police Department.\n4. Approve an increase to revenues and appropriations in the amount of\n$23,601.00 to fund #40100004-301-A

J. Authorization to Apply for 2024 Healthy Homes Production 21-3223\nGrant Program\n1. Authorize the Fontana Housing Department to apply for the 2024 U.S.\nDepartment of Housing and Urban Development Healthy Homes\nProduction Grant Program (HHP).\n2. Authorize the City Manager, or City Manager’s designee, to execute and\ntransmit any documents necessary or desirable to ensure the City's timely\nsubmittal and execution of the Healthy Homes Production Grant Program\n(HHP).

K. Authorize examination of sales and use tax records 21-3227\nAdopt Resolution No. 2024-102, authorizing access to sales and use tax\nrecords.

L. Approve Security Substitution for Tract No. 16897, located 21-3229\nsouth of Miller Avenue and west of Lime Avenue, for 5A\nHoldings, LLC.\nApprove security substitution for infrastructure improvements of Tract No.\n16897 and authorize the City Manager to enter into a Subdivision\nImprovement Agreement with 5A Holdings, LLC for construction of\ninfrastructure improvements.

M. Approve Security Substitution for Tract No. 20382, located 21-3230\nsouth of Foothill Boulevard and west of Banana Avenue,\nfor Serena Village 206 Owner, LLC.\nApprove security substitution for infrastructure improvements of Tract No.\n20382 and authorize the City Manager to enter into a Subdivision\nImprovement Agreement with Serena Village 206 Owner, LLC for\nconstruction of infrastructure improvements.

N. Approve Amendment No. 1 to Task Order No. 1 21-3232\n(DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check,\nand WQMP Review Services\n1. Approve and authorize the City Manager to execute Amendment No. 1 to\nTask Order No. 1 (DE-24-195-SQ) with NV5, Inc. in the amount of\n$90,000 and an amended Task Order total of $180,000 for additional plan\ncheck, map check, and WQMP review services.\n2. Approve and authorize the City Manager to execute any future\namendments to Task Order No. 1 with NV5, Inc.

O. Approve Amendment No. 1 to the Professional Services 21-3237\nAgreement for Architectural Design Services of the City\nHall Renovation Project - Phase II (City Hall; DE-24-147-SP)\n1. Approve and authorize the City Manager to execute Amendment No. 1 to\nthe Professional Services Agreement with Sillman Wright Architects for\nArchitectural Design Services for the City Hall Renovation Project - Phase\nII (DE-24-147-SP) in the amount of $1,090,490.00 for a total contract\namount of $1,189,490.00.\n2. Approve and authorize the City Manager to execute future individual\nProfessional Services Agreement Amendments not exceeding\n$100,000.00.\n3. Authorize the City Manager to execute any and all utility agreements,\nutility easements, and any related items on behalf of the City of Fontana for\nthe City Hall Renovation Project - Phase II (City Hall).

P. Adoption of Resolution No. 2024-103 of the City Council of 21-3240\nthe City of Fontana amending Administrative Policy Section\n20-37 Gift(s) of Tickets and/or Passes to include Miller\nAmphitheater.\nAdopt Resolution No. 2024-103 of the City Council of the City of Fontana\namending Administrative Policy Section 20-37 Gift(s) of Tickets and/or\nPasses to include Miller Amphitheater.

Q. Approve the Designated Subrecipient Agreement with 21-3241\nCaltrans for the Rebuilding American Infrastructure with\nSustainability and Equity (RAISE) Grant Agreement for the\nBuilding a Better Connected Inland Empire Project at\nCherry Avenue and Victoria Avenue within the Westgate\nSpecific Plan Area.\nApprove and authorize the City Manager to execute the Designated\nSubrecipient Agreement and future amendments with Caltrans for the\nRebuilding American Infrastructure with Sustainability and Equity (RAISE)\ngrant agreement for the Building a Better Connected Inland Empire project at\nCherry Avenue and Victoria Avenue within the Westgate Specific Plan area.

R. Approve an Agreement for the Collection of the Inland 21-3243\nEmpire Utilities Agency Water Connection Fee by the City\nof Fontana.\nAuthorize the City Manager to enter into an Agreement for the Collection of\nthe Inland Empire Utilities Agency Water Connection Fee.

S. Final Acceptance of the North Heritage Phase 1 Fiber Optic 21-3245\nProject\nAccept as complete the work performed by GA Technical Services, Inc. for\nthe construction of the North Heritage Phase 1 Fiber Optic Project\n(#37600023).

T. Approve an Increase in City-Owned Contingency for the 21-3249\nDesign-Build Contract for the Downtown Parking Structure\nProject (SQ-24-DE-23-01)\nApprove and authorize the City Manager to increase the city-owned\ncontingency in the amount of $800,000.00 for a total city-owned contingency\namount of $1,700,000.00.

U. Accept Contribution from San Bernardino County for 21-3251\nHomeless Operating and Case Management Services\nAuthorize the City Manager or his designee to enter into a contract with the\nCounty of San Bernardino Board of Supervisors to accept a contribution in\nthe amount of $600,000 to provide ongoing services, including operational\nmanagement of homeless services and professional case management\nservices at The Path, formerly known as the Homelessness Prevention\nResources and Care Center (HPRCC), located at 17133 Valley Boulevard,\nFontana, Ca 92335.

V. Approve Measure I Five-Year Capital Project Needs 21-3254\nAnalysis for Fiscal Years 2025/2026 - 2029/2030\nAdopt Resolution No. 2024-104, adopting the Fiscal Years 2025/2026 -\n2029/2030 Measure I Five-Year Capital Project Needs Analysis (CPNA).

W. Approve Main Extension Contract with the San Gabriel 21-3256\nValley Water Company\nApprove and authorize the City Manager to execute a Main Extension\nContract with the San Gabriel Valley Water Company.

X. Approve an Easement with Southern California Edison 21-3259\n(SCE) Company at Sierra Avenue & Coyote Canyon Road\n(formerly Lytle Creek Road), for I-15 Logistics (Caprock)\nApprove and authorize the City Manager to execute the Easement with\nSouthern California Edison (SCE) Company.

Y. Police Department Monthly Information Update 21-3264\nAccept the Police Department monthly information update for June 2024.

Z. Fontana Lewis Library & Technology Center Entry Precast 21-3250\nStair Replacement\nAward Bid and Authorize the City Manager to execute a contract with Ace\nCapital Engineering of Lake Forest, CA in the amount of $123,158.20 to\nReplace Precast Stairs of Lewis Library Entry and authorize a 10%\ncontingency in the amount of $12,315.82

A. Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, 21-3213\na request to discuss whether the Planning Commission’s\nfindings for and approval of Conditional Use Permit (CUP)\nNo. 95-019R4 to allow the sale of single distilled spirits and\nwine smaller than 375 ml and the sale of beer/malt\nbeverages in single size containers of 40 oz. for an existing\nconvenience store have been in accordance with the City\nof Fontana’s Zoning and Development Code and to discuss\nwhether the approval of same is consistent with past and\npresent City policy.\n1. Uphold the staff recommendation and deny the requested modification for\nCUP95-019R4, thus denying the request to allow the sale of single\ndistilled spirits and wine smaller than 375 ml and the sale of beer/malt\nbeverages in single size containers of 40 oz;\n2. Direct staff to prepare an amendment to the City’s Zoning and\nDevelopment Code to codify the prohibition of distilled spirits and wine\nsmaller than 375 ml and the sale of beer/malt beverages in single size\ncontainers of 40 oz for off-sale ABC licenses.