City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1913 Reso. No. 2023-027 Tuesday, April 11, 2023 7:00 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 McClellan Key - City Clerk Janet Koehler-Brooks, City Treasurer City Council Meeting Regular Agenda April 11, 2023 Welcome to a meeting of the Fontana City Council! Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of 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 Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 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 a modification or accommodation in order 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 in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk". Para mayor informacion, favor de marcar el numero (909) 350-7602. 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. 6:00 P.M. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – EXISTING 21-2100 LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of case: Samir Marroush v. David Michael Goodland, City of Fontana, et al. Case #: CIVDS2011421 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title of Position: City Attorney Page 1 of 7 City Council Meeting Regular Agenda April 11, 2023 CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: CLOSED SESSION ANNOUNCEMENT A. Closed Session Announcement: PROCLAMATION: A. 1. Mayor Warren and City Council to recognize April 2023 as 21-2109 National Organ Donation Month (Elaine Jones, Representative from One Legacy, to present) SPECIAL PRESENTATIONS: A. 1. Mayor Warren and City Council to recognize Assistant 21-2108 Building Official Steven Meyers as the 2023 Building and Safety Employee of the Year (Building and Safety Director Jeffrey Baughman to present). 2. Mayor Warren and City Council to recognize Officers Julio Landaverde and Jose Rodriquez; Lead Property Control Clerk Yvonne Jimenez; and Field Evidence Technicians Aimee Gregory and Lisa Young as the Fontana Police Department January 2023 Employees of the Month (Captain Stover and Captain Burton 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 Page 2 of 7 City Council Meeting Regular Agenda April 11, 2023 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. A. Approval of Minutes 21-2101 Approve the minutes of the March 28, 2023, City Council Meeting. Attachments: March 28, 2023 City Council Meeting.pdf B. Adoption of Ordinance No. 1919 (Second Reading) 21-2111 Second Reading/Adoption of Ordinance No. 1919, an Ordinance of the City of Fontana, approving an amendment to the Zoning Map changing the zoning designation for APN 0241-071-41 from Multi-Family Residential (R-3) to Multi-Family Medium/High Density Residential (R-4) and changing the zoning designation for APN 0241-071-42 from Multi-Family High Density Residential (R-5) to Multi-Family Medium/High Density Residential (R4). Attachments: Ordinance 1919.pdf C. Adoption of Ordinance No. 1920 (Second Reading) 21-2112 Second Reading/Adoption of Ordinance No. 1920, an Ordinance of the City Council of the City of Fontana approving an amendment to Section 30-454 of the Fontana Municipal Code (Zoning and Development Code) to change the minimum setback between buildings on a parcel zoned Multi-Family Medium/High Density Residential (R-4) and parcels zoned Multi-Family Residential (R-3). Attachments: Ordinance No. 1920 D. Acceptance of Final Map for Tract No. 20010 21-2067 Approve the Final Map for Tract No. 20010 located along Coyote Canyon Road north of Duncan Canyon Road; accept easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider. Attachments: Vicinity Map.pdf Tract Map.pdf Subdivision Improvement Agreement.pdf Page 3 of 7 City Council Meeting Regular Agenda April 11, 2023 E. Approve the purchase and installation of seven (7) baseball 21-2072 backstops at three City parks: four (4) at Veteran’s West Park, two (2) at Southridge Park and one (1) at Chaparral Park. Approve and authorize the City Manager to enter into a contract agreement with NR Development Inc. of Downey, CA in the amount of $979,500.59 for the purchase and installation of seven (7) baseball backstops and authorize a contingency (10%) in the amount of $97,950.06. Attachments: Summary Bid Results.pdf Attachment No. 2 NR Development Bid F. Approval of Final Map for Tract No. 20397 21-2087 Approve the Final Map for Tract No. 20397 located on the west side of Banana Avenue south of Foothill Boulevard; accept easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider. Attachments: Tract Map.pdf Vicinity Map.pdf Subdivision Improvement Agreement.pdf G. Approve Final Change Order with E.E. Electric, Inc. for the 21-2093 Construction of the Etiwanda Avenue and Slover Avenue/Airport Drive SCE Undergrounding Project SB-02-DE-22. Authorize the City Manager to approve a change order with E.E. Electric, Inc. in the amount of $411,879.59 for the construction of the Etiwanda Avenue and Slover Avenue/Airport Drive SCE Underground Project (Bid No. DSB-02-DE-22). Attachments: Vicinity Map Etiwanda Ave & Slover Ave CCO #3 H. Award a Construction Contract for Public Works Concrete 21-2103 Maintenance Project (SB-107-PW-23) Approve and authorize the City Manager to execute a construction contract with Stance Construction Company of Chino, CA for the construction of the Public Works Concrete Maintenance Project in the amount of $700,806.95 and authorize a 10% contingency in the amount of $70,080.70 (Bid No. SB-107-PW-23). Attachments: Summary Bid Results.pdf Stance Construction Company Bid - SB-107-PW-23.pdf Page 4 of 7 City Council Meeting Regular Agenda April 11, 2023 I. Issuance of Special Tax Bonds for CFD #99 (The Retreat) 21-2105 Adopt Resolution No. 2023-027, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 99 (Mountainview) Special Tax Bonds, Series 2023, in an aggregate principal amount of not to exceed $5,500,000, 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 J. Consider opposition to Assembly Bill (AB) 1000 and support 21-2123 for Assembly Bill (AB) 1748. Authorize the Mayor and City Council to sign a letter of opposition to AB 1000 and a letter of support for AB 1748. Attachments: AB-1000 Qualifying Logistics Use Projects.pdf AB-1748 Qualifying Logistics Use Projects.pdf Sample Letter of Support for AB 1748.pdf Sample Letter of Opposition to AB 1000.pdf Approve Consent Calendar Items as recommended by staff. PUBLIC HEARINGS: To speak on Public Hearing Items, submit comments via e-mail at publiccomments@fontana.org. 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 5:00 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. Page 5 of 7 City Council Meeting Regular Agenda April 11, 2023 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. Public Hearing and Adoption of HUD Community 21-2042 Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant 2023 Annual Action Plan 1. Adopt the draft FY2023-24 Annual Action Plan for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programming; 2. Authorize the City Manager, or City Manager’s designee, to execute 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 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programs; 3. Authorize the City Manager, or City Manager’s designee, to execute 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 Community Development Block Grant (CDBG) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements. Attachments: 23-24 Fontana AAP_DRAFT REV2.pdf CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: Page 6 of 7 City Council Meeting Regular Agenda April 11, 2023 A. Adjournment Adjourn to the next Regular City Council Meeting on Tuesday, April 25, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 7 of 7