City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1913 Reso. No. 2023-028 Tuesday, April 25, 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 25, 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 21-2153 LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (1) Case: Anthony Harris v. City of Fontana Case # 5:23-cv-00523. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).) Initiation of Litigation: One Potential Case CALL TO ORDER/ROLL CALL: Page 1 of 7 City Council Meeting Regular Agenda April 25, 2023 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 proclaim the month of 21-2121 May 2023 as National Building and Safety Month (Building and Safety Director Jeffrey Baughman to present). SPECIAL PRESENTATIONS: A. 1. Mayor Warren and City Council to recognize Officer Frank 21-2120 Losch and Training Specialist Sabrina Vega as March 2023 Police Department Employees of the month (Captain Brian Binks 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. A. Approval of Minutes 21-2122 Approve the minutes of the April 11, 2023, City Council Meeting. Attachments: April 11, 2023 City Council Meeting.pdf B. Accept Donation from Bel-Air Swap-Meet, Inc (68th Fontana 21-2095 Days Run) Page 2 of 7 City Council Meeting Regular Agenda April 25, 2023 Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use towards the 2023 68th Annual Fontana Days Run. Attachments: Bel Air Swap Meet (68th Fontana Days Run).pdf C. Approve Police and Safety Equipment Parts and Changeover 21-2116 Service Agreement (SB-79-PW-23) 1. Approve and award bid with West Coast Lights & Sirens, Inc. and 10-8 Retrofit, Inc. for police and safety equipment parts and changeover services (SB-79-PW-23). 2. Authorize the City Manager to execute agreement with West Coast Light and 10-8 Retrofit for five (5) years and any future amendments for a total of $350,000 annually. Attachments: Bid Results.pdf Bid Recap Letter SB-85-PW-23.pdf D. Award a Construction Contract for the Cherry Avenue & South 21-2125 Highland Avenue Interim Traffic Signal Project. 1. Approve and authorize the City Manager to execute a construction contract with Elecnor Belco Electric, Inc. for the construction of the Cherry Avenue & South Highland Avenue Interim Traffic Signal Project in the amount of $278,589.00 and authorize a 10% contingency in the amount of $27,858.90 (Bid No. SB-110-DE-23). 2. Appropriate $140,000.00 from Measure I Fund 246 to the Cherry Avenue & South Highland Avenue Interim Traffic Signal Project No. 0030. Attachments: Vicinity Map Bid Results Bid Detail E. Award bid for Community Facilities District Administration 21-2127 Services (SP-50-FD-23) for Finance 1. Award bid (SP-50-FD-23) and authorize the City Manager to execute a contract with DTA, Inc. for the amount of not to exceed $106,925 for CFD Administration Services. 2. Approve and authorize the City Manager to execute any future amendments to the contract. Attachments: Scoring Matrix Contract F. Police Department Monthly Information Update 21-2130 Accept the Police Department monthly information update for March 2023. Page 3 of 7 City Council Meeting Regular Agenda April 25, 2023 Attachments: March 2023 Report for City Council Rev.pptx 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. 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. Appeal No. 23-001: A request to overturn the Planning 21-2117 Commission’s decision on January 17, 2023, approving Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031 (Master Case No. 20-083) along with the adoption of an Initial Study, Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program for the development of a commercial retail center on an approximately 8.9 adjusted gross acre site on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228-301-01 through -08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52). 1. Deny Appeal No. 23-001, thereby upholding the Planning Commission’s decision on January 17, 2023, approving Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031 (MCN No. 20- 083) along with the adoption of an Initial Study, Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program for the development of commercial retail center to include a banquet hall, dual branded hotel, restaurant/retail building, and a drive-through restaurant (In-n-out) on an Page 4 of 7 City Council Meeting Regular Agenda April 25, 2023 approximately 8.9 adjusted gross acre site on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228-301-01 through - 08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52). 2. Uphold the Planning Commission decision to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and direct staff to file a Notice of Determination. Attachments: Attachment No. 1 - Vicinity Map Attachment No. 2 - PC Staff Report and Resolution - January 17, 2023 Attachment No. 3 - PC Minutes for January 17, 2023 Meeting Attachment No. 4 - PC Comment letters and City Attorney Response Letter dated January 17, 2023 to the Appellant Attachment No. 5 - Appellant Letter 1 Dated January 30, 2023 Attachment No. 6 - Appellant Letter 1 Response Attachment No. 7 - City Council Staff Report Dated 03-28-2023 Attachment No. 8 - Appellant Letter 2 Dated March 28, 2023 Attachment No. 9 - Appellant Letter 2 Responses Attachment No. 10 - PD Support Letter for Fontana Square Attachment No. 11 - Health Risk Assessment Modeling Attachment No. 12 - Phase I Environmental Site Assessment Attachment No. 13 - Limited Phase II Environmental Site Assessment Attachment No. 14 - Public Hearing Notice B. Public Hearing on Formation of Community Facilities 21-2126 District 112 (The Gardens Phase One) 1. Adopt Resolution No. 2023-028, of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No. 112 (The Gardens Phase One), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district. 2. Adopt Resolution No. 2023-029, of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No. 112 (The Gardens Phase One). 3. Adopt Resolution No. 2023-030, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 112 (The Gardens Phase One). Page 5 of 7 City Council Meeting Regular Agenda April 25, 2023 4. Adopt Resolution No. 2023-031, of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien. 5. Read by title only and waive further reading of and introduce Ordinance No. 1913 levying special taxes within the City of Fontana Community Facilities District No. 112 (The Gardens Phase One); and that the reading of the title constitutes the first reading thereof. 6. Adopt Resolution No. 2023-032, of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement. Attachments: Resolution of Formation Resolution to Incur Bonded Indebtedness Resolution Calling a Special Election Resolution Declaring Results Ordinance Resolution Authorizing LOC and Acquisition and Funding Agreement Notice of Special Tax Lien CFD Report Lennar Consent and Waiver AG EHC II Consent and Waiver Acquisition and Funding Agreement Letter of Credit Agreement C. User Fees for City Services 21-2131 Adopt Resolution No. 2023-033 a resolution of the City of Fontana adjusting existing user fees for various services provided by The City. Attachments: Resolution Exhibit A CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Page 6 of 7 City Council Meeting Regular Agenda April 25, 2023 Adjourn to the next Regular City Council Meeting on May 9, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 7 of 7