City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda WORKSHOP - 5:30 P.M. REGULAR MEETING - 7:00 P.M. Ord. No. 1922 Reso. No. 2023-056 Tuesday, July 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 Key - City Clerk Janet Koehler-Brooks, City Treasurer City Council Meeting Regular Agenda July 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. WORKSHOP: A. 5:30 P.M. City Council Workshop 1. Annual Comprehensive Financial and Single Audit Reports. 2. Fourth Quarter Budget Status Reports. CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: PROCLAMATION: A. Proclamation Page 1 of 22 City Council Meeting Regular Agenda July 25, 2023 A. 1. Mayor Warren and City Council to proclaim August as 21-2361 Sickle Cell Trait Prevention Month (Sickle Cell Trait Prevention Founder and Executive Director, Farron Dozier, to accept). 2. Mayor Warren and City Council to proclaim August 1, 2023, as National Night Out (Chief Dorsey, to accept). SPECIAL PRESENTATIONS: A. Special Presentations A. Mayor Warren and City Council to recognize Officers Mario 21-2323 Mancha, Bradley Terwilliger, and Dispatcher II Lindsay Ernes as the Fontana Police Department June 2023 Employees of the Month. Captain Stover to present (to Officers Mancha & Terwilliger) and Captain Binks (to present to Dispatcher II Lindsay Ernes). 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 21-2325 Approve the minutes of the July 11, 2023, City Council Meeting. Attachments: City Council Meeting 7-11-23.pdf Page 2 of 22 City Council Meeting Regular Agenda July 25, 2023 B. Adoption of Ordinance No. 1916 (Second Reading) 21-2317 Second Reading / Ordinance No. 1916, an Ordinance of the City Council of the City of Fontana, approving Zoning District Map Amendment (Zone Change) No. 21-007, to amend the Zoning District Map changing the Zoning Designation for APNs: 0239-151-19, -25, -26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 19.0 acres located south of Duncan Canyon Road and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof. Attachments: Ord. No. 1916.docx C. Adoption of Ordinance No. 1917 (Second Reading) 21-2318 Second Reading of Ordinance No. 1917, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-007 (Acacia Real Estate Group, Inc.) Attachments: Ord. No. 1917.docx D. Approve the purchase of Three (3) Sewer Pumps for the 21-2308 future Tamarind Lift Station Reconstruction Project. 1. Authorize the Sole Source purchase of the Flygt Sewer Pumps and accessories from Xylem Water Solutions USA, Inc. in the amount of $137,775 plus applicable sales tax for the Tamarind Lift Station. 2. Approve Public Works Department to continue standardizing the Flygt Pumps for the City’s Sewer Lift Stations. Attachments: Tamarind Lift Station Pump Quote for purchase.pdf E. Police Department Donations Jan-June 2023 21-2312 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens. Attachments: Jan-June 2023 Fontana PD Donation List.pdf Page 3 of 22 City Council Meeting Regular Agenda July 25, 2023 F. Measure I Five Year Local Street Capital Improvement 21-2313 Program Amendment and Annual Adoption Adopt Resolution No. 2023-056, approving an amendment to the Fiscal Years 2022/2023 - 2026/2027 Measure I Five Year Local Street Capital Improvement Program (CIP) and adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2023/2024 - 2027/2028. Attachments: Resolution No. 2023- Attachment A - Amended FY 2022/23-2026/27 Measure I Five Year CIP Attachment B - FY 2023/24-2027/28 Measure I Five Year CIP G. Police Department Monthly Information Update 21-2321 Accept the Police Department monthly information update for June 2023. Attachments: June 2023 Report for City Council Rev.pptx H. Fontana Art Association General Cooperative Operating 21-2327 Agreement 1. Approve a one-year extension of the Art Association General Cooperative Operating Agreement between the Fontana Art Association (FAA) and the City of Fontana to operate the Koehler Gallery and provide cultural arts opportunities. 2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement. Attachments: Agreement With Fontana Art Association 7-2023 for 072523.pdf I. Levy of a Special Tax in Community Facilities Districts 21-2324 (Maintenance) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-057, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Page 4 of 22 City Council Meeting Regular Agenda July 25, 2023 J. Levy of a Special Tax in Community Facilities District No. 7 21-2328 (Country Club Estates) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-058, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Location Map K. Levy of a Special Tax in Community Facilities District No. 21-2329 11 (Heritage West End) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-059, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Location Map L. Levy of a Special Tax in Community Facilities District No. 21-2330 12 (Sierra Lakes) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-060, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Location Map Page 5 of 22 City Council Meeting Regular Agenda July 25, 2023 M. Levy of a Special Tax in Community Facilities District No. 21-2331 22 (Sierra Hills South) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-061, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Location Map N. Levy of a Special Tax in Community Facilities District No. 21-2332 31 (Citrus Heights North) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-062, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map O. Levy of a Special Tax in Community Facilities District No. 21-2333 37 (Montelago) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-063, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Location Map Page 6 of 22 City Council Meeting Regular Agenda July 25, 2023 P. Levy of a Special Tax in Community Facilities District No. 21-2334 70 (Avellino) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-064, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 70 (Avellino) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map Q. Levy of a Special Tax in Community Facilities District No. 21-2335 71 (Sierra Crest) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-065, Authorizing the Levy of Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Location Map R. Levy of a Special Tax in Community Facilities District No. 21-2336 74B and 74M (Citrus/Summit) for Fiscal Year 2023-2024. 1. Adopt Resolution No. 2023-066, Authorizing the Levy of a Special Tax in Community Facilities District No. 74B (Citrus/Summit) for Fiscal Year 2023-2024. 2. Adopt Resolution No. 2023-067, Authorizing the Levy of a Special Tax in Community Facilities District No. 74M (Citrus/Summit) for Fiscal Year 2023-2024. Attachments: Resolution to Levy Community Facilities District No. 74B Resolution to Levy Community Facilities District No. 74M Exhibit A Exhibit B Exhibit C Boundary Map Page 7 of 22 City Council Meeting Regular Agenda July 25, 2023 S. Levy of a Special Tax in Community Facilities District No. 21-2337 80 (Bella Strada) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-068, Authorizing the Levy of Special Tax in Community Facilities District No. 80 (Bella Strada) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map T. Levy of a Special Tax in Community Facilities District No. 21-2338 81 (Gabriella) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-069, Authorizing the Levy of Special Tax in Community Facilities District No. 81 (Gabriella) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map U. Levy of a Special Tax in Community Facilities District No. 21-2339 85 (The Meadows) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-070, Authorizing the Levy of Special Tax in Community Facilities District No. 85 (The Meadows) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map V. Levy of a Special Tax in Community Facilities District No. 21-2340 86 (Etiwanda Ridge) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-071, Authorizing the Levy of Special Tax in Community Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map Page 8 of 22 City Council Meeting Regular Agenda July 25, 2023 W. Levy of a Special Tax in Community Facilities District No. 21-2341 87 (El Paseo) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-072, Authorizing the Levy of Special Tax in Community Facilities District No. 87 (El Paseo) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map X. Levy of a Special Tax in Community Facilities District No. 21-2342 88 (Sierra Crest II) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-073, Authorizing the Levy of Special Tax in Community Facilities District No. 88 (Sierra Crest II) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map Y. Levy of a Special Tax in Community Facilities District No. 21-2343 89 (Belrose) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-074, Authorizing the Levy of Special Tax in Community Facilities District No. 89 (Belrose) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map Z. Levy of a Special Tax in Community Facilities District No. 21-2344 90 (Summit @ Rosena Phase 1) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-075, Authorizing the Levy of Special Tax in Community Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map Page 9 of 22 City Council Meeting Regular Agenda July 25, 2023 AA. Levy of a Special Tax in Community Facilities District No. 21-2345 95 (Summit @ Rosena Phase 2) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-076, Authorizing the Levy of Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AB. Levy of a Special Tax in Community Facilities District No. 21-2346 100 (Victoria) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-077, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AC. Levy of a Special Tax in Community Facilities District No. 21-2347 106 (Mountainview) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-078, Authorizing the Levy of Special Tax in Community Facilities District No.106 (Mountainview) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AD. Levy of a Special Tax in Community Facilities District No. 1 21-2349 (Southridge Village) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-079, Authorizing the Levy of a Special Tax in Community Facilities District No. 1 (Southridge) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Location Map Page 10 of 22 City Council Meeting Regular Agenda July 25, 2023 AE. Levy of a Special Tax in Community Facilities District No. 21-2350 99 (The Retreat) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-080, Authorizing the Levy of Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AF. Levy of a Special Tax in Community Facilities District No. 21-2351 107 (Highland) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-081, Authorizing the Levy of Special Tax in Community Facilities District No.107 (Highland) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AG. Levy of a Special Tax in Community Facilities District No. 21-2352 109 (Narra Hills) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-082, Authorizing the Levy of Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AH. Levy of a Special Tax in Community Facilities District No. 21-2353 111 (Monterado) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-083, Authorizing the Levy of Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map Page 11 of 22 City Council Meeting Regular Agenda July 25, 2023 AI. Levy of a Special Tax in Community Facilities District No. 21-2354 112 (The Gardens Phase One) for Fiscal Year 2023-2024. Adopt Resolution No. 2023-084, Authorizing the Levy of Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2023-2024. Attachments: Resolution Exhibit A Exhibit B Boundary Map AJ. 2023-2024 Statement of Investment Policy 21-2348 Adopt the City of Fontana Statement of Investment Policy for Fiscal Year 2023-2024. Attachments: 2023-2024 Investment Policy AK. Approve lease agreement, supportive service agreement 21-2357 and property management agreements for Homekey and Family Homelessness Challenge Grant properties. 1. Approve and authorize the City Manager to execute the lease agreements with Water of Life Community Church for Homekey and Family Homelessness Challenge Grant properties. 2. Approve and authorize the City Manager to execute the supportive services agreements with Water of Life Community Church for Homekey and Family Homelessness Challenge Grant properties. 3. Approve and authorize the City Manager to execute the property management agreements with Quality Management Group for Homekey and Family Homelessness Challenge Grant properties. 4. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to these agreements and execute any future amendments to these agreements. Attachments: WOL_Supportive Services Agreement.docx WOL_Fontana Tamarind Lease .docx FHC Grant_QMG Agreement -c1.docx Page 12 of 22 City Council Meeting Regular Agenda July 25, 2023 AL. Annual Comprehensive Financial Report for Fiscal Year 21-2356 Ended June 30, 2022 and Single Audit Report Fiscal Year Ended June 30, 2022 1. Receive and File the City of Fontana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2022. 2. Receive and File the City of Fontana’s Single Audit Report (SAR) for Fiscal Year ended June 30, 2022.Recomm Attachments: Fontana 2022 ACFR.pdf Single Audit Report Final.pdf AM. Fiscal Year 2022-23 Fourth Quarter Budget Status Report 21-2363 Approve Fourth Quarter Budget Status Report Attachments: Fiscal Year 22-23 Fourth Quarter Budget Status Report.pdf AN. Approve contract adjustment for federal lobbying services 21-2372 with Smith, Dawson & Andrews (SDA). Authorize the city manager to execute a contract agreement between the City of Fontana and Smith, Dawson & Andrews to continue services in support of the city’s Washington, DC legislative initiatives in an amount not to exceed $6,500 per month. Attachments: DRAFT Smith Dawson & Andrews Professional Services Agreement.pdf AO. Approve Amendment No. 2 to the Professional Services 21-2377 Agreement (MS-78-DS-23) for Branding, Marketing and Photography Services (Stage Red). Attachments: Amendment No. 2.pdf Meat and Potatoes Agr MS-78-DS-23.pdf Page 13 of 22 City Council Meeting Regular Agenda July 25, 2023 AP. Award a Contract for the acquisition and installation of 21-2378 furnishings and fixtures for Stage RED 1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the furnishings and fixtures related to the renovation of Stage RED (Bid No. DS-24-07-SP) in an amount not to exceed $675,000. 2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the furnishings and fixtures related to the renovation of Stage RED. 3. Authorize the City Manager or his designee the authority to surplus and/or dispose of existing furnishings, fixtures, and audio-visual equipment that is not being reused as part of the renovation. Attachments: Stage Red Furnishings RFP (DS-24-07-SP).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 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) Page 14 of 22 City Council Meeting Regular Agenda July 25, 2023 A. Third Combined General Plan Amendments and Projects 21-2227 for the 3rd General Plan Cycle of 2023; Part No. 1 - Downtown Core Project and associated Environmental Impact Report, and Part No. 2 - The Heights at Southridge Project and associated Addendum to the Southridge Village Specific Plan Environmental Impact Report, and Part No. 3 - Citrus/Oleander Industrial Commerce Center Project and associated Environmental Impact Report. Part No. 1 - Downtown Core Project Master Case No. 22-118: General Plan Amendment (GPA) No. 22-010 and Zoning Code Amendment (ZCA) No. 22-010 - General Plan Amendments and Zoning Code update to implement the new Downtown Core, bordered by Foothill Blvd. to the north, Randall Avenue to the south, Juniper Avenue to the west, and Mango Avenue to the east, to allow higher density residential and mixed-use development along with the ultimate creation of a pedestrian plaza in the Downtown area. The proposed General Plan and Zoning and Development Code amendments include new land use districts and associated development standards promoting housing density and a vibrant Downtown with added residential development, amenities, attractive architecture and commercial development. An Environmental Impact Report (EIR) was prepared for the project. 1a) Adopt Resolution No. 2023-086, (Part No. 1 of General Plan Amendment cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110624), adopting a Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and a Statement of Facts and Findings and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-010 (Part No. 1 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 478 acres from Walkable Mixed Use Corridor & Downtown (WMXU-1) and Residential Single Family (R-SF) to Walkable Mixed Use Downtown Core (WMXU-3) and modifying the text of Chapter 9 (Community Mobility and Circulation) to reflect implementation of a pedestrian plaza on Sierra Avenue, Chapter 14 (Downtown Area Plan) to establish the goals and actions for the Downtown area and 15 (Land Use, Zoning, and Urban Design) to establish the Walkable Mixed Use Downtown Core (WMXU-3); and, 1b) Read by title only and waive further reading of and introduce Ordinance No. 1923, an Ordinance of the City Council of the City of Fontana, approving a Zoning Code Amendment (ZCA No. 22-010) establishing new zoning districts within the Downtown Core and amending the text of the Zoning and Development Code to set development standards for the Downtown Core area. Page 15 of 22 City Council Meeting Regular Agenda July 25, 2023 Part No. 2 - The Heights at Southridge Project Master Case No. 22-084: General Plan Amendment No. 22-008, Specific Plan Amendment No. 22-004, Tentative Parcel Map No. 20565 (TPM No. 22-018), Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review No. 22-043, and Administrative Site Plan No. 23-014 - Amendment of the subject site’s land use designation for approximately 37.32 adjusted gross acres which includes five parcels; Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC) and proposed development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units), with various amenities and a public park within a 54 acre project area (37.32 acre development site), and associated Addendum to the Southridge Village Specific Plan Environmental Impact Report. 2a) Adopt Resolution No. 2023-085, (Part No.2 of General Plan Amendment Cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana approving an Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) for The Heights at Southridge Project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-008 (Part No. 2 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 58 adjusted gross acres (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19) including Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC); approving Specific Plan Amendment No. 22-004 to amend Planning Area 56 from Bird Farm (BF). Planning Area 66A from Quarry (Q) to Entry Estates/Duplex, which is a Medium Density Residential land use category with a maximum density of 8 dwelling units per acre for approximately 37.32 acres, and modifying the development standards within the Medium Density Residential Zoning District, located south of Village Drive and east of Live Oak Avenue; approving Tentative Parcel Map No. 20565 (TPM No. 22-018) to subdivide two existing parcels into four parcels; approving Tentative Tract Map No. 20568 (TTM No. 22-007) to divide one existing lot into 255 lots for condominium purposes; and approving Design Review No. 22-043 and Administrative Site Plan No. 23-014 for site and architectural review for the development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units) and associated amenities and a the Page 16 of 22 City Council Meeting Regular Agenda July 25, 2023 development of a park site within a 37.32-acre site and associated improvements, respectively and subject to the Conditions of Approval; and, Part No. 3 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 21-053, Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22-005, Specific Plan Amendment (SPA) No. 22-002, Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map 20707 (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3) - Amendment of the subject site’s land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and proposed site and architectural design for the development of three (3) industrial commerce center buildings totaling approximately 540,849 square feet, and associated Final Environmental Impact Report (EIR). 3a) Adopt Resolution No. 2023-087, (Part No. 3 of General Plan Amendment cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-004 (Part No. 3 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) to process three parcel maps to consolidate six (6) parcels into one parcel, to develop project sites for Building No. 1 and Building No. 2, and to consolidate five (5) parcels into one for the development of the project site for Building No. 3 respectively subject to conditions of approval, and approving Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) for the site and architecture review for three buildings totaling approximately 540,849 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and, Page 17 of 22 City Council Meeting Regular Agenda July 25, 2023 3b) Read by title only and waive further reading of and introduce Ordinance No. 1924, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (Zone Change) No. 22-005 changing the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and, 3c) Read by title only and waive further reading of and introduce Ordinance No. 1925, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-002, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and, 3d) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-005 for a public benefit fee. Page 18 of 22 City Council Meeting Regular Agenda July 25, 2023 Attachments: Attachment No. 1 (Part No. 1) - Resolution to Certify EIR Attachment No. 2 (Part No. 1) - Resolution for General Plan Amendment Attachment No. 3 (Part No. 1) - Community Mobility and Circulation Attachment No. 4 (Part No. 1) - Downtown Area Plan Attachment No. 5 (Part No. 1) - Land Use, Zoning, and Urban Design Attachment No. 6 (Part No. 1) - Ordinance for Zone Change Attachment No. 7 (Part No. 1) - Ordinance for Zoning Code Amendments - Exhibit A Attachment No. 8 (Part No. 1) - Downtown Fontana Development Guidebook Attachment No. 9 (Part No. 1) - Planning Commission Packet Attachment No. 10 (Part No. 1) - City Council Public Hearing Notice Attachment No. 11 (Part No. 2) - Resolution for GPA, SPA, TPM, ASP, DR Attachment No. 12 (Part No. 2) - Planning Commission Package, MCN22-084 Attachment No. 13 (Part No. 2) - Draft Planning Commission Minutes from June 20, 2023 Attachment No. 14 (Part No. 2) - City Council Public Hearing Notice_MCN22-084 Attachment No. 15 (Part No. 3) - Resolution to Certify EIR Attachment No. 16 (Part No. 3) - Resolution for GPA, TPM, DR Attachment No. 17 (Part No. 3) - Ordinance for Zone Change Attachment No. 18 (Part No. 3) - Ordinance for SPA Attachment No. 19 (Part No. 3) - Ordinance for DA Attachment No. 20 (Part No. 3) - Planning Commission Package, MCN-22-053 Attachment No. 21 (Part No. 3) - Draft Planning Commission minutes from June 20, 2023 Attachment No. 22 (Part No. 3) - City Council Public Hearing Notice_MNC 22-053 Page 19 of 22 City Council Meeting Regular Agenda July 25, 2023 B. Public Hearing to Establish Fiscal Year 2023-2024 21-2355 Assessment Rates for Landscape and Lighting Maintenance Districts. 1. Adopt Resolution No. 2023-090, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2023-2024. 2. Adopt Resolution No. 2023-091, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2023-2024. 3. Adopt Resolution No. 2023-092, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2023-2024. 4. Adopt Resolution No. 2023-093, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2023-2024. 5. Adopt Resolution No. 2023-094, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2023-2024. Attachments: LMD 1 Resolution LMD 2 Resolution LMD 3 Resolution LMD 3-1 Resolution LLMD 3 Resolution Page 20 of 22 City Council Meeting Regular Agenda July 25, 2023 C. An Urgency Ordinance of the City Council of the City of 21-2371 Fontana in Accordance with Government Code Section 65858 Enacting for a Period of Forty-Five (45) Days a Moratorium on the Approval of any Building Permit, Occupancy Permit, Conditional Use Permit, Variance, Subdivision Map, Design Review or other Land Use Entitlement or Permit, or Regulatory License or Permit Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based, Non-Entertainment Uses. Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. 1922, “An Urgency Ordinance of the City Council of the City of Fontana in Accordance with Government Code Section 65858 Enacting for a Period of Forty-Five (45) Days a Moratorium on the Approval of any Building Permit, Occupancy Permit, Conditional Use Permit, Variance, Subdivision Map, Design Review or other Land Use Entitlement or Permit, or Regulatory License or Permit Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based, Non-Entertainment Uses. ” Attachments: Attachment No. 1 - Urgency Ordinance Attachment 2-Ordinance Exhibit A.pdf D. Third Amendment to Fontana Woman’s Club Operating 21-2373 Covenant Agreement. 1. Adopt Resolution No. 2023-095, of the City Council of the City of Fontana Approving the Third Amendment to the Operating Covenant Agreement Between the City and Fontana Woman’s Club, a California Domestic Nonprofit, to Bring Current the Installment Schedule as Set Forth in the Second Amended Operating Covenant and to Effectuate Conditions for Repayment Forgiveness Thereof. 2. Find that the amendment to the Operating Covenant Agreement is exempt from the California Environmental Quality Act Review (CEQA) under Sections 15301, 15331, and 15332 of the State CEQA Guidelines and direct staff to file the Notice of Exemption within five days. Attachments: Attachment No. 1 - Resolution Adopting Third Amendment to Fontana Woman's Club OA.docx Attachment No. 2 - Third Amendment to OCA for Fontana Womans Club.docx CITY MANAGER COMMUNICATIONS: Page 21 of 22 City Council Meeting Regular Agenda July 25, 2023 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 September 12, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 22 of 22