City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda REGULAR MEETING - 2:00 P.M. Ord. No. 1938 Reso. No. 2023-115 Tuesday, December 12, 2023 2:00 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 December 12, 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. The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors. PUBLIC COMMUNICATIONS - CLOSED SESSION: This is an opportunity for citizens to speak to the City Council for up to three (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. 1:00 P.M. CLOSED SESSION A. 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING 21-2635 LITIGATION (Gov. Code, § 54956.9(d)(1).) Name of Case: Anderson, Moore v. City of Fontana 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE Page 1 of 10 City Council Meeting Regular Agenda December 12, 2023 SECTION 54956.9 (a) Case: Ronald Brunn vs. City of Fontana Workers’ Compensation (Compromise and Release) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN # 0191-274-33 and 0191-284-13 City Negotiator: Phillip Burum, Deputy City Manager Negotiating Party: Randall Swedlove Under Negotiating: Price and Terms of payment CALL TO ORDER/ROLL CALL: A. 2:00 P.M. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: CLOSED SESSION ANNOUNCEMENT: PRESENTATIONS: A. Presentations: A. City Link Presentation, Cecily Session-Goins, Associate 21-2684 Planner. 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. Page 2 of 10 City Council Meeting Regular Agenda December 12, 2023 A. Approval of Minutes 21-2634 A pprove the minutes of the November 14, 2023, Regular City Council A Meeting, and the November 15, 2023, Adjourned City Council Meeting. Attachments: City Council Meeting Minutes 11-14-2023.docx City Council Meeting Minutes 11-15-2023.docx B. Adoption of Ordinance No. 1926 (Second Reading) 21-2651 Second Reading / Adoption of Ordinance No. 1926, approving a Zoning District Map Amendment (ZCA No. 22-001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue. Attachments: Ord. 1926.docx C. Adoption of Ordinance No. 1927 (Second Reading) 21-2652 Second Reading / Adoption of Ordinance No. 1927, Approving a Zoning District Map Amendment (ZCA) No. 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue. Attachments: Ord. 1927.docx D. Adoption of Ordinance No. 1928 (Second Reading) 21-2653 Second Reading / Adoption of Ordinance No. 1928, Approving a Development Code Amendment (ZCA) No. 22-007 to change the Form-Based Code Map, Section No. 30- 406, to identify the subject properties as Route 66 Gateway sub-district for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue. Attachments: Ord. 1928.docx E. Adoption of Ordinance No. 1929 (Second Reading) 21-2654 Second Reading / Adoption of Ordinance No. 1929, Approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Page 3 of 10 City Council Meeting Regular Agenda December 12, 2023 Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED. Attachments: Ord. 1929.docx F. Adoption of Ordinance No. 1930 (Second Reading) 21-2655 Second Reading / Adoption of Ordinance No. 1930, Approving Development Agreement No. 23-003 to include payment of a public benefit fee. Attachments: Ord. 1930.docx Signed Development Agreement.docx G. Adoption of Ordinance No. 1931 (Second Reading) 21-2656 Second Reading / Adoption of Ordinance No. 1931, approving a Zoning District Map Amendment (ZCA) No. 23-004 to change the zoning designation of the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres. Attachments: Ord. 1931.docx H. Adoption of Ordinance No. 1932 (Second Reading) 21-2657 Second Reading / Adoption of Ordinance No. 1932, approving a Development Code Amendment (ZCA) No. 23-005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) that includes approximately 7 acres. Attachments: Ord. 1932.docx I. Adoption of Ordinance No. 1933 (Second Reading) 21-2658 Second Reading / Adoption of Ordinance No. 1933, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for 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, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-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. Attachments: Ord. 1933.docx Page 4 of 10 City Council Meeting Regular Agenda December 12, 2023 J. Adoption of Ordinance No. 1934 (Second Reading) 21-2659 Second Reading / Adoption of Ordinance No. 1934, Approving a Specific Plan Amendment No. 23-004, 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 Aven. Attachments: Ord 1934 docx.docx K. Adoption of Ordinance No. 1935 (Second Reading) 21-2660 Second Reading / Adoption of Ordinance No. 1935, Approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park. Attachments: Ordinance No. 1935 L. Adoption of Ordinance No. 1936 (Second Reading) 21-2661 Second Reading / Adoption of Ordinance No. 1936, Approving Master Case No. 23-090 and Municipal Code Amendment No. 23-003 amending Chapter 30 that will modify multiple sections, including modification of appeal hearing timeframes, addition of language to provide for minor and major planned unit developments (PUDs), modification of language related to open space requirements, modification of garage door design requirements; inclusion of language to reduce landscape setback requirements to accommodate bus turn outs and deceleration lanes, addition of language to streamline development standards within Medium Density Residential (R-2) and Multiple Family (R-3) zoning districts, and additional recreational facilities options within the Multi-Family Medium/High Density (R-4) and Multi-Family High Density Residential (R-5) zoning districts. Attachments: Final Ordinance No. 1936.docx M. Adoption of Ordinance No. 1937 (Second Reading) 21-2662 Second Reading / Adoption of Ordinance No. 1937, approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to. Attachments: Ord. 1937.docx N. 2024 City Hall Holiday and City Council Meeting Calendar 21-2553 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2024. Page 5 of 10 City Council Meeting Regular Agenda December 12, 2023 Attachments: 2024 Annual Calendar O. Accept the 2023 TDA Article 3 Grant Award for the Catawba 21-2626 Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project 1. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Catawba Avenue Safe Routes to School Project in the amount of $396,348.00. 2. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Rectangular Rapid Flashing Beacons Project in the amount of $52,500.00. 3. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Transit Stop Improvements Project in the amount of $59,023.00. . End 4. Adopt Resolution No. 2023-115, a Resolution of the City Council of the City of Fontana authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completions for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project related to TDA Article 3 Grant Awards. Attachments: Catawba Ave SRTS Project - Vicinity Map Catawba Avenue SRTS Project Award Letter Rectangular Rapid Flashing Beacons Project - Vicinity Map Rectangular Rapid Flashing Beacons Project Award Letter Transit Stop Improvements Project - Vicinity Map Transit Stop Improvements Project Award Letter TDA Cycle 3 Resolution P. Approve Task Orders for Engineering Design Services for 21-2627 the South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project 1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $136,394.00 with STC Traffic, Inc. for Engineering Design Services for the South Highland Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66 Page 6 of 10 City Council Meeting Regular Agenda December 12, 2023 2. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $128,914.00 with STC Traffic, Inc. for Engineering Design Services for the Santa Ana Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66 3. Approve and authorize the City Manager to execute any future amendments to both Task Orders. 4. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project. Attachments: South Highland at Juniper TS - Vicinity Map Santa Ana at Juniper TS - Vicinity Map Ranking Matrix STC Traffic - Technical Proposal Q. Annual Report on Development Impact Fees 21-2629 Adopt Resolution No. 2023-116, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds Attachments: Development Impact Fees 2023 Resolution.pdf 2023 Annual Report on Development Impact Fees.pdf R. Award a Construction Contract for the San Sevaine Trail 21-2647 Phase I Segment 2 Project 1. Award bid and authorize the City Manager to execute a Construction Contract with H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase I Segment 2 Project in the amount of $13,314,324, authorize a 10% contingency in the amount of $1,331,432 (Bid No. SB-109-DE-23) contingent upon San Bernardino County Transportation Authority (SBCTA) Board Approval of Project Funding Plan, and ratify determination that the protest filed in connection therewith is without merit and any deficiencies asserted in connection with the protest are insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage. 2. Appropriate $2,500,000 from Park Development Impact Fees (DIF) to the San Sevaine Trail Phase 1 Segment 2 Project No. 3345. 3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the San Sevaine Trail Phase 1, Segment 2 Project (SB-109-DE-23). Page 7 of 10 City Council Meeting Regular Agenda December 12, 2023 Attachments: Vicinity Map Bid Results Bid Detail S. Award a Construction Contract for the Sierra Avenue 21-2633 Landscape Median Project (Bid No. DE-24-28-SB) 1. Award Bid and authorize the City Manager to execute a construction contract with IMR Landscape, Inc. for the construction of the Sierra Avenue Landscape Median Project in the amount of $745,690.00 and authorize a 10% contingency in the amount of $74,569.00 (Bid No. DE-24 -28-SB). 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 Sierra Avenue Landscape Median Project. Attachments: Vicinity Map Bid Results Bid Detail T. Adopt the Updated Salary Table for the Non-Classified, 21-2650 Part-time Classifications Due to Minimum Wage Increases Adopt Resolution No. 2023-117, a resolution of the City Council of the City of Fontana adopting the non-classified, part-time salary table to comply with minimum wage increases, effective January 1, 2024. Attachments: PT Salary Table Update 12/30/2023 U. Approve Amendment No. 8 to Professional Services 21-2663 Agreement with David Evans and Associates Inc. and Amendment No. 1.6.1 to Task Order with Interwest Consulting Group for the San Sevaine Trail Phase 1, Segment 2 Project 1. Approve and authorize the City Manager to execute Amendment No. 8 to a Professional Services Agreement with David Evans and Associates Inc. for Engineering Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-12-DE-87-17) in the amount of $670,119.00 for a total contract amount of $1,591,941.32. 2. Approve and authorize City Manager to execute any future amendments to the Professional Services Agreement. 3. Approve and authorize the City Manager to execute Task Order 1.6.1 to Interwest Consulting Group, Inc. for Project Management Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-87-DE-19-04) in the Page 8 of 10 City Council Meeting Regular Agenda December 12, 2023 amount of $174,000.00 for a total task order amount of $305,200.00. 4. Approve and authorize the City Manager to execute any future amendments to the Task Order. Attachments: Vicinity map DEA PSA Amendment No. 8 Interwest TO Amendment Scope V. Police Department Monthly Information Update 21-2664 Accept the Police Department monthly information update for October 2023. Attachments: October 2023 Report for City Council Rev.pptx W. Approve Amendment No. 1 to Task Order No. 5 with NV5, 21-2678 Inc. for Plan Check, Map Check, and WQMP Review Services 1. Approve and authorize the City Manager to execute an Amendment No. 1 to Task Order No. 5 with NV5, Inc. in the amount of $83,000 and an amended task order total of $158,000 for additional plan check, map check, and WQMP review services. 2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 5 with NV5, Inc X. Termination of solar power purchase agreement with 21-2680 General Electric International Inc., for Assessor Parcel Number 0192-031-026-0000. 1. Terminate the solar power purchase agreement with General Electric International Inc., for Assessor Parcel Number 0192-031-26 2. Authorize the City Manager to execute any and all documents to satisfy the termination on behalf of the City of Fontana 3. Remit a termination payment in the amount of $129,512.00 to General Electric 4. Appropriate $129,512.00 from Fire District Fund 210 to Fund 103 Attachments: Solar Panel Termination Letter.docx GE Power Purchase Agreement Form - City of Fontana - East Annex.pdf Y. Award a Contract for the Interior Renovation for Stage RED 21-2687 1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the renovation of Stage RED (Bid No. DE-24-25-SB) in an amount not to exceed $1,400,000. 2. Authorize the City Manager to execute any and all contract amendments Page 9 of 10 City Council Meeting Regular Agenda December 12, 2023 on behalf of the City of Fontana for the renovation of Stage RED. Attachments: STAGE RED Interior Remodel Specs Pkg (DE-24-25-SB).pdf NEW BUSINESS: A. New Business A. An Urgency Ordinance of the City Council of the City of 21-2685 Fontana in accordance with government code sections 36934 and 36937 (B) enacting a prohibition on targeted residential picketing. Waive reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1938, An urgency ordinance of the City Council of the City of Fontana in accordance with Government Code Sections 36934 and 36937(B) enacting a prohibition on targeted residential picketing . Attachments: Picketing Urgency Ordinance-c1.docx B. An Ordinance of the City Council of the City of Fontana 21-2688 enacting a prohibition on targeted residential picketing. Waive reading of the text in its entirety, read by title only, and introduce Ordinance No. 1939, and ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing . Attachments: Picketing Ordinance-c1.docx CITY MANAGER COMMUNICATIONS: 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 January 23, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 10 of 10