City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1954 Reso. No. 2024-031 Tuesday, May 28, 2024 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 May 28, 2024 Welcome to a meeting of the Fontana City Council. Welcome to a meeting of the Fontana City Council. Meetings are held at 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 Council Chambers 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 accommodation 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 at the City Clerk’s Office. Para traducción en Español, comuniquese con la oficina,“City Clerk” al (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 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. 1:00 P.M. CLOSED SESSION A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING 21-3040 LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Case: Daniel Delgado- Oramas vs. City of Fontana Workers’ Compensation (Compromise and Release) Claim Number: 180800090 & 0080000 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE Page 1 of 8 City Council Meeting Regular Agenda May 28, 2024 SECTION 54956.9 (a) Case: Thomas Borden vs. City of Fontana Workers’ Compensation (Compromise and Release) Claim Number: 220800135 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Case: Angela Frydendall vs. City of Fontana Workers’ Compensation (Compromise and Release) Claim Number: 0909002165 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401 CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor Warren and City Council to recognize Corporal 21-3021 Sam Ferguson and Officers David Goodland, Taylor Hymas and Danny Millan, as March 2024 Employees of the Month (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 CONSENT CALENDAR: Page 2 of 8 City Council Meeting Regular Agenda May 28, 2024 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 21-3034 Approve the minutes of the May 14, 2024, Regular City Council Meeting. Attachments: City Council Meeting Minutes 05-14-2024.pdf B. Adoption of Ordinance No.1950 (Second Reading), a 21-3035 Development Agreement with Prologis Exchange 11115 Hemlock Avenue LLC Adoption of Ordinance No. 1950 on Second Reading, An Ordinance of the City Council of the City of Fontana, California, approving, pursuant to the certified Final Subsequent Environmental Impact Report, a Development Agreement with Prologis Exchange 11115 Hemlock Avenue LLC, providing for an extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres, and directing staff to File a Notice of Determination. Attachments: Ord. 1950.docx C. Adoption of Ordinance No. 1951 (Second Reading), an 21-3037 update to the Fontana Zoning and Development Code Adoption of Ordinance No. 1951 on Second Reading, approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30-285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30-362 through 30-370 and 30-378 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30-467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; and the reading of the title constitutes the first thereof. Attachments: Ord 1951.docx D. Adoption of Ordinance No. 1952 (Second Reading), levying 21-3038 special taxes within the City of Fontana Community Page 3 of 8 City Council Meeting Regular Agenda May 28, 2024 Facilities District No. 113 (The Gardens Phase Two). Adopt Ordinance No. 1952 on second readying, levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two). Attachments: Ord 1952.docx E. Adoption of Ordinance No. 1953 (Second Reading), 21-3039 authorizing the Levy of a Special Tax within Community Facilities District No. 114M (DR Horton Los Angeles Holding Company, Inc) Second Reading/Adopt Ordinance No. 1953 Authorizing the Levy of a Special Tax within Community Facilities District No. 114M. Attachments: Ord 1953.docx F. Award Bid for the Cypress Avenue Storm Drain (Phase I) 21-3005 Project (Bid No. DE-24-71-SB) 1. Award bid and authorize the City Manager to execute a construction contract with Downing Construction, Inc. for the construction of the Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB), in the amount of $15,288,124.00 and authorize a 10% contingency in the amount of $1,528,812.40 (Bid No. DE-24-71-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 Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB). 3. Appropriate $3,620,000.00 from Storm Drain Fund 622 to Project 37603361, Cypress Avenue Storm Drain Project. 4. Transfer $1,500,000.00 from Project 37600036, Septic to Sewer Conversion, to Project 37603361, Cypress Avenue Storm Drain Project. Attachments: Vicinity Map Bid Results Bid Detail G. Approve a Bond Reduction for Tract No. 20010 (Offsite and 21-3012 In-tract Improvements), Tract No. 20069 (In-tract Improvements), and Tract No. 20070 (In-tract Improvements) for the Narra Hills Project Approve a bond reduction of the Faithful Performance and Labor and Materials Bonds posted by LS Fontana, LLC for Tract No. 20010, Tract No. 20069, and Tract No. 20070 located along Coyote Canyon Road (formerly Page 4 of 8 City Council Meeting Regular Agenda May 28, 2024 Lytle Creek Road) and north of Duncan Canyon Road. Attachments: Vicinity Map.pdf TM 20010.pdf TM 20069.pdf TM 20070.pdf Subdivision Improvement Agreement - TM 20010.pdf Subdivision Improvement Agreement - SWR - Hawker Crawford Channel.pdf Subdivision Improvement Agreement - SWR - Lots 155-233.pdf Subdivision Improvement Agreement - SWR - Lots 234-236.pdf H. 2023 Permanent Local Housing Allocation (PLHA) Award 21-3013 and Plan 1. Accept the State of California 2023 Permanent Local Housing Allocation (PLHA) Funds in the amount of $841,109; 2. Adopt Resolution No. 2024-031, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD). 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 ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs; 4. 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 Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements; 5. Authorize the City Manager, or City Manager’s designee, to award and execute any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program. Attachments: PLHA Year 4 Resolution.docx I. Acceptance of Final Map for Tract No. 20521 21-3014 Page 5 of 8 City Council Meeting Regular Agenda May 28, 2024 Approve the Final Map for Tract No. 20521 located along Citrus Avenue between South Highland Avenue and Los Cedros Avenue; authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Farwell Street; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider. Attachments: TM 20521.pdf Subdivision_Improvement_Agreement_20521.pdf vicinity_map_20521.pdf vicinity_map_abandonment_20521.pdf J. Award Bid of CCTV Cameras for Jack Bulik and Veteran’s 21-3018 Parks Award bid (DE-24-131-SB) for the purchase and installation of CCTV cameras at Jack Bulik and Veteran’s Park per bid in the amount of $134,540.74. Attachments: Summary Bid Results.pdf K. Hotel Management Agreement for Homelessness 21-3023 Prevention Resource and Care Center (HPRCC) 1. Approve the proposal and authorize the City Manager to enter into an agreement with KC Management, LLC in the amount of $120,000 for four months plus optional, additional 60-day extensions of $60,000 each for professional property management of the Homelessness Prevention Resource and Care Center (HPRCC) located at 17133 Valley Boulevard, Fontana CA 92335. 2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5. Attachments: KC Hotel Mgmt 30k mo.pdf Single or Sole Source Justification Form KC Management.doc 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 12:00 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: Page 6 of 8 City Council Meeting Regular Agenda May 28, 2024 (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. 24-007: Request to overturn the Planning 21-3015 Commission’s April 2, 2024 decision adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program and approving Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 , for a proposed mixed-use development comprised of 437 residential units with 4,000 square feet of commercial retail area on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35). Deny Appeal No. 24-007, thereby upholding the Planning Commission’s decision on April 2, 2024, approving, pursuant to the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), a Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 to consolidate thirteen (13) parcels (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35) totaling approximately 11.6 gross acres into two (2) parcels (Parcel No. 1 is approximately 5.55 acres and Parcel No. 2 approximately 5.66 acres) for the construction of a mixed-use development consisting of 437 residential units and 4,000 square feet of retail space on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue. Attachments: Attachment No. 1 - Vicinity Map.docx Attachment No. 2 - Appeal Letter with Responses.pdf Attachment No. 3 - Planning Commission Comments and Responses (11-20-23).pdf Attachment No. 4 - Planning Commission Comments and Responses (4-2-24).pdf Attachment No. 5 - Planning Commission Public Hearing Packet .pdf Attachment No. 6 - Planning Commission Minutes.pdf Attachment No. 7 - Clerk of the Board Fee Receipt and NOD.pdf Attachment No. 8 - Public Hearing Notice.pdf Page 7 of 8 City Council Meeting Regular Agenda May 28, 2024 B. California Enterprise Development Authority / REAL 21-3043 Journey Academies, Inc. 1. Conduct the public hearing with respect to the approval of the issuance of the Obligations by the California Enterprise Development Authority; 2. Adopt Resolution No. 2024-032, in accordance with Internal Revenue Code Section 147(f) authorizing the issuance of a tax-exempt obligation by the California Enterprise Development Authority in an amount not to exceed $55,500,000 for the benefit of REAL Journey Academies Foundation, Inc., a California nonprofit public benefit corporation and an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, or a related or successor entity. Attachments: Resolution 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 June 11, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 8 of 8