Tuesday, February 8, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1885 Reso. No 2022-007
WORKSHOP 4:30 P.M.
CLOSED SESSION 6:00 P.M.
REGULAR MEETING 7:00 P.M.
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Tonia Lewis - City Clerk
Janet Koehler-Brooks - City Treasurer
City Council Meeting Regular Agenda February 8, 2022
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 Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".
Para mayor informacion, favor de marcar el numero (909) 350-7602.
WORKSHOP:
A. 4:30 P.M. City Council Workshop
(A) American Rescue Plan Act (Chief Financial Officer,
Jessica Brown to present);
(B) Public Communications;
(C) Agenda Review; and
(D) City Manager Comments
21-1173
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
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)
(1)
Case: Robert King v. City of Fontana, et al. Superior Court 21-1170
City Council Meeting Regular Agenda February 8, 2022
of the State of California- for the County of Sam Bernardino Case No. CIVDS2016703
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas,
Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining
Unit; and Police Officers Association
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 0237-411-13
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Newbridge Homes
Under Negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 019116305, APN 019116324, APN 019116316,
APN 019116317 & APN 019116326
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Bank of America
Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION (Paragraph ( 1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al .
San Bernardino Superior Court Case No. CIVSB 2121605;
and People of the State of California v. City of Fontana, et al.
San Bernardino Superior Court Case No. CIVSB2121829
PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b)(1))
Title: City Manager
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
City Council Meeting Regular Agenda February 8, 2022
A. Fontana Police Department Chaplain Deylyne McCampbell /Pledge of Allegiance:
SPECIAL PRESENTATIONS:
A. Mayor Warren and City Council to recognize the POST 531 Fontana Explorers on their achievements at the 2022 Tactical Competition (Lieutenant Zagorin to present).
21-1171
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 21-1160
Approve the minutes of the January 25, 2022, Regular and Special City Council meetings; and the January 26, 2022, Special City Council meeting.
Minutes - January 25, 2022
Minutes - January 25, 2022 (Special Meeting)
Minutes - January 26, 2022
Attachments:
B. Adoption of Ordinance No. 1878 21-1162
Second Reading/Adopt Ordinance No. 1878, an Ordinance of the City Council of the City of Fontana, adding Article III to Chapter 7 of Fontana Municipal Code Regarding Electronic and Paper Methods of Filing Fair Political Practices Commission Campaign Disclosure Statements
Ordinance No. 1878Attachments:
C. Adoption of Ordinance No.1879 21-1158
Second Reading/Adopt Ordinance No. 1879, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to
City Council Meeting Regular Agenda February 8, 2022
establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city, Ordinance No. 1879Attachments:
D. Adoption of Ordinances No.1880 and 1881 21-1159
1. Second Reading /Adopt Ordinance No. 1880, an Ordinance of the City Council of the City of Fontana, approving Zone Change No. 21-001 for text and figure changes that include changing Planning Area 1 to Planning Area 3 within the Auto Overlay of the Zoning and Development Code on approximately 6.20 adjusted gross acres (APN: 0240-011-03, -05, -06, -35, -38, -41, -42, and - 44), and amending Section 6403(a) to allow for a grocery store use.
2. Second Reading /Adopt Ordinance No. 1881, an Ordinance of the City Council of the City of Fontana approving Development Agreement No. 21-003, between the City of Fontana and Sage Citrus Fontana, LLC which provides a public benefit fee in the amount of $376,180.00 dollars.
Ordinance No. 1880
Ordinance No. 1881
Attachments:
E. Adoption of Ordinance No.1883 21-1166
Second Reading/Adopt Ordinance No. 1883, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-01 amending sections 13-27 and 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’s environmental health code.
Ordinance No. 1883Attachments:
F. Adoption of Ordinance No.1884 21-1161
Second Reading/Adopt Ordinance No. 1884, amending Section 2-39 of the Fontana Municipal Code, regarding the salary for Members of the City Council and Mayor.
Ordinance No. 1884Attachments:
G. Adopt a Resolution Approving a Notification of Intent to Comply with the SB 1383 Regulations, Pursuant to SB 619 21-1133
Adopt Resolution No. 2022- ___ of the City Council of the City of Fontana, adopting a Notification of Intent to Comply with the SB 1383 Regulations.
Resolution -Notification of Intent to Comply with SB 1383 Regulations
Notification of Intenet to Comply signed.1.31.22
Attachments:
H. Approve the Purchase and Installation of Software and Hardware for the Sanitary Sewer SCADA System
21-1136
City Council Meeting Regular Agenda February 8, 2022
1. Authorize the Public Works Department to standardize the Sanitary Sewer SCADA System components within the sanitary sewer sump stations.
2. Authorize the Purchasing Office to procure from Xylem the components, software, hardware, cloud-base subscriptions, renewals, upgrades, and any additional parts necessary to maintain the sewer pump stations as required to meet the demands of the community.
Xylem Sole Source SCADA2Attachments:
I. Approve an Agreement for the Acquisition of Real Property for the Sierra Avenue Widening Project
21-1145
1. Approve and authorize the City Manager to execute an Agreement for Real Property Acquisition between the City of Fontana and Javier Negrete Hernandez for Assessor Parcel Number 0190-154-17, located on the west side of Sierra Avenue south of Reed Street related to the Sierra Avenue Widening Project.
2. Approve and authorize the City Manager to execute any other documents necessary or appropriate to complete the proposed transaction.
Vicinity Map
Agreement for Acquisition of Property and Joint Escrow
Instructions
Attachments:
J. Approval of a Contract Agreement with the County of San Bernardino to Accept Funds in the Amount of $ 645,000 for Improvements to Southridge Park and the Village of Heritage Pool Facility
21-1178
1. It is recommended that the Mayor and City Council ratify and approve the agreements and accept funding from the County of San Bernardino in the amount of $645,000 for Southridge Park and the Heritage Village Pool facility.
2. Authorize the City Manager to execute the agreements on behalf of the city.
CON-CAO-020822-City of Fontana Heritage Park Pool and
Fencing
CON-CAO-020822-City of Fontana Southridge Park
Improvements
Attachments:
K. Authorization to Engage Employee Groups Regarding Vaccine Incentive
21-1168
Authorize City staff to engage with the various employee groups to create and implement a Vaccine Incentive Program.
L. Resolution of the Governing Body of the City of Fontana 21-1157
City Council Meeting Regular Agenda February 8, 2022
Authorizing Participation in the State Rental Assistance Program-2
Adopt Resolution No. 2022-____ a Resolution of the City Council of the City of Fontana authorizing participation in the State Rental Assistance Program-2. 2021-102 ERA2 Resolution 10.12.21
City Council Agenda Legislation 10.12.21
ERA2 - Resolution Option A 1.26.22.
Attachments:
Approve Consent Calendar Item as recommended by staff.
PUBLIC HEARINGS:
To speak on Public Hearing Items, submit comments via e-mail at [email protected]. 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. Adoption of an Ordinance Amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and Amending Chapter 30, Article V, Division 4 to add Section 30-434.1 to Regulate Urban Lot Splits and Two-Unit Projects Under SB 9; and Finding the Action to Be Exempt Under CEQA
21-1127
1. Determine that the project is exempt pursuant to Section 15061 (b) ( 3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and,
2. Read by title only and waive further reading of and introduce Ordinance No. ______, an Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code, and that the reading of the title constitutes the
City Council Meeting Regular Agenda February 8, 2022
first reading thereof.
Attachment No. 1 - City Council Ordinance
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
Attachment No. 4 - Planning Commission Action and Staff Report
Attachment No. 5 - Planning Commission Minutes of
01-18-2022
Attachments:
B. Certificate of Appropriateness (MIS No. 21-020) to
Construct a New Attached 488 Square Foot Residential
Junior Accessory Dwelling Unit on a Site that has been
Locally Designated as a Historical Resource as Listed in Chapter 5, Article XIII, Section 5-365 of the Fontana
Municipal Code Located at 8350 Mango Avenue
21-1137
Adopt Resolution No. 2022-_____, a Resolution of the City Council of the City of Fontana, California, approving Certificate of Appropriateness (MIS No. 21-020) and determine that the project is Categorically Exempt pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill Development Project) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for implementing CEQA.
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Site Plan
Attachment No. 3 - Floor Plan
Attachment No. 4 - Elevations
Attachment No. 5 - Ordinance 1146
Attachment No. 6 - City Council Resolution
Attachment No. 7 - Notice Of Exemption
Attachment No. 8 - Public Hearing Notice
Attachments:
C. First Combined General Plan Amendments and Projects for the 1st Cycle of 2022; Part No. 1 - MCN21-063, Develop 100 Attached Condominium Units (Aragon West); and Part No . 2 - MCN21-050, 6th Cycle Housing Element Update
21-1150
1.a Adopt Resolution No. 2022-____ (Part No. 1 of General Plan Amendment cycle No. 1 of 2022,) a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-003 (Part No. 1 of General Plan Amendment cycle No. 1 of 2022) amending the General Plan Land Use designation on approximately 6.5 adjusted gross acres (APN: 0240-121-22) from
City Council Meeting Regular Agenda February 8, 2022
Community-Commercial ( C-C) to Residential Planned Community ( R-PC) and remove the parcel from the Auto Center Overlay District, approving Tentative Tract Map No. 20441 (TTM NO. 21-002) to establish 100 condominium units and approving Design Review No. 21-024 for the development of 100 condominium homes with amenities, landscaping and parking; and
1.b Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Walnut Village Specific Plan to establish the Aragon West District within the Walnut Village Specific Plan, and that the reading of the title constitutes the first reading thereof; and
1.c Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Zoning Map removing the parcel at APN :
0240-121-22 from the Auto Center Overlay District, and that the reading of the title constitutes the first reading thereof.
2.a Adopt Resolution 2022-___, (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) a Resolution of the City Council of the City of Fontana adopting the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016021099), pursuant to Section No. 15162 and 15164 of the California Environmental Quality Act (CEQA) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, and approving General Plan Amendment No. 21-002 (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021-2029 6th cycle Housing Element; and,
2.b Adopt Resolution 2022-___, (Part No. 2 of General Plan Amendment cycle No. 1 of 2022,) a Resolution of the City Council of the City of Fontana adopting the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016021099), pursuant to Section No. 15162 and 15164 of the California Environmental Quality Act (CEQA) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-007 (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) amending the General Plan land use map to change the general plan land use designation on multiple properties through the City to Multi-Family Medium /High Residential ( R-MFMH), Multi-Family High Residential ( R-MFH), and designate the boundary for the “ R-4 Overlay” to accommodate the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development ( HCD) and the Southern California Association of Governments (SCAG); and,
City Council Meeting Regular Agenda February 8, 2022
2.c Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving changes to the Zoning District Map to change the zoning on multiple properties through the City to Multi-Family Medium /High Residential (R-4), Multi-Family High Residential (R-5) and designate the boundary for the “R-4 Overlay” to accommodate the 2021-2029 RHNA allocation and that the reading of the title constitutes the first reading thereof; and
2.d Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving Zone Code Amendment No. 21-004 to amend Chapter 30 (Development Code) of the Municipal Code to establish an “ R-4 Overlay” to allow for additional housing at the R- 4 densities, and that the reading of the title constitutes the first reading thereof.
Attachment No. 1 (Part 1) CC Resolution
Attachment No. 2 (Part 1) - SPA Ordinance
Attachment No. 3 (Part 1) CC Ordinance
Attachment No. 4 (Part 1) PC Staff Report of 12-7-2021
Attachment No. 5 (Part 1) PC Minutes from December 7
2021
Attachment No. 6 (Part 1) CC Public Notice
Attachment No. 7 (Part 2) GPA Project Resolution HE
Attachment No. 8 (Part 2) GPA Resolution Land Use
Change
Attachment No. 9 (Part 2) CC Upzoning Ordinance
Attachment No. 10 (Part 2) CC Dev Code Change
Ordinance
Attachment No. 11 (Part 2) Housing Element_PC Agenda
Report and Minutes
Attachment No. 12 (Part 2) PC Minutes of 01-18-2022
Attachment No. 13 (Part 2) CC Public Hearing Notice
Attachments:
NEW BUSINESS:
A. Approve an Ordinance Amending Chapter 24 of the Fontana Municipal Code - Solid Waste
21-996
Read by title only and waive further reading of and introduce Ordinance No. ___ , an Ordinance of the City Council of the City of Fontana, California approving an Amendment to Chapter 24 of the Fontana Municipal Code Regarding Solid Waste Regulation.
SB 1383 OrdinanceAttachments:
CITY MANAGER COMMUNICATIONS:
City Council Meeting Regular Agenda February 8, 2022
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Discussion and Possible Action Regarding Appointing
Regular and Alternate Members to the Following Local
Agencies/ Regional Boards:
1. Inland Empire Utility Agency(IEUA);
2. San Bernardino County Transportation Authority (SBCTA) and San BernardinoCouncil of Governments (SBCOG);
3. Omnitrans;
4. San Bernardino County Solid Waste Advisory Task (SWAT); and
5. Southern California Association of Governments (SCAG) 21-1164
B. Elected Officials Communications/Reports
ADJOURNMENT:
A. Adjournment
To the next Regular City Council Meeting on Tuesday, February 22, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.