8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including reasonable attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall 1099 160
Exhibit A
promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding. Notwithstanding anything to the contrary, City acknowledges that OWNER shall have no obligation under this provision if it intends to abandon the Project.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions.
CITY may in its discretion participate in the defense of any such legal action.
8.4 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including reasonable attorneys’ fees, upon billing and accounting therefor.
8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security 1100 161
Exhibit A
device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of 1101 162
Exhibit A
this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
10.4 Governing Law; Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its 1102 163
Exhibit A
rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, epidemics, pandemics, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect 1103 164
Exhibit A
hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate their powers and duties under this Agreement to an Assistant City Manager or other management level employee of the CITY.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification 1104 165
Exhibit A
except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 10.20 prior to CITY’s issuance of such certificates.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.
OWNER
ACACIA REAL ESTATE GROUP, INC.,
a California corporation
By:
David Pittman
Its: President
Dated:
1105 166
Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
1106 167
Exhibit A
CITY:
CITY OF FONTANA, a California
municipal corporation
By:_____________________________
Acquanetta Warren, Mayor
Dated: __________________
By: ____________________________
Matthew C. Ballantyne, City Manager
ATTEST:
By:_____________________________
Germaine McClellan Key, City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
________________________________
City Attorney
1107 168
Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
5703203.2
27967-940
1108 169
NOTICE OF DETERMINATION
TO:_X_ County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
___ Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.
Project Title: Master Case (MCN) No. 20-099: General Plan Amendment No. 21-005, Zone Change No. 21- 007, Development Agreement No. 22-007, Tentative Parcel Map (TPM) No. 20608 (TPM No. 21-022), Design Review No. 21-039, and Development Agreement No. 22-007.
State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Doug Hinrichs, HPA Inc., 18831 Bardeen Ave., Suite No. 100, Irvine, CA 92612.
Project Location: The project site is located on the east side of Sierra Avenue and south of Duncan Canyon Road (APNs: 0239-151-19, -25, -26, and -36).
Project Description: Master Case No. 21-099, General Plan Amendment No. 21-005, Zone Change No. 21- 007, Tentative Parcel Map No. 20608 (TPM No. 21-022), Design Review No. 21-039 and Development Agreement No. 22-007 - for a land use designation change from General Commercial and Multi Family High Residential to Light Industrial as well as the construction of two (2) commerce center buildings totaling approximately 385,043 square feet on a site of approximately 19.0 gross acres and associated on-site and offsite improvements.
This is to certify that the City of Fontana approved the above described project on April 4, 2023 and made the following determinations:
1. The project __X__ will ___ will not have a significant effect on the environment.
2. An Environmental Impact Report (EIR) was prepared and fully analyzed the effects of the project. The EIR thoroughly analyzed and discussed all potential environmental impacts.
3. Mitigation measures X were ____ were not made a condition of the approval of the project.
4. A Statement of Overriding Considerations X_ was __ was not adopted for this project.
5. Findings X were ___ were not made pursuant to the provisions of CEQA.
6. The location and custodian of the documents which comprise the record of proceedings for the Addenda are specified as follows:
Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
DiTanyon Johnson
Principal Planner
Date Received for Filing
ATTACHMENT NO. 9 1109 170
NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
Acacia Project: Master Case (MCN) No. 21-099, Design Review Project (DRP) No. 21-039, Tentative Parcel Map (TPM) No. 21-022, General Plan Amendment (GPA) No. 21-005, Zone Change Application (ZCA) No. 21-007 and Development Agreement No. 22-007: Request for development of an approximately 19.0‐acre property (APNs 0239‐151‐19, ‐25, ‐26, and ‐36) with two industrial commerce center buildings having maximum sizes of 296,297 square feet (s.f) and 88,746 s.f. (total of 385,043 s.f.), consolidation of 4 parcels into 2 parcels, proposed amendment of the General Plan designation from Multi‐Family High Density Residential (R‐MFH) and General Commercial (C‐G) to Light Industrial (I‐L), and proposed amendment of the zoning designation from Multi‐Family High Density Residential (R‐5) and General Commercial (C‐2) to Light Industrial (M‐1). The industrial commerce center project also includes a proposed truck loading area that will be screened by a 14-foot-high wall along the south side of Building No. 1 and on the west side of Building No. 2, vehicular parking areas, drive aisles, and landscaping. The applicant has also prepared a development agreement.
Environmental
Determination:
This project has been
determined to have a significant
effect on the environment and a
Draft Environmental Impact
Report (EIR) (SCH No.
2022030544) has been
prepared pursuant to Sections
15080 and 15097 of the
California Environmental
Quality Act (CEQA).
Location of
Property:
The Project Site is located
east of Sierra Avenue and
south of Duncan Canyon
Road (APNs: 0239‐151‐19, ‐
25, ‐26, and ‐36)
Date of
Hearing:
April 18, 2023
Place of
Hearing:
City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
ATTACHMENT NO. 10
1110 171
Time of
Hearing: 6:00 P.M.
The City of Fontana (City) has prepared an Environmental Impact Report (EIR) for the proposed project. The Draft and Final EIR is available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontana.org/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner at (909) 350-6656 or [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.
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 TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish: April 7, 2023
1111 172
City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Idilio Sanchez, Vice Chair
Ralph Thrasher, Secretary
Raj Sangha, Commissioner
Ricardo Quintana, Commissioner
Tuesday April 18, 2023 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________ CALL TO ORDER/ROLL CALL:
A. Call to Order/Roll Call:
A regular meeting of the City of Fontana Planning Commission was held on Tuesday, April 18th, 2023. Chair Fort called the meeting to order at 6:02 p.m.
Present: Chair Fort, Vice Chair Sanchez, Secretary Thrasher, Commissioners Sangha and Quintana
Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
Following the Invocation by Chair Fort, the Pledge of Allegiance was led by Commissioner Sangha.
PUBLIC COMMUNICATIONS:
A. Public Communications:
None.
1112
Planning Commission Minutes April 18, 2023
CONSENT CALENDAR:
A. Approval of Minutes:
Approve the Regular Planning Commission Meeting Minutes of April 4 th
, 2023.
B. Master Case Nos. 23-022, -023, -024, -025, -026 and Appeal (APL) Nos. 22-003, -005, -007, -009 and -011 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-013, for the request to modify an existing Southern California Edison (SCE) transmission tower with new wireless telecommunications equipment consisting of twelve (12) panel antennas, fifteen (15) radio remote units (RRUs) and ground mounted within a new lease area of approximately 200 square feet.
Adopt a Resolution PC No. 2023-015 denying Appeal Nos. 22-003, -005, -007,- 009 and -011, thereby upholding the decision of the Director of Planning approving Administrative Site Plan No. 22-013, a request to modify an existing Southern California Edison transmission tower with wireless telecommunications equipment consisting of twelve (12) panel antenna, fifteen (15) radio remote units (RRUs) and ground mounted equipment within a new lease area of approximately 200 square feet that was reviewed at the April 4, 2023 Planning Commission Hearing.
ACTION: A Motion was made by Secretary Thrasher and seconded by Commissioner Quintana and passed by a vote of 5-0 to approve the Consent Calendar.
The motion carried by the following vote:
Aye: Chair Fort, Vice Chair Sanchez, Secretary Thrasher, and Commissioners Sangha and Quintana.
Abstain: None
PH-A Master Case No. 22-089: Tentative Parcel Map No. 20560 (Tentative Parcel Map No. 22-046) and Design Review No. 22-046. A proposal for a tentative parcel map to consolidate two parcels into one and site and architectural review for the construction of an industrial commerce center building totaling approximately 100,256 square feet on 4.89 adjusted gross acres.
Chair Fort opened Public Hearing
No one spoke in favor or opposition of this item.
Chair Fort requested that this item be continued to the next Planning Commission Meeting scheduled for Tuesday, May 2, 2023.
1113
Planning Commission Minutes April 18, 2023
ACTION: Motion was made by Vice Chair Sanchez and seconded by Secretary Thrasher and passed by a vote of 5-0 to continue this item to the next Planning Commission Meeting scheduled for Tuesday, May 2, 2023.
The motion carried by the following vote:
AYES: Sanchez, Thrasher, Fort, Sangha and Quintana; NOES: None; ABSTAIN:
None.
ABSENT: None
PH-B Master Case No. 22-108; Conditional Use Permit No. 22-027 - A request for approval to upgrade an existing Alcohol Beverage Control (ABC) License Type 41 (On-Sale Beer & Wine- Eating Place) to an ABC License Type 47 (On-Sale GeneralEating Place) for an existing restaurant El Sinaloense Tacos and Beer.
Chair Fort opened Public Hearing.
Mai Thao, Assistant Planner, presented the staff report.
The Commission and staff briefly discussed the difference between the existing Alcohol Beverage Control (ABC) License Type 41 and License Type 47.
The applicant Eliseo Haro stated that he read and agreed to the Conditions of Approval.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023-016; and:
1. Determine that the project is Categorially Exempt pursuant to Section No. 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the California Environmental Quality Act; and direct staff to file a notice of Exemption; and,
2. Approve Conditional Use Permit No. 22-027
ACTION: Motion was made by Vice Chair Sanchez and seconded by Commissioner Sangha and passed by a vote of 5-0 to; adopt Resolution PC No. 2023-016 and approve Conditional Use Permit No. 22-027.
The motion carried by the following vote:
1114
Planning Commission Minutes April 18, 2023
AYES: Sanchez, Sangha, Fort, Thrasher and Quintana; NOES: None; ABSTAIN:
None.
ABSENT: None
PH-C Master Case No. 21-090: General Plan Amendment No. 21-004, Zone Change No. 21-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), Design Review No. 21-034, and Development Agreement No. 22-006 - for the development of a 199,999 square foot Industrial Commerce Building.
Chair Fort opened Public Hearing.
Salvador Quintanilla, Senior Planner, presented the staff report.
The Commission and staff discussed the Existing and Proposed General Plan Land Use and Zoning of the project.
Another discussion took place regarding the availability of the residential units and if they would be listed as available to other developers.
The applicant, Jason Karengold, on behalf of Shea Properties stated that he read and agreed to the Conditions of Approval; commented on the traffic route along Sierra Avenue and spoke briefly regarding job creation a what this project would bring to the city.
The commission and applicant discussed potential clients/tenants for the project; net fiscal differentiation; queuing of trucks and signage along Duncan Canyon Road.
The following individuals spoke in favor:
• Danielle Holley
• Thomas Ruiz
• Eddie Campos
• Matt Slowik
• Artina McIntosh
No one spoke in opposition of this item.
The Public Hearing was closed.
Additionally, the commission and staff discussed the queuing and the availability to queue on property site.
1115
Planning Commission Minutes April 18, 2023
RECOMMENDATION:
Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-017, and forward a recommendation to the City Council to:
1. Adopt a resolution to certify the Environmental Impact Report (EIR), adopt a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination;
2. Adopt an ordinance approving Zone Change No. 21-006; and,
3. Adopt an ordinance approving Development Agreement No. 22-006; and,
4. Adopt a resolution approving Tentative Parcel Map No. 20523 (TPM No. 21- 018); and,
5. Adopt a resolution approving Design Review No. 21-034, subject to the attached Findings and Conditions of Approval.
ACTION: Motion was made by Vice Chair Sanchez and seconded by Secretary Thrasher and passed by a vote of 5-0 to; adopt Resolution PC No. 2023-017 and approve Master Case No. 21-090; General Plan Amendment No. 21-004; Zone Change No. 21-006; Tentative Parcel Map No. 20523 (TPM No. 21-018); Design Review No. 21-034, and Development Agreement No. 22-006.
The motion carried by the following vote:
AYES: Sanchez, Thrasher, Fort, Sangha and Quintana; NOES: None; ABSTAIN:
None.
ABSENT: None
PH-D Master Case No. 21-099: General Plan Amendment No. 21-005, Zoning Change No. 21-007, Tentative Parcel Map No. 20608 (TPM No. 21-022), Design Review No. 21-039, and Development Agreement No. 22-007 - for the development of two (2) industrial commerce center buildings totaling approximately 385,043 square feet on a site of approximately 19.0 gross acres.
Chair Fort opened Public Hearing.
Salvador Quintanilla, Senior Planner presented the staff report.
The Commission and staff discussed trucks not being allowed to use Duncan Canyon Road; signage will be place on street light, property, and along Duncan Canyon Road. 1116
Planning Commission Minutes April 18, 2023
The applicant David Pittman stated that he read and agreed to the Conditions of Approval.
The Commission and applicant discussed potential tenants for the project and the applicant’s decision to use Labor Union; queuing of trucks as it related to the projects entrance.
The following individuals spoke in favor:
• Amanda Morales
• Luis Echeverria
• Matt Slowik
• Juan Olmedo
No one spoke in opposition of this item.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-018, and forward a recommendation to the City Council to:
1. Adopt a resolution to certify the EIR, adopt a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination; and,
2. Adopt a resolution approving General Plan Amendment No. 21-005; and,
3. Adopt an ordinance approving Zone Change No. 21-007; and,
4. Adopt an ordinance approving Development Agreement No. 22-007; and,
5. Adopt a resolution approving Tentative Parcel Map No. 20608 (TPM No. 21- 022); and,
6. Adopt a resolution approving Design Review No. 21-039.
ACTION: Motion was made by Secretary Thrasher and seconded by Commissioner Sangha and passed by a vote of 5-0 to; adopt Resolution PC No. 2023-018 and approve General Plan Amendment No. 21-005; Zone Change No. 21-007; 1117
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Development Agreement No. 22-007; Tentative Parcel Map No. 20608 (TPM No. 21- 022); and Design Review No. 21-039.
The motion carried by the following vote:
AYES: Thrasher, Sangha, Fort, Sanchez, and Quintana; NOES: None; ABSTAIN:
None.
ABSENT: None
PH-E Master Case No. 22-075: Tentative Parcel Map No. 20653 (Tentative Parcel Map No. 22-014) and Design Review No. 22-038. A proposal for a tentative parcel map to combine two parcels into one and the site and architectural review and approval to construct an industrial commerce center building totaling approximately 165,000 square feet on approximately 7.37 acres.
Chair Fort opened Public Hearing.
Candida Neal, Contract Planner presented the staff report.
The Commission and staff discussed the concrete stamping of the project.
The applicant, Benjamin Horning, stated that he read and agreed to the Conditions of Approval.
The following individuals spoke in favor:
• Matt Slowik
No one spoke in opposition of this item.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023-019; and:
1. Adopt the Addendum and Mitigation, Monitoring, and Reporting Program to the Southwest Industrial Specific Plan Program Environmental Impact Report (SCH NO. 2009091089) and direct staff to file a Notice of Determination; and,
2. Approve Tentative Parcel Map No. 20653 (Tentative Parcel Map No. 22-014).
3. Approve Design Review No. 22-038.
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ACTION: Motion was made by Vice Chair Sanchez and seconded by Commissioner Quintana and passed by a vote of 5-0 to; adopt Resolution PC No. 2023-019 and approve Master Case No. 22-075: Tentative Parcel Map No. 20653 (Tentative Parcel Map No. 22-014) and Design Review No. 22-038 with proposed amendments to the Resolution.
The motion carried by the following vote:
AYES: Sanchez, Quintana, Fort, Sangha and Thrasher; NOES: None; ABSTAIN:
None.
ABSENT: None
PH-F Draft Environmental Impact Report (DEIR) Review for Master Case No. 22-053:
General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 and Development Agreement (DA) No. 23-005, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3)- a request to receive comments on the DEIR, State Clearinghouse No. 2022110389 for the development of three (3) industrial commerce buildings totaling approximately 540,849 square feet within three project sites totaling 24.4 acres.
Chair Fort opened Public Hearing.
Salvador Quintanilla, Senior Planner presented the staff report and noted for the record that he had not yet received any comments from the public regarding the draft Environmental Impact Report.
The Commission and Environmental Consultant, Tracy Zinn discussed the cumulative effects analysis of the Environmental Impact Report.
No one spoke in favor or opposition of this item
The Public Hearing was closed.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Open the public hearing on the Draft EIR prepared for the Sierra Business Center to receive comments from the public; and, 2) Review and provide Planning Commission comments on the DEIR; and, 3) Direct staff to address comments received on the Final EIR.
The commission directed staff to accept comments from the public. 1119
Planning Commission Minutes April 18, 2023
DIRECTOR COMMUNICATIONS:
A. Director Communications:
None.
COMMENTS:
A. Public Communication Commission Comments:
Commissioner Sangha thanked both the IT Department and Planning staff for setting up the meeting and for providing the needed information to make necessary decisions; thanked everyone for the opportunity to serve.
Secretary Thrasher echoed comments that were previously mentioned by fellow commissioners and briefly commented on the different designs of the projects.
Commissioner Quintana thanked the IT Department and Planning staff for putting on tonight’s meeting; thanked the Chamber of Commerce and the Carpenters Union for their support and for attending tonight’s meeting.
Vice Chair Sanchez echoed comments that were previously mentioned by fellow commissioners; briefly commented on the projects that were presented and thanked the stakeholders; closed his comments by congratulating his son on his wedding and announcing that his daughter is expecting a grandchild.
Chair Fort echoed comments that were previously mentioned by fellow commissioners; expressed her appreciation towards the public for coming out and speaking at tonight’s meeting.
ADJOURNMENT:
By consensus, the meeting adjourned at 7:42 p.m. to the next Regular Planning Commission Meeting on Tuesday, May 2, 2023, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. ____________________________
Susana Gallardo
Specialist to the Deputy City Clerk
THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 2
nd DAY OF MAY 2023.
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_______________________
Cathline Fort
Chairperson
1121
NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
Final Environmental Impact Report (EIR) State Clearing House No. 2022030544, Master Case (MCN) No. 21-099, Design Review Project (DRP) No. 21-039, Tentative Parcel Map (TPM) No. 21-022, General Plan Amendment (GPA) No. 21-005, Zone Change Application (ZCA) No. 21-007 and Development Agreement No. 22- 007: Request for development of an approximately 19.0‐acre property (APNs 0239‐151‐19, ‐25, ‐26, and ‐36) with two industrial commerce center buildings having maximum sizes of 296,297 square feet (s.f) and 88,746 s.f. (total of 385,043 s.f.), consolidation of 4 parcels into 2 parcels, proposed amendment of the General Plan designation from Multi‐Family High Density Residential (R‐MFH) and General Commercial (C‐G) to Light Industrial (I‐L), and proposed amendment of the zoning designation from Multi‐Family High Density Residential (R‐5) and General Commercial (C‐2) to Light Industrial (M‐1). The industrial commerce center project also includes a proposed truck loading area that will be screened by a 14-foot-high wall along the south side of Building No. 1 and on the west side of Building No. 2, vehicular parking areas, drive aisles, and landscaping.
The applicant has also prepared a development agreement.
Environmental
Determination:
This project has been
determined to have a significant
effect on the environment and a
Draft Environmental Impact
Report (EIR) (SCH No.
2022030544) has been
prepared pursuant to Sections
15080 and 15097 of the
California Environmental
Quality Act (CEQA).
Location of
Property:
The Project Site is located
east of Sierra Avenue and
south of Duncan Canyon
Road (APNs: 0239‐151‐19, ‐
25, ‐26, and ‐36)
Date of
Hearing:
May 9, 2023
Place of
Hearing:
City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
ATTACHMENT NO. 14 1122
Time of
Hearing: 7:00 P.M.
The City of Fontana (City) has prepared an Environmental Impact Report (EIR) for the proposed project. The Draft and Final EIR is available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontana.org/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner at (909) 350-6656 or [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.
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 TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish: April 28, 2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2181 Agenda Date: 5/9/2023
Agenda #: A. Category: New Business
FROM:
Finance
SUBJECT:
American Rescue Plan Act Update
RECOMMENDATION:
Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects.
COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by emphasizing capital formation. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
Background
The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021, providing additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. ARPA funding of $1.9 trillion provided for $362 billion in flexible fiscal aid to state and local governments in America under the State & Local Fiscal Recovery Funds (SLFRF). The City of Fontana was allocated $50.3 million in ARPA SLFRF funds. The U.S.
Department of the Treasury issued an Interim Final Rule in May 2021, and the Final Rule in January 2022, to implement the Coronavirus State and Local Fiscal Recovery Funds established under ARPA.
On March 8, 2022, the City Council approved the original ARPA Expenditure Plan (Plan). On September 13, 2022, the City Council subsequently approved a revised Plan which properly categorized existing projects per the Final Rule and eliminated projects that were determined to be City of Fontana Page 1 of 5 Printed on 5/4/2023
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File #: 21-2181 Agenda Date: 5/9/2023
Agenda #: A. Category: New Business
ineligible. As all projects were determined eligible in concept for ARPA funding, staff has worked diligently with the City Attorney’s office and HdL ECONSolutions ensuring that all project details met ARPA Final Rule requirements. Currently, nearly all projects have received a final legal determination as to their eligibility.
Current Plan
The current Plan reflects expenditures in four primary Federal Eligible Use Categories. As the U.S.
Department of Treasury (Treasury) continues to refine reporting requirements, the table below reflects the current budget in the updated categories per the Treasury reporting requirements.
Federal Eligible Use Category
Project Current Plan
1) Public Health & Economic Response
1.0 Public Health 2,560,000
2.0 Negative Economic Impacts 15,079,892
3.0 PH Negative Economic Impact Public Sector Capacity 6,822,751 2) Revenue Loss
6.0 Revenue Replacement 10,000,000 3) Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal
Awards (2 CFR Part 200)
7.0 Adminstrative 250,000 4) Water, Sewer, and Broadband Infrastructure
5.0 Infrastucture 11,195,000 5) Premium Pay
4.0 Premium Pay 1,799,486 To Be Determined 2,127,470
Total Programmed 49,834,599
Available 422,514
Total Allocation 50,257,113
Recommended Plan - Revisions
The revisions proposed for the current Plan budget reflect an increase in appropriation of $422,514.
Federal Eligible Use Category
Treasury Expenditure Category
Project
Current
Plan RevisionsProposed Plan
1) Public Health & Economic
Response
2.0 Negative Economic Impacts
Fontana Forward Grant Program 3,000,000 (2,700,000) 300,000
3.0 PH Negative Economic Impact
Public Sector Capacity
Leveraged Project: Support
Government Employment (hiring
bthdibli)
5,872,530 (922,249) 4,950,281
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File #: 21-2181 Agenda Date: 5/9/2023
Agenda #: A. Category: New Business
Federal Eligible Use Category
Treasury Expenditure Category
Project
Current
Plan RevisionsProposed Plan
1) Public Health & Economic
Response
2.0 Negative Economic Impacts
Fontana Forward Grant Program 3,000,000 (2,700,000) 300,000
3.0 PH Negative Economic Impact
Public Sector Capacity
Leveraged Project: Support
Government Employment (hiring
above the pre-pandemic baseline)
5,872,530 (922,249) 4,950,281
Vaccine Bonus 950,221 (422,767) 527,454
To Be Determined 2,127,470 (2,127,470) -
4) Water, Sewer, and Broadband
Infrastructure
5.0 Infrastucture
Supervisory Control and Data
Acquisition (SCADA) - Sewer
155,000 (155,000) -
Leveraged Project: Accela - 3,600,000 3,600,000
Leveraged Project: Fontana 311 - 3,150,000 3,150,000
Total 12,105,221 422,514 12,527,735
Plan revisions being proposed with this item include adjustments to the following projects:
· Fontana Forward Grant Program: Current allocation is $3.0 million and a decrease of $2.7 million is recommended based upon the current trend of the program and to support other projects where cost estimates are coming in higher than anticipated. · Leveraged Project: Support Government Employment (hiring above the pre-pandemic baseline): Current allocation is $5.9 million and a decrease of $922,249 is recommended to make available appropriation in the current fiscal year for both the Accela and Fontana 311 projects.
· Vaccine Bonus: Current allocation is $950,221 and a decrease of $422,767 is recommended based about actual costs of the project which ended December 31, 2022. · Supervisory Control and Data Acquisition (SCADA): Current allocation is $155,000 and it is recommended that this project be unappropriated as it was funded through another revenue source.
· Leveraged Project: Accela: This is a new project and it is recommended that it is funded in the amount of $3.6 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.
· Leveraged Project: Fontana 311: This is a new project and it is recommended that it is funded in the amount of $3.2 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.
Recommended Plan - Leveraged Projects
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Agenda #: A. Category: New Business
The original Plan as recommended by Council included $18.0 million of projects in the Revenue Loss category of which only had $10.0 million of available funding per the standard allowance in the Final Rule. As a result, the Revenue Loss category was over appropriated by $8.0 million and the projects in this category were not eligible under any other category. As such, $8.0 million of ARPA eligible projects needed to be identified in the General Fund and the funding for these projects switched to ARPA thus making available General Fund for the projects. These projects included the Police Department helicopter ($3.0 million) and various pavement rehabilitation projects ($5.0million) which will be funded through the General Fund as a result of the leveraged projects below which were previously funded by the General Fund and will now be funded through ARPA.
Since the last report, additional General Fund projects have been identified and it is recommended that Council approve the revised Leveraged Projects below:
Federal Eligible Use Category
Project Current PlanRevisions Proposed Plan
1) Public Health & Economic Response
Support Government Employment
(hiring above the pre-pandemic
baseline)
5,872,530 (922,249) 4,950,281
To Be Determined 2,127,470 (2,127,470) -
4) Water, Sewer, and Broadband
Infrastructure
-
New: Accela - 3,600,000 3,600,000
New: Fontana 311 - 3,150,000 3,150,000
Total 8,000,000 3,700,281 11,700,281
· Support Government Employment - Hiring Above the Pre-Pandemic Baseline ($5,872,530):
Per the Treasury Final Rule, the City may hire above the pre-pandemic baseline and use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. All costs associated with new positions approved by Council can be considered for this leveraged project, including by not limited to the new Police Department positions added in 2021-22 and 2022-23. This amount is being reduced by $922,249 to support other leveraged projects that will result in actual expenditures in the current fiscal year versus future fiscal years. · To Be Determined ($2,127,470): The current Plan included unidentified leveraged projects and the requested revisions reduces that programmed amount to zero as the Accela and Fontana 311 projects have been identified as eligible projects.
Recommended Plan Summary
The Plan below reflects all changes discussed above:
Federal Eligible Use Category
Project
Current
Plan RevisionsProposed Plan
1) Public Health & Economic
Response
1.0 Public Health 2,560,000 - 2,560,000
2.0 Negative Economic Impacts 15,079,892 (2,700,000)12,379,892 40 Premium Pay 250000 250000
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File #: 21-2181 Agenda Date: 5/9/2023
Agenda #: A. Category: New Business
Federal Eligible Use Category
Project
Current
Plan RevisionsProposed Plan
1) Public Health & Economic
Response
1.0 Public Health 2,560,000 - 2,560,000
2.0 Negative Economic Impacts 15,079,892 (2,700,000)12,379,892
4.0 Premium Pay 250,000 - 250,000
3.0 PH Negative Economic Impact
Public Sector Capacity 6,822,751 (1,345,016) 5,477,735
2) Revenue Loss
6.0 Revenue Replacement 10,000,000 - 10,000,000
3) Uniform Administrative
Requirement, Cost Principles, and
Audit Requirements for Federal
Awards (2 CFR Part 200)
7.0 Adminstrative 250,000 - 250,000
4) Water, Sewer, and Broadband
Infrastructure
5.0 Infrastucture 11,195,000 6,595,00017,790,000
5) Premium Pay
4.0 Premium Pay 1,549,486 - 1,549,486
To Be Determined 2,127,470 (2,127,470) -
Total Programmed 49,834,599 422,514 50,257,113
Available 422,514 -
Total Allocation 50,257,113 50,257,113
Plan Update
As of the last report, all Plan projects had been reviewed and based upon the scope of each project, deemed eligible by HdL and the City Attorney. Since the last report, all projects have been reviewed by City Attorney’s office in detail with the majority of the projects having been fully approved. Staff will continue to work with the City Attorney to ensure all projects meet all eligibility requirements. To date, $9.4 million have been expended. Attachment B provides a brief update on each project.
FISCAL IMPACT:
There is no net fiscal impact associated with the approval of this item. Approval of this item reallocates ARPA funding within the expenditure plan as detailed in Attachment A.
MOTION:
Adopt staff recommendation.
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ATTACHMENT A CITY OF FONTANA
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE AS OF MARCH 31, 2023
Federal Eligible Use Category
Treasury Expenditure Category Project Current Plan Proposed Plan Expenditures To Date 1) Public Health & Economic Response
1.0 Public Health Metrolink Station Security Cameras 60,000 60,000 60,000 Ventilation Upgrade for City Facilities 2,500,000 2,500,000 1,561,613
2.0 Negative Economic Impacts Fontana Forward Grant Program 3,000,000 300,000 189,339 Homelessness Prevention Resources and Care Center 8,000,000 8,000,000 100 Park Improvements 4,079,892 4,079,892 105,160
3.0 PH Negative Economic Impact Public Sector
Capacity
Leveraged Project: Support Government Employment
(hiring above the pre-pandemic baseline)
5,872,530 4,950,281 1,651,401
Vaccine Bonus 950,221 527,454 489,398
To Be Determined To Be Determined 2,127,470 -
2) Revenue Loss
6.0 Revenue Replacement Parking Structure 10,000,000 10,000,000 170,048 3) Uniform Administrative Requirement, Cost
Principles, and Audit Requirements for Federal
Awards (2 CFR Part 200)
7.0 Adminstrative Administrative Costs 250,000 250,000 12,047 4) Water, Sewer, and Broadband Infrastructure
5.0 Infrastucture Cypress Storm Drain Project 5,840,000 5,840,000 - Data Security & Threat Detection 250,000 250,000 157,927 Endpoint Detection & Response Solution 75,000 75,000 154,806 Fiber to City facilities 2,000,000 2,000,000 7,041
Network Detection & Response Solution 75,000 75,000 -
New Leveraged Project: Accela - 3,600,000 2,596,119
New Leveraged Project: Fontana 311 - 3,150,000 921,265
Septic to Sewer 2,000,000 2,000,000 -
Sewer and Storm Drain Infrastructure Masterplan 375,130 375,130 180,903 Supervisory Control and Data Acquisition (SCADA) -
Sewer
155,000 - -
Update Master Infrastructure Plans 424,870 424,870 210,457 5) Premium Pay
4.0 Premium Pay Part-Time Employee Retention 250,000 250,000 77,609 Public Safety Premium Pay 1,549,486 1,549,486 887,901
Total 49,834,599 50,257,113 9,433,133
Total Unappropriated Fund Balance 422,514 -
Total Allocation 50,257,113 50,257,113
1129
ATTACHMENT B CITY OF FONTANA
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL MARCH 31, 2023
Project Recommended
Amount
Expended As of
3/31/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Administrative Costs 250,000 12,047 Uniform Administrative Requirement, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200)
To cover the administrative direct and indirect costs
associated with the ARPA program.
2021-22 12/31/2024 250,000 Administrative costs to cover the implementation and oversight of the City's ARPA Expenditure Plan. Costs include but are not limited to City staff time, consultant services including HdL, and City Attorney costs.
Cypress Storm Drain Project 5,840,000 - Water, Sewer, and Broadband Infrastructure
Construction of a storm drain facility along Foothill Blvd between Sierra Ave and Cypress Ave and Cypress Ave between Foothill Blvd and Orange Way to connect to the newly constructed West Fontana Channel along the Metrolink railroad track. The project also includes landscaped median on Foothill Blvd, reconstruction of AC pavement, and ADA compliant sidewalks and curb ramps upgrades.
In Progress 12/30/2024 20,500,000 The project is currently in utility coordination phase. The project will be constructed in two phases:
- Phase 1 will be on Foothill Blvd between Sierra Ave and Cypress Ave, and on Cypress Ave between Foothill Blvd and Orange Way ($14.0 million) - Phase 2 will be on Cypress Ave between Miller Ave and Foothill Blvd and on Juniper Ave between Miller Ave and Foothill Blvd ($6.5 million) ARPA funds will be used towards the first phase. Phase 2 will be constructed once funding is identified in the future. The total project cost for Phase 1 is funded by ARPA, Local Measure I, Storm Drain, and Landscape.
Data Security & Threat Detection 250,000 157,927 Water, Sewer, and Broadband Infrastructure
A software suite that integrates with our servers and Office 365 to detect, report, and alert on permissions and activity to help detect unauthorized access.
7/1/2022 8/25/2022 160,000 Varonis DatAdvantage software suite was deployed and is currently in use to monitor the City's file servers and Office 365 environment. Approved via consent calendar during the June 28, 2022 City Council meeting. PO #22300174.
Endpoint Detection & Response Solution 75,000 154,806 Water, Sewer, and Broadband Infrastructure
A technology solution that would help detect, alert, and potentially respond automatically to anomalous or malicious network activity on the City's network.
In Progress 6/30/2024 75,000 Combined with Network Detection and Response solution. Purchased Arctic Wolf Managed Detection and Response (MDR) solution to monitor network traffic to alert on malicious or suspicious activity. Approved via consent calendar during the June 14, 2022 City Council Meeting. PO # 22300235.
Fiber to City facilities 2,000,000 7,041 Water, Sewer, and Broadband Infrastructure
This project would run City owned fiber to our 6 facilities with leased lines, 1police substation with a leased line, 4 of our larger parks that currently have no connectivity, and 1 police substation that currently has no connectivity. This would help facilitate the use of technology at the locations (Wi-Fi, security cameras, irrigation systems, etc.). 1/1/2023 6/1/2023 2,000,000 The IT and Engineering departments are currently working on the bid specifications.
Sites to be connected are: Palm Court Substation, Southridge Substation, Cypress Center, Don Day Center, Heritage Center, Jack Bulik Center, Martin Tudor Park, Mary Vagle Nature Center, Bill Martin Park, Central City Park, Ralph M. Lewis Sports Complex, South Fontana Park, and Veteran's Park.
REVISED: Fontana Forward Grant Program 300,000 189,339 Public Health & Economic Response Council approved program to grant Covid Impacted or Disproposationate residents $100 to $600 depending on family size and income.
REVISED: a decrease of $2.7 million is recommended based upon the current trend of the program and to support other projects where cost estimates are coming in higher than anticipated.
10/1/2022 12/31/2025 300,000 Total Applications Submitted: 225 First 100 applicants to be funded mid-April.
Homelessness Prevention Resources and
Care Center
8,000,000 100 Public Health & Economic Response The design and construction of a homeless shelter to serve the homeless population of the City.
9/1/2022 11/1/2024 12,000,000 Additional funding of $4,000,000 is required and potential sources include:
- Homeless Prevention, Resource, and Care Center $750,000 -4,750,000 - Courtplace Housing Development $4,000,000
- Pacific Electric Trail Improvement Project $750,000
Project will provide transitional housing and wrap around services (24 hour managed care) for up to 30 chronically homeless individuals as well as housing and appropriate support services for up to 16 families.
1130
ATTACHMENT B CITY OF FONTANA
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL MARCH 31, 2023
Project Recommended
Amount
Expended As of
3/31/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
REVISED: Leveraged Project: Support
Government Employment (hiring above the prepandemic baseline) 4,950,281 1,651,401 Public Health & Economic Response Per the Treasury Final Rule, the City may hire above the prepandemic baseline and use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline.
REVISED: a decrease of $922,249 is recommended to make
available appropriation in the current fiscal year for both the Accela and Fontana 311 projects.
2022-23 2023-24 4,950,281 All costs associated with new positions approved by Council can be considered for this leveraged project, including by not limited to the new Police Department positions added in 2021-22 and 2022-23.
Metrolink Station Security Cameras 60,000 60,000 Public Health & Economic Response Installation of 8 security cameras at the Fontana Metrolink station to help keep the area more secure. The station currently has no operational cameras, nor any City owned cameras.
4/1/2022 10/1/2022 67,000 Project is underway. Currently waiting on camera delivery which is delayed due to supply chain issues. As much work as possible is being done, such as electrical work and network cabling, so that once the cameras arrive, installation will be completed as quick as possible. PO # 22200836.
Network Detection & Response Solution 75,000 - Water, Sewer, and Broadband Infrastructure
A technology solution that would help detect, alert, and respond to unauthorized activity on the staff computers throughout the City. This would fill the gap between what anti-virus software will detect and our network defenses.
7/1/2022 9/1/2022 75,000 Combined with the Endpoint Detection and Response project. Purchased Arctic Wolf Managed Detection and Response (MDR) solution to monitor network traffic to alert on malicious or suspicious activity. Approved via consent calendar during the June 14, 2022 City Council Meeting. PO # 22300235.
New Leveraged Project: Accela 3,600,000 2,596,119 Water, Sewer, and Broadband Infrastructure
This is a new project and it is recommended that it is funded in the amount of $3.6 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.
2021-22 2023-24 3,600,000 In 2021 the Innovation and Technology Department began efforts to improve business processes in the land management and permitting systems. During the pandemic, it became clear that paper processes were no longer an effective way of serving our residents or business partners. The city wished to replace the existing solution with an improved digital solution to meet the needs of city employees, residents, and businesses.
Over the course of a year, city staff reviewed processes and gathered requirements for a new solution.
A new solution was selected in late 2021 to help improve processes in the land management and permitting system space. Throughout 2022 the IT department has continued to lead this project, working alongside almost every city department to ensure the new solution will be tailored to meet the city of Fontana’s needs in this space. This project has been a 3-year effort, and we are now nearing the tail-end of the project. The new, improved solution will seamlessly connect with surrounding systems, assist customers with an easy-to-use interface, ensure city employees process requests in a consistent and efficient manner, and provide dynamic insights to internal operations. The new solution is expected to go-live in the spring of 2023.
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ATTACHMENT B CITY OF FONTANA
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL MARCH 31, 2023
Project Recommended
Amount
Expended As of
3/31/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
New Leveraged Project: Fontana 311 3,150,000 921,265 Water, Sewer, and Broadband Infrastructure
This is a new project and it is recommended that it is funded in the amount of $3.2 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.
2021-23 2023-25 3,150,000 The City of Fontana developed and implemented the Fontana 311 system to improve communication and streamline services to its Residents and Businesses by bringing all customer interactions to one central location.
The Fontana 311 system will be a one-stop shop for businesses and residents to file complaints, get answers to questions, keep residents informed and overall improve citizen engagement. The Innovation and Technology department led the project to develop this new system and was sponsored by our Communications and Marketing office. Throughout 2022 and 2023, there has been extensive work with almost every city department to ensure all city services are captured within the application.
Residents will be able to call 311, use a website, or our 311 app to make that first request and then see it through to completion. The Fontana 311 system will allow staff to track requests from initiation to completion. Fontana 311 offers digital government services and makes interacting with government a much smoother process for our residents and businesses. The Fontana 311 system went live in December of 2022 and is now entering phase 2 of the project, which will bring an IVR with AI to assist our residents when they call for services.
Park Improvements 4,079,892 105,160 Public Health & Economic Response Various projects needed to replace and/or upgrade aging infrastructure in our City's parks.
10/1/2022 7/1/2023 4,059,500 Improvements are being recommended at the following 10 parks:
- Veteran's Park (installation of ballfield dugout shade structures) - Veteran's West Park (installation of new ballfield backstops, ballfield dugout shade structures, shade structures for spectator areas)
- Miller Park (installation of new park gazebo)
- Seville Park (installation of new ADA Inclusive playground structure) - Fernandez Park (installation of playground shade structure and ADA inclusive equipment)
- Bill Martin Park (installation of new ballfield backstops, ballfield dugout shade structures, and shade structures for spectator areas)
- Northgate Park (installation of playground shade structure and ADA inclusive playground equipment)
- North Tamarind Park (installation of new jumbo park gazebo for large groups, a new ADA inclusive playground structures, and rubber playground safety surfacing) - Lemon Pepper Park (installation of playground shade structure) - Carmela Park (installation of playground shade structure) Parking Structure 10,000,000 170,048 Revenue Loss The project will construct a new parking structure within the parking lot of the Fontana HR Office.
In progress 3/30/2025 15,000,000 The proposed project is to be constructed within the existing parking lot of the City’s Human Resources Department Building located at 8491 Sierra Avenue, Fontana, CA 92335, and shall consist of a 4-tier parking structure. Each tier will have a footprint of approximately 130 feet by 230 feet with two vehicular entrances, one along Learner Lane and the other along Wheeler Avenue. The City anticipates the structure to include 311 vehicular parking spaces and two elevators. The intent of the structure is to serve as both public and employee parking for the civic center campus as well as the planned downtown area which is to be revitalized. Funding includes $10.0 million in ARPA funds and $5.0 million General Fund.
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ATTACHMENT B CITY OF FONTANA
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL MARCH 31, 2023
Project Recommended
Amount
Expended As of
3/31/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
REVISED: Part-Time Employee Retention 250,000 77,609 Premium Pay Project includes recruitment and retention bonuses for part-time personnel.
REVISED: Previously included with Citywide vaccine bonuses but was recategorized as Premium Pay for reporting purposes. 2022-23 2022-23 250,000 Project includes recruitment and retention bonuses for part-time personnel with a current allocation of $250,000.
Public Safety Premium Pay 1,549,486 887,901 Premium Pay Project includes public safety retention bonuses which were previously categorized as Employee Retention/Incentive as Public Health & Economic Response.
2021-22 2022-23 1,549,486 Project includes public safety retention bonuses.
Septic to Sewer 2,000,000 - Water, Sewer, and Broadband Infrastructure
The project will provide septic to sewer conversion in a disadvantaged communities (DAC) area in the city.
In Progress 6/30/2025 6,000,000 County will not participate the project cost. The city in the process of finalizing project limits and scope of work. Once finalzied, RFP will be issued to select design firm. The funding for this project includes $2.0 million from ARPA and the balance of $4.0 million is to be determined as staff wil continue tol pursue additional grant opportunities.
Sewer and Storm Drain Infrastructure
Masterplan
375,130 180,903 Water, Sewer, and Broadband
Infrastructure
For consultant provided services in order to develop a masterplan document to forecast future infrastructure needs.
9/30/2022 9/30/2023 375,130 Contract with David Evans and Associates. for $375,130 was approved on October 10, 2022. Contract is being funded by ARPA. Work is ongoing with completion expected by September 2023.
REVISED: Supervisory Control and Data
Acquisition (SCADA) - Sewer
- - Water, Sewer, and Broadband
Infrastructure
Purchase and installation of a Supervisory Control and Data Acquisition (SCADA) system to monitor the City's sewer lift/pump station network.
REVISED: it is recommended that this project be unappropriated as it was funded through another revenue source.
It is recommended that this project be unappropriated as it was funded through another revenue source.
Update Master Infrastructure Plans 424,870 210,457 Water, Sewer, and Broadband Infrastructure
Storm Drain and Sewer master plans update. With completed projects and various changes since the last update, the master plans are due for an update.
9/30/2022 9/30/2023 478,502 Contract with Albert A. Webb Associates, Inc. for $478,502 was approved on October 3, 2022. Contract is being funding by ARPA and $53,632 from Fund 702. An addendum for $40,000 is approved by the City Council from Fund 702 to provide more detailed analysis of the Downtown Area with the funds being drawn from the Sewer Capital Projects Fund. Work is ongoing with completion expected by September 2023.
REVISED: Vaccine Bonus 527,454 489,398 Public Health & Economic Response Project includes a citywide vaccine bonus.
REVISED: a decrease of $422,767 is recommended based about actual costs of the project which ended December 31, 2022. 2022-23 2022-23 527,454 Project includes a citywide vaccine bonus. Citywide Vaccine Bonus, 40 hours per fulltime employee with a current allocation of $950,221 and a recommended decrease of $422,767 based about actual costs of the project which ended December 31, 2022.
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ATTACHMENT B CITY OF FONTANA
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL MARCH 31, 2023
Project Recommended
Amount
Expended As of
3/31/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Ventilation Upgrade for City Facilities 2,500,000 1,561,613 Public Health & Economic Response Upgrades to existing HVAC equipment to provide better protection to employees from Covid-19.
10/1/2022 4/30/2023 2,500,000 Project went out to bid and closed August 23rd. Bid responses were evaluated by Purchasing and contract was presented to council for consideration in September. The Project was awarded to Alliance Building Solutions. Installation began January 2023 and is set to be completed by the end of April 2023. Roughly 650 Portable Air Purifiers and Air Monitors will be installed throughout the interior of 18 City owned facilities.
Total 50,257,113 9,433,133
REVISED: Helicopter Purchase 3,000,000 3,000,000 General Fund This request is for an A-Star helicopter which will allow for a more available fleet and readied aircraft while one or more are down for scheduled or unscheduled maintenance. The A-Star can fly in windy conditions and eliminate the current loss of approximately 30% of hours due to inclement weather. Additionally, the upgraded program could provide for the ability to support an officer down rescue.
The increased functionality of the A-Star will allow for integrated maps to support in pursuits and tactical situations; recording capabilities to assist in evidence, training, and civil litigations; the ability to fly at higher altitudes to assist in covert surveillances to aid the Narcotics Unit, Fugitive Apprehension Team, and other units in the special operations division. Additionally, the A-Star will also provide air support to the Fire District including fire patrol and realtime tactical assessments improving response times and decreasing loss of property.
5/27/2022 7/30/2022 3,000,000 The AirBus Helicopter was purchased and delivered in May 2022 as well as the Chopper Stopper. The balance of the expenditures are outstanding and will be presented to Council for approval in September 2022. Project details include the following:
- 2011 Air Bus AS350B2 ($1,670,125)
- Chopper Stopper ($22,760)
- 5 Year Impound Fees ($625,000)
- 12 Year Maintenance ($225,000)
- FY 21/22 Prorated Premium Insurance ($3,962)
- FY 22/23 Insurance ($43,557)
- Cargo Hook Kit/Bambi Bucket ($100,000)
Additionally, there are on-going associated costs related to increased fuel, maintenance, storage, flight hours, and insurance premiums that will be requested in the first quarter.
Remaining outstanding items to be purchased included: Remaining Impound Fees, 12 Year Maintenance, and Cargo Hook Kit/Babmi Bucket.
Pavement Rehabilitation 5,000,000 TBD General Fund For annual work related to the City's Pavement Management Plan. 3/1/2023 8/30/2024 5,000,000 Project is currently in the planning stage and a comprehensive project list is being developed for Council’s consideration.
LEVERAGED PROJECTS FUNDED BY THE GENERAL FUND
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