Fontana City Council
November 14, 2023

Tuesday, November 14, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
CLOSED SESSION- 6:00 P.M.

REGULAR MEETING - 7:00 P.M.

Ord. No. 1926 Reso. No. 2023-103
Grover W. Taylor Council Chambers
City Council and Fontana Housing Authority Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
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Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a weapons screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.

PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION

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1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 16860 Arrow Blvd. APN 0191163240000
City Negotiator: Matt Ballantyne, City Manager
Negotiating Party: SA Golden Investments
Under Negotiation: Terms of Sale and Payment
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call: 7:00 P.M.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

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 21-2597
Approve the minutes of the October 24, 2023, Regular City Council Meeting, and the October 30, 2023, Special City Council Meeting.

City Council Meeting Minutes 10-24-2023.pdf
Special City Council Meeting Minutes 10-30-2023.pdf
Attachments:

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B. Approve Purchase of Motorola Portable Radios 21-2500

1. Approve the Sole Source of the APX6000 Motorola radios and accessories from Motorola Solutions in the amount of $1,252,050 to be utilized on the County of San Bernardino’s 800 MHz system. Radios to be utilized by Police Department Personnel.

2. Authorize the City Manager or his assigned designee to approve the purchase.

3. Authorize the Purchasing Division to issue purchase orders to the County of San Bernardino’s vendor; Motorola Solutions to purchase the APX6000 Motorola radios with Asset Seizure Fund #223.

Motorola sole source.pdf
APX6000 radio quotes.pdf
Attachments:

C. Award a Contract for the Tamarind and Industry Pump Station Improvement Project - Bid No. SB-148-PW-23.
21-2579

1. Award bid (SB-148-PW-23) and authorize the City Manager to enter into a contract with SCW Contracting Corporation for the Tamarind and Industry Pump Station Improvement Project in the amount of $4,609,361.00 and authorize a 10% contingency in the amount of $460,936.10.

2. Authorize an increase in expenditures of $460,936.10 in the Sewer Fund 703 to be included in the Mid-Year Budget Status Report.

Summary Bid Results.pdf
Notified Vendors SB-148-PW-23.pdf
SCW Contracting Corporation Bid - SB-148-PW-23.pdf
Attachments:

D. Accept three (3) Community Project Funding Grants from The U.S.

Department of Housing and Urban Development
21-2581

1. Accept the following Community Project Funding grant awards in the total amount of $8,750,000:
a. Homeless Prevention Resource Center Grant in the amount of $4,000,000
b. Pacific Electric Trail Improvement Project Grant in the amount of $750,000
c. Courtplace Housing Development Grant in the amount of $4,000,000

2. Authorize the City Manager to execute documents necessary to ensure the City’s timely receipt of Community Project Funding grants.

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E. Accept Lead Hazard Reduction Grant Program from U.S.

Department of Housing and Urban Development Office of Lead Hazard Control and Healthy Homes
21-2582

1. Accept grant awards in the total amount of $4,400,000, including Lead Hazard Reduction Grant in the amount of $4,000,000 and Healthy Homes Supplemental Grant in the amount of $400,000.

2. Authorize the City Manager to execute and transmit any documents necessary to ensure the City’s timely receipt of Lead Hazard Reduction Grant and Healthy Homes Supplemental Grant.

Attachments: Lead Hazard Grant Award Ltr.pdf
F. Final Acceptance of Street, Storm Drain, and Sewer Improvements on Lytle Creek Road for Tract No. 20018
21-2592

1. Accept as complete the street, storm drain, and sewer improvements on Lytle Creek Road for Tract No. 20018 located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2023-103, accepting sewer in Lytle Creek Road for Tract No. 20018 as part of the City sewer system.

TRACT 20018 - VICINITY MAP.pdf
TRACT 20018- RECORDED TRACT.pdf
TRACT 20018 - BOND AND SUBDIVISION IMPROVEMENT
AGREEMENT.pdf
TRACT 20018 - RESOLUTION.doc
Attachments:

G. Award a Contract for the Cypress Center and Knopf Center Tenant Improvements Project.
21-2595
Award bid (PW-24-20-PW) and authorize the City Manager to execute a contract with Fidelity Builders of Glendale, CA in the amount of $427,092.00 and authorize a 10% contingency in the amount of $42,709.00.

Summary Bid Results.pdf
Notified Vendors - PW-24-20-SB.pdf
Fidelity Builders Bid - PW-24-20-SB.pdf
Attachments:

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H. Final Acceptance of the Cherry at South Highland Interim Traffic Signal Project
21-2596
Accept as complete the work performed by Elecnor Belco Electric for the construction of the Cherry at South Highland Interim Traffic Signal Project (Project # 37600030) and approve the final construction amount of $290,433.01 (SB-110-DE-23).

Attachments: Vicinity Map
I. Approve Joint Use Agreement with Southern California Edison Company.
21-2607

1. Approve and authorize the City Manager to execute the Joint Use Agreement with Southern California Edison Company.

SCE Joint Use Agreement - Jurupa Ave - FINAL -
11-01-2023.pdf
Attachments:

J. A Wastewater Agreement with the City of Rialto and Orangewood Mobile Home Park Asset Partners, LLP for the property located at 8787 Locust Avenue, Fontana, CA. APN 0246-191-30
21-2610

1. Approve an Extraterritorial Wastewater Service Agreement with the City of Rialto and Orangewood Mobile Home Park Asset Partners, LLP for the property located at 8787 Locust Avenue, Fontana CA. APN 0246-191-30

2. Authorize the City Manager to execute all documents.

Attachment 2 - Wastewater Service Agreement City of Fontana Vers 20230524 4859-4850-6982 v.5 Finaled.docx
Attachment 1 - Location Map.pdf
Attachments:

K. Co-Sponsorship Application Cycle (2) 2023/2024 21-2611 Review and approve (10) Co-Sponsorship recommendations for the second half of 2023/2024 fiscal year (January 2024 through June 2024) totaling an amount of $26,740.00 as recommended by Parks, Community, and Human Services Commission.

Attachment A Co-Sponsorship Policy.pdf
Attachment B_September'23.pdf
Attachment C_September'23.pdf
Attachment D w_Commission Rec_September23.pdf
Attachments:

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L. Approve Resolution No. 2023-104, establishing an Impoundment Fee for Ordinance No. 1925
21-2612
Approve the Resolution that establishes a fee to recoup costs of impounding and storage of confiscated items from unlicensed street vendors Attachments: Fontana - Sidewalk Vending - Impound Fee Reso.pdf M. Declaring Surplus Land - Property located at 8425 Cypress Avenue 21-2614

1. Approve Resolution No. 2023- 105, declaring that the City-owned property on Cypress Avenue, north of Arrow Boulevard (Assessor’s Parcel Number 0191- 121-40) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.

SLA Resolution 8425 Cypress Avenue
Notice of Availability Surplus Land 8425 Cypress Ave
Attachments:

Approve Consent Calendar Items 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)

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A. Fourth Combined General Plan Amendments and Projects for the 4th General Plan Cycle of 2023; Part No. 1 - Merrill Land Use Redesignation and associated Mitigated Negative
Declaration, Part No. 2 - Banana North Multi-Family Project and associated Mitigated Negative Declaration, Part No. 3 - Poplar South Distribution Center Project and associated Environmental Impact Report, Part No. 4 Arrow and Tokay Land Use
Redesignation and associated Mitigated Negative Declaration, and Part No. 5 - Citrus/Oleander Industrial Commerce Center and associated Environmental Impact Report.
21-2440
Part No. 1 - Merrill Land Use Redesignation
Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to amend the General Plan land use designation of the project site of approximately

6.4 acres of land located north of Merrill Avenue between Alder Avenue and Laurel Avenue from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and Zoning District Map (ZCA) 22-001 to change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4), pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project.
1a) Adopt Resolution No. 2023-106, (Part No. 1 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting a Mitigated Negative Declaration, approving Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-001 (Part No. 1 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 Chapter 15 (land Use, Zoning and Urban Design) of the General Plan Land Use Designation for APNs: 0246-151-50, -51, -52, -56, -71, and -77 on approximately 6.4 acres of land located north of Merrill Avenue between Alder Avenue and Laurel Avenue, from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and, 1b) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA No. 22-001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue; and that the reading of the title constitutes the first reading thereof.

Part No. 2 - Banana North Apartments

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Master Case No. 22-037: General Plan Amendment (GPA) No. 22-005, Zoning District Map Amendment (ZCA) No. 22-006, Development Code Amendment (ZCA) No. 22-007, and Design Review Project (DRP) 22-020 - to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9 from Single-Family Residential (R-SF), to Walkable Mixed Used Corridor and Downtown (WMXU-1), a Zoning District Map Amendment (ZCA) 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC), and a Zoning and Development Code Amendment (ZCA) 22-007 to change the Form-Based Code Map, Section No. 30-406, to identify the subject properties as Route 66 Gateway sub-district on APNs: 0230-041-33, -44, -52, -60, and -61 totaling approximately 2.4 adjusted gross acres, and Design Review Project (DRP) 22-020 to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
2a) Adopt Resolution No. 2023-107, (Part No. 2 of General Plan Amendment Cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving the Mitigated Negative Declaration (MND) and with Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section No. 15070 of the California Environmental Quality Act (CEQA) and Section No. 6.04 of the 2019 Local Guidelines for implementing CEQA, and approving a General Plan Amendment (GPA) 22-005 to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9, from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor and Downtown (WMXU-1), for approximately 2.4 adjusted gross acres, and Design Review Project (DRP) 22-020 to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 adjusted gross acres and associated improvements, respectively, and subject to the Conditions of Approval; and,
2b) Read by title only and waive further reading of and introduce Ordinance No. 1927, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs:
0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, and that the reading of the title constitutes the first reading thereof; and, 2c) Read by title only and waive further reading of and introduce Ordinance No. 1928, an Ordinance of the City Council of the City of Fontana, approving a Development Code

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Amendment (ZCA) No. 22-007 to change the Form-Based Code Map, Section No. 30-
406, to identify the subject properties as Route 66 Gateway sub-district for the project site that is comprised of five (5) existing parcels (APNs:
0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue; and that the reading of the title constitutes the first reading thereof.

Part No. 3 - Poplar South Distribution Center Project
Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22-016, Design Review (DRP) No. 22-040 - Amendment of the subject site’s land use designations for approximately 18.8 adjusted gross acres from Residential Trucking (R-T) to General Industrial (I-G) and proposed site and architectural design for the development of an industrial commerce center building totaling approximately 490,565 square feet, and associated Final Environmental Impact Report (EIR).
3a) Adopt Resolution No. 2023-108, a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022090611), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;
3b) Adopt Resolution No. 2023-109, (Part No. 3 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 22-007 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 18.8 adjusted gross acres (APNs 0237-171-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -6, -17, -18, -19, and 0237-172-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -19, -22, -23, -26, -27, -28, -30, -31, -32, 33) from Residential Trucking (R-T) to General Industrial (I-G) and approving Tentative Parcel Map No. 20638 (TPM No. 22-016) to process a parcel map to consolidate forty-one (41) parcels into one parcel to develop a project site and approving Design Review No. 22-040 for the site and architecture review for a building totaling approximately 490,565 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and,

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3c) Read by title only and waive further reading of and introduce Ordinance No. 1929, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED), and that the reading of the title constitutes the first reading thereof; and,
3d) Read by title only and waive further reading of and introduce Ordinance No. 1930, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-003 to include payment of a public benefit fee.

Part 4 - Arrow and Tokay Land Use Redesignation
Master Case No. (MCN) MCN23-092: General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23-005 to amend the land use designation of the project site of approximately 25 acres of land located on the southwest corner of Arrow Boulevard and Tokay Avenue (which is divided into Sites A and B, consisting of four (4) parcels each) from Open Space (OS) to Light Industrial (I-L) and to include an Emergency Shelter Overlay District designation for Site A of the project; change the zoning from Open Space - Resource (OS-R) to Light Industrial (M-1) for the project site; and to add an Emergency Shelter Overlay District designation for Site A that is comprised of four (4) parcels, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project.
4a) Adopt Resolution No. 2023-110, (Part No. 4 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 23-003 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 (Future Land Use Map) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change the General Plan Land Use for the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) comprised of approximately 25 acres from Open Space (OS) to Light Industrial (I-L) and to add an Emergency Shelter Overlay District designation on a portion of the project site comprised of four (4) parcels (Site A - APNS: 0232-171-05, -06, -07, AND -08) that includes approximately 7 acres; and,

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4b) Read by title only and waive further reading of and introduce Ordinance No. 1931, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 23-004 to change the zoning designation of the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres and that the reading of the title constitutes the first reading thereof; and, 4c) Read by title only and waive further reading of and introduce Ordinance No. 1932, an Ordinance of the City Council of the City of Fontana, approving a Development Code Amendment (ZCA) No. 23-005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) that includes approximately 7 acres and that the reading of the title constitutes the first reading thereof
Part No. 5 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 23-100: Master Case No. 23-100: Citrus/Oleander Industrial Commerce Center Environmental Impact Report (State Clearinghouse No. 2022110389), General Plan Amendment (GPA) No. 23-004, Zoning District Map Amendment (Zone Change) No. 23-006, Specific Plan Amendment (SPA) No. 23-004, Tentative Parcel Map No. 22-009R1 (TPM No. 20709) (Building No. 1), Design Review (DRP) No. 22-029R1 (Building No. 1), Tentative Parcel Map No. 22-030R1 (TPM No. 20708) (Building No. 2), Design Review No. 22-061R1 (Building No. 2), Tentative Parcel Map No. 22-031R1 (TPM No. 20707) (Building No. 3), Design Review No. 22-062R1 (Building No. 3), and Development Agreement (DA) No. 23-085, - Amendment of the subject site’s General Plan land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-MFMH) to General Industrial (I-G), amendment of the Zoning District Map to change the project area zoning designation from Residential Planned Community and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan for approximately 29.4 adjusted gross acres, amendment of the Southwest Industrial Park Specific Plan (SWIP) to expand the specific plan boundaries to include the project area and designate it as Slover East Industrial District (SED) for approximately 29.4 adjusted gross acres, tentative parcel maps for the consolidation of parcels, and proposed site and architectural design for

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the development of three (3) industrial commerce center buildings totaling approximately 532,104 square feet, Development Agreement for a public benefit fee, and associated Final Environmental Impact Report (EIR).
5a) Adopt Resolution No. 2023-111, a Resolution of the City Council of the City of Fontana certifying the Citrus/Oleander Industrial Commerce Center Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;
5b) Adopt Resolution No. 2023-112, (Part No. 5 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 23-004 (Part No. 5 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 1; Tentative Parcel Map No. 22-030R1 (TPM No. 20708) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 2; Tentative Parcel Map No. 22-031R1 (TPM No. 20707) to consolidate five (5) parcels into one to develop the project site for Building No. 3; Design Review No. 22-029R1 for the design of Building No. 1; Design Review No. 22-061R1 for the design of Building No. 2; and Design Review No. 22-062R1 for the design of Building No. 3, all totaling approximately 532,104 square feet and including associated on-site and off-site improvements subject to the Conditions of Approval; and,
5c) Read by title only and waive further reading of and introduce Ordinance No. 1933, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,

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5d) Read by title only and waive further reading of and introduce Ordinance No. 1934, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 23-004, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
5e) Read by title only and waive further reading of and introduce Ordinance No. 1935, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park; and that the reading of the title constitutes the first reading thereof.

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Attachment No. 1 (Part No. 1) Resolution for General Plan Amendment
Attachment No. 2 (Part No. 1) Ordinance for Zoning Code District Map Amendment
Attachment No. 3 (Part No. 1) Planning Commission Minutes of 09-19-2023
Attachment No. 4 (Part No. 1) Planning Commission Staff Report & Attachments
Attachment No. 5 (Part No. 1) Notice of Public Hearing Alder Merrill
Attachment No. 6 (Part No. 2) Resolution for General Plan Amendment - Oct 2023
Attachment No. 7 (Part No. 2) Ordinance for Zoning Code District Map Amendment - Oct 2023
Attachment No. 8 (Part No. 2) Ordinance for Development Code Amendment - Oct 2023
Attachment No. 9 (Part No. 2) Planning Commission Packet - MCN22-037 - Banana North Project
Attachment No. 10 (Part No. 2) Draft Planning Commission Minutes
Attachment No. 11 (Part No. 2) Notice of Public Hearing Attachment No. 12 (Part No. 3) Resolution to Certify EIR Attachment No. 13 (Part No. 3) Resolution for General Plan Amendment, Tentative Parcel Map, Design Review
Attachment No. 14 (Part No. 3) Ordinance for SPA
Attachment No. 15 (Part No. 3) Ordinance for DA
Attachment No. 16 (Part No. 3) Planning Commission
Package, MCN22-079
Attachment No. 17 (Part 3) Draft Planning Commission
Minutes of October 17, 2023
Attachment No. 18 (Part No. 3) Public Hearing Notice
Attachment No. 19 (Part No. 4) Resolution of General Plan Amendment
Attachment No. 20 (Part No. 4) Ordinance for Zoning Code District Map Amendment
Attachment No. 21 (Part No. 4) Ordinance for Development Code Amendment
Attachment No. 22 (Part No. 4) Planning Commission
Package, MCN23-092
Attachment No. 23 (Part No. 4) Draft Planning Commission Minutes of October 17, 2023
Attachment No. 24 (Part No. 4) Public Hearing Notice
Attachment No. 25 (Part No. 5) Resolution to Certify the EIR Attachment No. 26 (Part No. 5) Resolution for the GPA,

TPM, DR
Attachments:

15 City Council and Fontana Housing
Authority Meeting
Regular Agenda November 14, 2023
Attachment No. 27 (Part No. 5) Ordinance for Zone District Map Amendment
Attachment No. 28 (Part No. 5) Ordinance for the SPA
Attachment No. 29 (Part No. 5) Ordinance for the DA
Attachment No. 30 (Part No. 5) Citrus and
Oleander_Updated CEQA Letter
Attachment No. 31 (Part No. 5) Urban Crossroads
Supplemental Assesment
Attachment No. 32 (Part No. 5) Project Plans for
MCN23-100
Attachment No. 33 (Part No. 5) Public Hearing Notice
B. Master Case No. 23-090 and Municipal Code Amendment No. 23-003 - Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section
15060(c) and 15061(B)(3).
21-2539

1. Determine that this project is Categorically Exempt pursuant Sections 15060(c), 15061(B)(3) (the “common-sense” exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1936, an Ordinance of the City Council of the City of Fontana approving Master Case No. 23-090 and Municipal Code Amendment No. 23-003 amending Chapter 30 that will modify multiple sections, including modification of appeal hearing timeframes, addition of language to provide for minor and major planned unit developments (PUDs), modification of language related to open space requirements, modification of garage door design requirements; inclusion of language to reduce landscape setback requirements to accommodate bus turn outs and deceleration lanes, addition of language to streamline development standards within Medium Density Residential (R-2) and Multiple Family (R-3) zoning districts, and additional recreational facilities options within the Multi-Family Medium/High Density (R-4) and Multi-Family High Density Residential (R-5) zoning districts; and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Staff Report
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:

16 City Council and Fontana Housing
Authority Meeting
Regular Agenda November 14, 2023
C. Master Case No. 23-098 and Municipal Code Amendment No. 23-001 - Amendment to Fontana Municipal Code Chapter 9 to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f), pursuant to a categorical
exemption in accordance with CEQA Guidelines section
15060(c), 15061(b)(3), 15307 and 15308.
21-2590

1. Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) (the common-sense exemption), and Section No.

3.22 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing of CEQA, as implementation of this ordinance is to improve the environment; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1937, an Ordinance of the City Council of the City of Fontana approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to; and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ordinance for Municipal Code
Amendment
Attachment No. 2 - Notice of Exemption
Attachments:

17 City Council and Fontana Housing
Authority Meeting
Regular Agenda November 14, 2023
D. Public Hearing and consideration of a Disposition and Development Agreement (“DDA”) between the City of Fontana, the Fontana Housing Authority and Fontana Courtplace I
Housing Partners, L.P., for development of 1.94 acres of unimproved land located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (a portion of assessor parcel numbers 0255-101-22-0-000 and
0255-101-23-0-000)(“Property”) pursuant to California
Environmental Quality Act findings concerning the adequacy of the previously adopted Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program.
21-2598
Attachment No. 1 - Fontana Courtplace DDA Resolution
FONTANA - DDA (Courtplace) 10 20 23 (final)
-c1-c1-c1.docx
Fontana DDA - REGULATORY AGREEMENT- 10 20 23
(final)-c1-c1-c1.docx
Attachments:

NEW BUSINESS:

A. New Business
A. Council Meeting Start Time 21-2619
Approve Resolution No. 2023-114, establishing a new City Council meeting start time
FONTANA_ RESOLUTION AMENDED SECTION 2-142 OF

THE FONTANA MUNICIPAL CODE TO CHANGE CITY
COUNCIL MEETING TIME-c1.docx
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on December 12, 2023 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

18 City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2597 Agenda Date: 11/14/2023
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the October 24, 2023, Regular City Council Meeting, and the October 30, 2023, Special City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the October 24, 2023, Regular City Council Meeting, and the October 30, 2023, Special City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 11/8/2023
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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, October 24, 2023
7:00 PM
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
20

WORKSHOP:

A. 5:00 P.M. City Council Workshop
The Workshop of the Fontana City Council was held on Tuesday, October 24, 2023, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 5:01 p.m. with all members of the City Council present.

City Treasurer Janet Koehler-Brooks was also in attendance. City Clerk Germaine Key was absent.

1. CCA Power Purchase Option Presentation
Deputy City Clerk Christina Rudsell stated there were no public communications received for Workshop Items 1 and 2.

John Valdivia of AAdvantage Communications introduced Howard Choy, Executive Consultant with EES Consulting who provided an overview of how Community Choice Aggregators (CCA's) operate.

Mr. Choy also provided financial net positions for various CCA's throughout California and discussed recommended next steps for implementation of a CCA.

Mayor Warren asked how the City could partner with business entities such as hospitals, manufacturers, etc.

Mr. Choy stated that businesses, industries and ratepayers throughout the City would automatically enrolled as a CCA customer.

Mayor Warren asked about the formation of a joint power authority and if member cities needed to be contiguous.

Mr. Choy stated that cities do not need to be contiguous to form a join power authority.

Discussion ensued about the formation of a joint power authority along with a feasibility study and analysis.

Council Member Roberts asked if there were any restrictions on where to purchase power from.

Mr. Choy responded stating that the Council would determine where to purchase power from.

Council Member Cothran asked how many staff were needed to manage the CCA.

Mr. Choy stated that consultants or a 0.5 - 1 FTE position would be needed to manage the administrative functions of the CCA.
21

Direction was provided to the City Manager to explore the option of a CCA and issuing a Request for Proposal (RFP) for a feasibility study.

2. 2022-23 Preliminary Yearend Results and 2023-24 First Quarter Budget Report Chief Financial Officer Jessica Brown presented the following:
2022-2023 Preliminary Yearend Results along with an overview of 2022-2023 General Fund revenues and expenditures. Also noted that there was a $12.2 million contribution to fund balance for Fiscal Year 2022-2023.
2023-2024 First Quarter Budget Status Report, discussed General Fund revenues and expenditures, carryforward requests and recurring requests. Stated that there was a 2.1% increase in expenditures for Fiscal Year 2023-2024. Also provided a General Fund 5-year forecast.

Update on American Rescue Plan Act (ARPA) expenditures.

The Workshop adjourned at 5:50 p.m. to the Regular City Council Meeting at 7:00 P.M.

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, October 24, 2023. Mayor Warren called the meeting to order at 7:05 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, Sandoval and Cothran.

ABSENT: None
City Treasurer Janet Koehler-Brooks was also in attendance. City Clerk Germaine Key was absent.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.
22

PROCLAMATION:

A. Proclamations
Mayor Warren and City Council proclaimed November 2023, as National Epilepsy Awareness Month. Legacy Bridges Foundation, Inc. Executive Director Melanee A. Stovall accepted.

SPECIAL PRESENTATIONS:

A. Special Presentations
Mayor Warren and City Council introduced the Mayor's Youth Advisory Council Board.

Mayor Warren and City Council recognized the Summit High School Majorette Team.

Mayor Warren swore in Fontana Police Officers, Angel Martinez, Anthoniey Rodriguez, and Steve Solis.

Mayor Warren and City Council recognized Officer Amanda Losch, Dispatch Supervisors Mary Jo Grinceri and Cheri Parker, Dispatchers Laura Asten, Shannon Behrse, Teddy Boucher, Maricela Edmonds, Melodi Mundrick and Diana Zick, and Call Taker Angelica Roberts as Fontana Police Department’s September 2023 Employees of the Month.

PUBLIC COMMUNICATIONS:

A. Public Communications
Margo Alducin spoke on Consent Calendar Item B.

Joaquin Castellejos spoke on Consent Calendar Item B.

Amanda Morales spoke on Consent Calendar Item B.

Mark Richichi spoke in opposition of the Planned Parenthood clinic.

Jennifer Cardenas spoke on Consent Calendar Item B.

Crystal Calvillo spoke on Consent Calendar Item B.

Xochitl Gonzalez spoke on Consent Calendar Item B.

Evan Webb spoke on Consent Calendar Item B.

Carodina Rodriguez spoke on Consent Calendar Item B.

Alexis Teodoro spoke on Consent Calendar Item B.

Olga A. Estrada spoke on Consent Calendar Item B.
23

Victor Hernandez spoke on Consent Calendar Item B.

Victor Pereda spoke on Consent Calendar Item B.

Juvenal Estrada spoke on Consent Calendar Item B.

Veronica Roman spoke on Consent Calendar Item B.

Digna Orozco spoke on Consent Calendar Item B.

Remedios Miralrio spoke on Consent Calendar Item B.

Yeni Ruiz spoke on Consent Calendar Item B.

Alex Mendez spoke on Consent Calendar Item B.

Derrick Hernandez spoke on Consent Calendar Item B.

Patty D spoke on Consent Calendar Item B.

Jocelyn Sida spoke on Consent Calendar Item B.

Kristen Malaby spoke on Consent Calendar Item B.

Carino Carrillo spoke on Consent Calendar Item B.

Jose Rosales spoke on Consent Calendar Item B.

Blanca Olivares spoke on Consent Calendar Item B.

Andrea Ortega Gonzalez spoke on Consent Calendar Item B.

Estie spoke on Consent Calendar Item B.

Ivana Ruiz spoke on Consent Calendar Item B.

Edin Enamorado spoke on Consent Calendar Item B.

Ana Gonzalez spoke on Consent Calendar Item B.

Matt Slowick spoke on Consent Calendar Item B.

Saving Grace spoke on Consent Calendar Item B.

Elizabeth Sena spoke on Consent Calendar Item B.

Tania spoke on Consent Calendar Item B.

Gina Lopez spoke on Consent Calendar Item B.
24

RECESS:

Mayor Warren called for a recess at 8:53 p.m.

The meeting reconvened at 9:06 p.m. with all members present.

Alicia Sanchez spoke on Consent Calendar Item B.

Toxico 2024 spoke on Consent Calendar Item B.

Alex Enamorado spoke on Consent Calendar Item B.

Claudia Cuevas spoke on Consent Calendar Item B.

Jose Guerra spoke on Consent Calendar Item B.

Luis Ojeda spoke on Consent Calendar Item B.

RECESS:

Mayor Warren called for a recess at 9:16 p.m.

The meeting reconvened at 9:28 p.m. with all members present.

CONSENT CALENDAR:

Prior to the motion being made, Council Member Cothran recused himself from item “E” on the Consent Calendar due to real estate holdings within the project area.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to approve the Consent Calendar items “A-L” with Council Member Cothran abstaining from item “E.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES:

None; ABSTAIN: None ABSENT: None
A. Approval of Minutes 21-2556
B. Adoption of Ordinance No. 1925 (Second Reading) 21-2555 C. Purchase & Sale Agreement - Sure Stay Hotel 21-2451
D. Purchase Capacity Upgrade for CCTV Video Surveillance 21-2475 Storage
25

E. Approve the Second Amendment to the Memorandum of 21-2505 Understanding with the City of Rancho Cucamonga for the San Sevaine Trail Phase I, Segment 2 Project.

F. Award a Construction Contract for the Jurupa Avenue 21-2517 Landscape Median Project (Bid No. DE-24-09-SB).

G. Acceptance of Final Map for Parcel Map No. 20529 and 21-2521 Abandonment of a Certain Portion of Right of Way of Banana Avenue
H. Fiscal Year 2023-24 First Quarter Budget Status Report 21-2531 I. Resolution of Public Interest and Convenience No. 2023-102 21-2534 declaring the intent to sell 1.94 acres of City owned property and declaring the property exempt surplus land and setting a public hearing to consider protest for conveyance of the property.

J. Police Department Monthly Information Update 21-2537 K. Land Use and Economic Impact Analysis 21-2577
L. American Rescue Plan Act Update 21-2510
NEW BUSINESS:

A. New Business
A. MIS23-015: A request for permission to file a new application 21-2547 for a general plan amendment, specific plan amendment,
zoning district map amendment, three design reviews, three tentative parcel map requests and development agreement for the property located at Citrus and Oleander Avenue at Santa Ana Avenue due to a change in plans pursuant to Fontana Municipal Code Section 30-39, 30-47 and 30-74 (Time
Limitations).

Senior Planner Salvador Quintanilla provided the staff report.

Council Member Sandoval asked what the proposed new plan was. 26

Deputy City Manager Phillip Burum stated that the Council was being asked to permit the applicant to submit a new application.

City Attorney Ruben Duran clarified that the motion needed to be made by one of the Council Members who voted in the majority on the prevailing vote to deny the project at the July 25, 2023, Public Hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed unanimously by a vote of 4-1 to approve New Business Item “A” as follows:

Grant Acacia Real Estate Group, Inc. (the “Applicant”) permission to file a new application based on a change in the plans to be submitted, pursuant Fontana Municipal Code Section 30-39, 30-47, and 30-74 (Time Limitations).

The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None
B. General Fund Balance and Reserve Policy 21-2557
Chief Financial Officer Jessica Brown provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Sandoval, and passed unanimously by a vote of 5-0 to approve New Business Item “B” as follows:

1. Approve the General Fund Balance and Reserve Policy

2. Approve the City’s Pension Liability Pre-Funding Plan of Additional Discretionary Payments The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
Items “C,” “D,” and “E” were all considered in one presentation.

Deputy City Manager Phillip Burum provided the staff report.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 4-1 to approve New Business Items “C,” “D,” and “E,” as follows:

C. Special Ballot Measure Tax Consulting 21-2552
Approve and authorize the City Manager to enter into an agreement (SP-50-FD-23-01) and any future amendments with DTA, Inc. in the amount of $79,500 for an exploratory tax study of Community Facilities District fund consolidation and restructuring. 27

D. Special Ballot Measure Feasibility Survey 21-2564
Approve and authorize the City Manager to enter into an agreement with FM3 Research in the amount of $104,800 to provide feasibility survey and research for a potential November 2024 Community Facilities District consolidation ballot measure.

E. Special Ballot Measure Development 21-2565

1. Approve and authorize the City Manager to enter into an agreement with TeamCivX in the amount of $94,200 for the development of a potential November 2024 Community Facilities District consolidation ballot measure and future amendments.

2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Matthew Ballantyne did not have any comments.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
Council Member Sandoval encouraged all to attend the upcoming Halloween events and the Veteran's Day Celebration.

Council Member Roberts had no comments.

Council Member Cothran encouraged all to be safe during the Halloween season.

Mayor Pro Tem Garcia expressed disappointment with the lack of decorum among some of tonight's audience members.

Mayor Warren discussed progress made in Fontana and the importance of support local businesses who were operating legally. Also discussed small business assistance programs offered by the City.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting in memory of Ruben Gutierrez. The meeting adjourned 28

at 9:59 p.m. to the next Regular City Council Meeting on November 14, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. _____________________
Christina Rudsell
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON NOVEMBER 14TH, 2023.
_______________________
Germaine Key
City Clerk
29

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Monday, October 30, 2023
2:00 PM
City of Fontana
Emergency Operations Center
17005 Upland Avenue
Fontana, CA 92335
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
30

CLOSED SESSION:

A. 1:30 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Emergency Operations Center, 17005 Upland Avenue, Fontana, CA 92335, on Monday, October 30, 2023.

Mayor Warren announced that the Closed Session meeting would be held after the Goals Update Workshop.

Mayor Warren called the meeting to order at 4:08 p.m., with all members of the City Council present.

CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Emergency Operations Center, 17005 Upland Avenue, Fontana, CA 92335, on Monday, October 30, 2023. Mayor Warren called the meeting to order at 2:02 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, Sandoval and Cothran.

ABSENT: None
City Treasurer Janet Koehler-Brooks was also in attendance. City Clerk Germaine Key was absent.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Sandoval.

PUBLIC COMMUNICATIONS:

A. Public Communications:

There were no public communications received.
31

WORKSHOP:

A. City Council Workshop: Goal Setting (Executive Management Team to present).

The City’s Vision, Mission Goals and Objectives were discussed.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 4:08 p.m. to the Closed Session Meeting on Monday, October 30, 2023, immediately following the Workshop in the Emergency Operations Center, 17005 Upland Avenue, Fontana, CA 92335.
_______________________
Christina Rudsell
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON NOVEMBER 14, 2023.
_______________________
Germaine Key
City Clerk
32 City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2500 Agenda Date: 11/14/2023
Agenda #: B. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Purchase of Motorola Portable Radios
RECOMMENDATION:

1. Approve the Sole Source of the APX6000 Motorola radios and accessories from Motorola Solutions in the amount of $1,252,050 to be utilized on the County of San Bernardino’s 800 MHz system. Radios to be utilized by Police Department Personnel.

2. Authorize the City Manager or his assigned designee to approve the purchase.

3. Authorize the Purchasing Division to issue purchase orders to the County of San Bernardino’s vendor; Motorola Solutions to purchase the APX6000 Motorola radios with Asset Seizure Fund #223.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by improving services through the effective use of technology.

DISCUSSION:

The City of Fontana works on the San Bernardino County 800 MHz radio system. Current Motorola XTS5000 radio is the equipment assigned to employees of the Fontana Police Department. Motorola advised that they are no longer manufacturing the XTS5000 model HT or their batteries. Since we will no longer be able to purchase XTS5000 radios, batteries, and accessories, the department will replace the XTS5000 with the new replacement model APX6000 HT along with the batteries and accessories.

The police department will utilize federal asset seizure funds for the radio project. This is a major project that would ultimately cost the city approximately $3,000,000.00. There will be a price increase effective 12/20/23. To complete the project prior to the price increase (estimated 41%), the police department request authorization to proceed with the purchase of the APX6000 equipment.

The City’s Purchasing Policies and Procedures Manual Section 3.1.5 allows for Non-Competitive Proposals for purchases that are unique and are only available form one source. The County’s radio system from Motorola is a proprietary system and only available to be purchase directly from Motorola Solutions.

City of Fontana Page 1 of 2 Printed on 11/8/2023
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File #: 21-2500 Agenda Date: 11/14/2023
Agenda #: B. Category: Consent Calendar
The department will continue to seek alternative funding for replacement and future additions. Any future necessary adjustment and requests will be made as needed on a quarterly basis.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,252,050 and is included in the 2023- 24 revised budget, Asset Seizure Fund 223 (234 0373 8013). Any additional radios, batteries, and/or accessories will be requested with quarterly budget adjustments and/or annual operating budget adjustments.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 11/8/2023
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37 38
39 40
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2579 Agenda Date: 11/14/2023
Agenda #: C. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Contract for the Tamarind and Industry Pump Station Improvement Project - Bid No. SB-148 -PW-23.

RECOMMENDATION:

1. Award bid (SB-148-PW-23) and authorize the City Manager to enter into a contract with SCW Contracting Corporation for the Tamarind and Industry Pump Station Improvement Project in the amount of $4,609,361.00 and authorize a 10% contingency in the amount of $460,936.10.

2. Authorize an increase in expenditures of $460,936.10 in the Sewer Fund 703 to be included in the Mid-Year Budget Status Report.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The Public Works Department is charged with operations and maintenance of over 465 miles of Sanitary Sewer Collection System. As part of the City’s sewer system, we maintain seven (7) sewer lift stations throughout the City. Tamarind and Industry Lift Stations have been in operation operating with the original equipment since 1986. These two stations are last of the seven (7) stations to be upgraded to our new pump system and will also be integrated with our newly operational SCADA monitoring system.

Sealed Bids were opened electronically at 2:00 P.M. on September 13, 2023. Eight hundred fifty-two (852) bidders were notified of the bid. Bid packets were downloaded/received by thirteen (13) vendors and we received two (2) bid responses. Thirty-three (33) Fontana vendors were notified. No Fontana vendor responses were received. A total of two (2) bids were received ranging from $4,609,361.00 to $4,684,200.00. SCW Contracting Corporation is the lowest, most responsive, and responsible bidder in the amount of $4,609,361.00. The engineer’s estimate was $4,500,000 which included contingency. After evaluating the vendor responses, the Purchasing Office is recommending SCW Contracting Corporation to be the lowest, most responsive, and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $5,070,297.10. Funds in the amount of City of Fontana Page 1 of 2 Printed on 11/8/2023
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File #: 21-2579 Agenda Date: 11/14/2023
Agenda #: C. Category: Consent Calendar
$4,659,721.66 are currently available in the FY 2023-2024 budget in 37104335-703-A and 37104334 -703-A. An additional $460,936.10 from Fund 703 is being requested. The request will be submitted with the next quarterly budget report and will be funded by Sewer Replacement Fund No. 703. All future costs will be included in subsequent fiscal year budgets.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 11/8/2023
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Bid Results
Tamarind & Industry Pump Station
SB-148-PW-23
SCW Contracting Corporation $4,609,361.00
Fallbrook, CA
Mehta Mechanical Company Inc. $4,684,200.00
La Palma, CA
43 City of Fontana
Tamarind & Industry Pump Station Improvements (SB-148-PW-23), bidding on 09/13/2023 2:00 PM (PDT)

Printed 09/13/2023
PlanetBids
44 City of Fontana
Tamarind & Industry Pump Station Improvements (SB-148-PW-23), bidding on 09/13/2023 2:00 PM (PDT)

Printed 09/13/2023
PlanetBids
45 City of Fontana
Tamarind & Industry Pump Station Improvements (SB-148-PW-23), bidding on 09/13/2023 2:00 PM (PDT)

Printed 09/13/2023
PlanetBids
46 City of Fontana
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City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2581 Agenda Date: 11/14/2023
Agenda #: D. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Accept three (3) Community Project Funding Grants from The U.S. Department of Housing and Urban Development
RECOMMENDATION:

1. Accept the following Community Project Funding grant awards in the total amount of $8,750,000:
a. Homeless Prevention Resource Center Grant in the amount of $4,000,000 b. Pacific Electric Trail Improvement Project Grant in the amount of $750,000 c. Courtplace Housing Development Grant in the amount of $4,000,000

2. Authorize the City Manager to execute documents necessary to ensure the City’s timely receipt of Community Project Funding grants.

COUNCIL GOALS:
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

In the Consolidated Appropriations Act, 2023, Congress made funding available for “grants for the Economic Development Initiative (EDI) for the purposes specified for Community Project Funding/Congressionally Directed Spending.” These Community Project Funding (CPF) awards are administered by the Department of Housing and Urban Development (HUD).

The City of Fontana received three (3) Fiscal Year 2023 CPF grants as follows:

1. Homeless Prevention Resource Center grant in the amount of $4,000,000. This funding will go towards the development acquisition and/or the development of the Homeless Prevention resource center which will provide housing and services for San Bernardino County residents that fall into homelessness. The approach will be to address homelessness on an individual level, providing shelter and support services based on the need of the person(s) or families.

2. Pacific Electric Trail Improvement Project in the amount of $750,000. This funding will improve approximately 125,000 square feet of the Pacific Electric Trail with drought tolerant landscaping, exercise equipment, seating areas and educational signage.

3. Courtplace Housing Development in the amount of $4,000,000. This funding will be utilized for the development of the 106-unit multi-family apartment community. These funds will be City of Fontana Page 1 of 2 Printed on 11/8/2023
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File #: 21-2581 Agenda Date: 11/14/2023
Agenda #: D. Category: Consent Calendar
included as part of the $15-million-dollar budget for the development of this community.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase of expenditure and revenue budgets in the amount of $8,750,000 in Fund 301. Funds for the Homeless Resource Center ($4 million) and Courtplace Apartments ($4 million) were already included in the FY2023-24 budget First quarter adjustments in Projects 37600041 and 37600063, Fund 301. The remaining required budget adjustments will be included in the first available quarterly budget report in Fund 301.

MOTION:

Approve staff recommendations.

City of Fontana Page 2 of 2 Printed on 11/8/2023
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City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2582 Agenda Date: 11/14/2023
Agenda #: E. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Accept Lead Hazard Reduction Grant Program from U.S. Department of Housing and Urban Development Office of Lead Hazard Control and Healthy Homes RECOMMENDATION:

1. Accept grant awards in the total amount of $4,400,000, including Lead Hazard Reduction Grant in the amount of $4,000,000 and Healthy Homes Supplemental Grant in the amount of $400,000.

2. Authorize the City Manager to execute and transmit any documents necessary to ensure the City’s timely receipt of Lead Hazard Reduction Grant and Healthy Homes Supplemental Grant.

COUNCIL GOALS:
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state, and federal governments.

DISCUSSION:

The U.S. Department of Housing and Urban Development (HUD) released a Notice of Funding Opportunity (NOFO) Lead Hazard Reduction Grant Program on June 17, 2022, and subsequently updated on February 15, 2023, making over $400 million dollars available.

The purpose of the Lead-Based Paint Hazard Reduction (LHR) grant program is to maximize the number of children under the age of six protected from lead poisoning by assisting states, cities, and other units of local government in undertaking comprehensive programs to identify and control leadbased paint hazards in eligible privately-owned rental or owner-occupied housing populations.

Additionally, the Healthy Homes Supplemental funding available through this NOFO is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazard that affect resident health, including not limited to mold, asbestos, and carbon monoxide.

The Housing Department submitted an application on April 13, 2023, and were subsequently awarded the full amount of $4,400,000.

The City will utilize the four-year grant program funds as follows:
· Qualified housing units must be located within the City of Fontana · Targeted homes will be those units where children less than 6 years old are at greatest risk City of Fontana Page 1 of 2 Printed on 11/8/2023
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File #: 21-2582 Agenda Date: 11/14/2023
Agenda #: E. Category: Consent Calendar
(pre-1960)
· Targeted outreach and education about lead hazard control and lead poisoning prevention · Owner-Occupied units must have a combined household income of not more than 80% of median income (“lower” income), adjusted for family size. · For Rental housing units, 50% of the units of the property must be occupied or made available to families with at or below 50% of median income (very low income), adjusted for family size.

Remaining units must be occupied by families at or below 80% of median income. · Lead-based Paint identification, remediation, and reconstruction · Assistance will be provided in the form of a grant.
· Program Administration
FISCAL IMPACT:

Expenditure and revenue budgets in the amount of $4.4 million of Lead Hazard Reduction Grant Program funds were already included in the FY2023-24 budget First quarter adjustments. Funds were appropriated in Project 30200022, Fund 301.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2592 Agenda Date: 11/14/2023
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of Street, Storm Drain, and Sewer Improvements on Lytle Creek Road for Tract No. 20018
RECOMMENDATION:

1. Accept as complete the street, storm drain, and sewer improvements on Lytle Creek Road for Tract No. 20018 located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2023-103, accepting sewer in Lytle Creek Road for Tract No. 20018 as part of the City sewer system.

COUNCIL GOALS:
· To invest in the city’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

Fontana 37, LLC constructed street, storm drain and sewer improvements on Lytle Creek Road, a street that provides access to Tract No. 20018. The subdivision is located on the east side of Lytle Creek Road, north of Summit Avenue.

The street, storm drain, and sewer improvements on Lytle Creek Road are now complete and acceptance by the City Council is required pursuant to Fontana Municipal Code, Section 26-184(b).

Tract No. 20018 is a private community and the internal improvements are not a part of this action.

The street, storm drain, and sewer improvements have been completed to the satisfaction of the Department of Engineering. By accepting the improvements as complete, the City will be taking over the maintenance of these improvements.

This action will also authorize the release of the Faithful Performance Bond, which was posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six (6) months and the Warranty Bond after twelve (12) months, less the total of any claims received by this date. The street, storm drain, and sewer improvements have met all Conditions of Approval and the improvements were inspected by the Department of Engineering.

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File #: 21-2592 Agenda Date: 11/14/2023
Agenda #: F. Category: Consent Calendar
Tract Map No. Bond No._ Bond Amount_ Bond Type_
20018 024247182 $883,887.00 Faithful Performance
20018 024247182 $883,887.00 Labor and Materials
20018 024247182 $176,777.40 Warranty
FISCAL IMPACT:

As part of the action to accept as complete the street, storm drain, and sewer improvements on Lytle Creek Road for Tract No. 20018, these improvements will be deemed complete and the City will take over operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the 2023-24 revised budget in the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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Revised 12/1/2016 – GM/RG

STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A"**
SHEET 1
DATE: _____________________
DEVELOPER PROJECT NAME__________________
ENGINEER TRACT MAP NO._________________
PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 5.00 _
ACCESS RAMP EA 2500.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 90.00 _
*A.C.OVERLAY(1"MI.THICKNESS) S.F. .80 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
==== NAME SIGNS
ELPC20-00034 APPROVED
Permit No.:ELPC20-000034
By: Gabriel Guerrero
Date: 09/29/2020 DEPARTMENT OF ENGINEERING
181
Revised 12/1/2016 – GM/RG
SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 200.00 ________
* 36" RCP L.F. 220.00 ________
* 42” RCP ________ L.F. 240.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4,500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCE CONCRETE PIPE

SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 60.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
XXX SDR-35
XXX SDR-35
XXXXX 40.00
XXXXXX 75.00
XXXXXXX 18" CMP
XXXXXX 7' W X 3'H RCB XXXXX $2,800 XXX RCB TRANS. STRUCT. XXXXXXXXX11,500 XXXXXXXREINF. LINER XXXXXX150.00 XXXXXXXXXXXXXXXXXXXXX XXXXXXXXXTYPE A CLOSURE XXXXXXXX 550.00 182
Revised 12/1/2016 – GM/RG
SHEET 3

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50K _
TWO CORNERS L.S. 100K _
TRAFFIC SIGNAL NEW L.S. 250K _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________
___________________ ________ EA ________ ________
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________
"STOP"
183
Revised 12/1/2016 – GM/RG
SHEET 4
SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________ IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________ IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________
BONDING TOTAL........___________________
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
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185
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1 of 2
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ACCEPTING THE SEWER IN LYTLE CREEK ROAD FOR TRACT NO.
20018 AS PART OF THE CITY’S SEWER SYSTEM.

WHEREAS, Section 23-388 of the Code of the City of Fontana provides that each addition to or extension of the sewer systems shall be accepted by Resolution of the City Council; and
WHEREAS, the Resolution of Acceptance shall contain the terms of any special consideration which shall apply to the sewer so accepted; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana, California hereby accepts as a part of the City’s sewer system the sewer main and lateral constructed within and part of Lytle Creek Road for Tract No. 20018 located on the east side of Lytle Creek Road, north of Summit Avenue. No special consideration shall apply to any lots in Tract No. 20018.

APPROVED AND ADOPTED this 14th day of November, 2023.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 14 th day of November,
2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
206
Resolution No. 2023-____
2 of 2
ATTEST:

City Clerk
207
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2595 Agenda Date: 11/14/2023
Agenda #: G. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Contract for the Cypress Center and Knopf Center Tenant Improvements Project.

RECOMMENDATION:

Award bid (PW-24-20-PW) and authorize the City Manager to execute a contract with Fidelity Builders of Glendale, CA in the amount of $427,092.00 and authorize a 10% contingency in the amount of $42,709.00.

COUNCIL GOALS:
· 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 creating and promoting community through people, parks, and programs.

DISCUSSION:

The Cypress-Knopf Center is utilized by Fontana residents year-round. The center offers toddler programming, community events, and special event rentals. The interior of both facilities is outdated and in need of some enhancements. With funding provided by San Bernardino County’s American Rescue Plan Act, the bidding process for the Cypress Center and Knopf Centers Tenant Improvement Project bid (PW-24-20-SB) was conducted by City staff in September 2023. Two hundred thirty (230) bidders were notified of the bid. Bid packets were downloaded by forty-two (42) vendors. Seven (7) Fontana vendors were notified. No Fontana vendors’ responses were received.

The bid closed on Tuesday, September 26, 2023, and the City received a total of seven (7) bids.

After reviewing each individual company that provided a bid for the project, the Purchasing Office has recommended that the contract be awarded to Fidelity Builders in the amount of $427,092.00 with a 10% contingency in the amount of $42,709.00. Fidelity Builders submitted all the necessary documents and therefore is the most responsible and responsive bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $469,801.00 including contingencies.

The City received American Rescue Plan Act funds from San Bernardino County which are budgeted in the current FY 2023/2024 Budget in Project Account No. 37300003-304-B-8313, 37300003-304-C8313, 37300003-304-D-8313, 37300003-304-E-8313, 37300003-304-F-8313, and 37300003-304-G8313.

City of Fontana Page 1 of 2 Printed on 11/8/2023
powered by Legistar™208
File #: 21-2595 Agenda Date: 11/14/2023
Agenda #: G. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 11/8/2023
powered by Legistar™209
Bid Results
Cypress Center & Knopf Center
Tenant Improvement Project
PW-24-20-SB
Fidelity Builders $427,092.00
Glendale, CA
R Dependable Construction, Inc. $435,570.00
San Bernardino, CA
Preferred General Services $450,355.00
Apple Valley, CA
Guthrie General of California, Inc. $562,650.00
Newport Beach, CA
At Your Service Construction $635,000.00
Tarzana, CA
TJ Construction & Remodeling $780,240.00
Colton, CA
210
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
211
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
212
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
213
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
214
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
215
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
216
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
217
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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218
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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219
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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220
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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221
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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222
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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223
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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224
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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225
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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226
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
227
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
228
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
229
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
230
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
231
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
232
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
233
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
234
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
235
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
236
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
237
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
238
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
239
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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240
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
241
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
242
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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243
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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244
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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245
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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246
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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247
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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248
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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249
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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250
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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251
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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252
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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253
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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254
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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255
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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256
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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257
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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258
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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259
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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260
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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261
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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262
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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263
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
264
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
265
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
266
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
267
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
268
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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269
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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270
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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271
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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272
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
273
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
274
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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275
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
276
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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277
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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278
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
279
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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280
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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281
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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PlanetBids
282
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
283
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

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284
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
285
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
286
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
287
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
288
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
289
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/17/2023
PlanetBids
290
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/04/2023
PlanetBids
291
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/04/2023
PlanetBids
292
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/04/2023
PlanetBids
293
City of Fontana
Cypress Center & Knopf Center Tenant Improvements Project (PW-24-20-SB), bidding on 09/26/2023 2:00 PM (PDT)

Printed 10/04/2023
PlanetBids
294
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2596 Agenda Date: 11/14/2023
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Cherry at South Highland Interim Traffic Signal Project RECOMMENDATION:

Accept as complete the work performed by Elecnor Belco Electric for the construction of the Cherry at South Highland Interim Traffic Signal Project (Project # 37600030) and approve the final construction amount of $290,433.01 (SB-110-DE-23).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

On April 25, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (Elecnor Belco Electric Inc.) in the amount of $278,589.00 with a 10% contingency in the amount of $27,858.90 for the Cherry at South Highland Interim Traffic Signal Project (# 37600030). This traffic signal is a component of a comprehensive transportation improvement and traffic management program. Implementation of the signal at this intersection will enhance the flow of traffic for all roadway users.

On October 26, 2023, the City conducted the final inspection and determined that the project was ready for acceptance. The project was successfully completed for the final contract amount of $290,433.01, an increase of 4.25% from the original contract amount of $278,589.00 and $16,014.89 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept as complete the traffic signal on Cherry Avenue and South Highland Avenue, these improvements will be deemed complete and the City will take over operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the 2023-24 revised budget in the Public Works and Engineering Department, Traffic Division.

MOTION:

City of Fontana Page 1 of 2 Printed on 11/8/2023
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File #: 21-2596 Agenda Date: 11/14/2023
Agenda #: H. Category: Consent Calendar
Approve staff recommendation.

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N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

SOUTH HIGHLAND AVENUE AND CHERRY AVENUE

INTERIM TRAFFIC SIGNAL PROJECT
BID NO. SB-110-DE-23
297
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2607 Agenda Date: 11/14/2023
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Joint Use Agreement with Southern California Edison Company.

RECOMMENDATION:

1. Approve and authorize the City Manager to execute the Joint Use Agreement with Southern California Edison Company.

COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

On February 1, 2022, the Fontana Planning Commission approved MCN No. 21-097 for the construction of a 229,019-square foot warehouse building located on the north side of Jurupa Avenue between Mulberry Avenue and Calabash Avenue. To adhere to the conditions of approval, the developer has dedicated public right-of-way to the City for the widening of Jurupa Avenue to the width required by the General Plan and Southwest Industrial Park Specific Plan and will relocate the electrical facilities to be outside the roadway at no cost to the City.

As part of the widening and road dedication process, two privately owned Southern California Edison Company (SCE) easements for electrical facilities adjacent to Jurupa Avenue approximately 300 & 600 feet east of Mulberry Avenue became part of the public right of way. As a result, SCE requested that the City of Fontana enter into a Joint Use Agreement to maintain their existing prior rights for the electrical facilities in their new location. If the City desires in the future to widen Jurupa Avenue further, the City will agree to reimburse SCE for any costs incurred for the relocation of the electrical facilities within the joint use area only as specified in the Joint Use Agreement (Serial No. 73469A, V&LM File No. JUA204239558).

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff’s recommendation.

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RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
V&LM File No.: JUA204239558
Serial No.: 73469A
Affects SCE Doc. 475649 and 475650
Service Order: 802306515

JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of __________________, 20__, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF FONTANA, a California municipal corporation of the State of California, hereinafter called "City",
W I T N E S S E T H:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

Those certain Grant of Easements both recorded August 11, 2003, as Instrument No. 2003- 0593740 and 2003-0593741 of Official Records, in the Office of the San Bernardino County Recorder, hereinafter referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Jurupa Avenue, in said City of Fontana, County of San Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and
WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A".

Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of City Index No. 6248
Sheet ___ of _ 1 8_ 299
Joint Use Agreement
Between S. C. E., a corp. and
City of Fontana
Serial No.: 73469A
V&LM File No.: JUA204239558
Affects SCE. Doc No.: 475649 and 475650
-2-
way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic.

In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation.

City shall not reimburse Company for any loss caused by Company's own fault or negligence.

Company agrees to save harmless and indemnify City, its successors and assigns and its and their officers, agents and employees (collectively, City’s Related Parties”), from and against all claims, demands, loss, damage, actions, causes of action, expense and/or liability (excepting consequential damages) (collectively, “Claims”), actually incurred by City and/or City’s Related Parties and which are directly caused by Company’s exercise of the rights granted pursuant to this Agreement, except to the extent that such Claims (i) arise prior to the Effective Date of this Agreement (this “Agreement”), or (ii) are attributable to the degree of the negligence or willful misconduct, error or omission of City or City’s Related Parties.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location City Index No. 6248
Sheet ___ of _ 2 8_ 300
Joint Use Agreement
Between S. C. E., a corp. and
City of Fontana
Serial No.: 73469A
V&LM File No.: JUA204239558
Affects SCE. Doc No.: 475649 and 475650
-3-
in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By: __________________________________
Monica Contreras
Real Estates & Facilities Advisor
Land Management – Eastern Region
Vegetation & Land Management

CITY OF FONTANA,
a California municipal corporation
By:

Name:

Title:

Attest:

Name:

Title:

City Index No. 6248
Sheet ___ of _ 3 8_ 301
Joint Use Agreement
Between S. C. E., a corp. and
City of Fontana
Serial No.: 73469A
V&LM File No.: JUA204239558
Affects SCE. Doc No.: 475649 and 475650
-4-
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, , a Notary Public, 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 _______________________________
City Index No. 6248
Sheet ___ of _ 4 8_ 302
Joint Use Agreement
Between S. C. E., a corp. and
City of Fontana
Serial No.: 73469A
V&LM File No.: JUA204239558
Affects SCE. Doc No.: 475649 and 475650
-5-
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, , a Notary Public, 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 _______________________________
City Index No. 6248
Sheet ___ of _ 5 8_ 303
Joint Use Agreement
Between S. C. E., a corp. and
City of Fontana
Serial No.: 73469A
V&LM File No.: JUA204239558
Affects SCE. Doc No.: 475649 and 475650
-6-
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, , a Notary Public, 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 _______________________________
City Index No. 6248
Sheet ___ of _ 6 8_ 304
2 City Index No. 6248
Sheet ___ of _ 7 8_
305
City Index No. 6248
Sheet ___ of _ 8 8_
306
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2610 Agenda Date: 11/14/2023
Agenda #: J. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

A Wastewater Agreement with the City of Rialto and Orangewood Mobile Home Park Asset Partners, LLP for the property located at 8787 Locust Avenue, Fontana, CA. APN 0246-191-30 RECOMMENDATION:

1. Approve an Extraterritorial Wastewater Service Agreement with the City of Rialto and Orangewood Mobile Home Park Asset Partners, LLP for the property located at 8787 Locust Avenue, Fontana CA. APN 0246-191-30

2. Authorize the City Manager to execute all documents.

COUNCIL GOALS:
· Work cooperatively with neighboring jurisdictions.

DISCUSSION:

The Orangewood Mobile Home Park is an existing 136-unit mobile home park in the City of Fontana (8787 Locust Ave) that abuts the City of Rialto on Maple Ave. The park is currently being served by septic systems and the park owners are proposing to connect to a local sewer system.

The park owner and their consultant are requesting to connect to the Rialto’s sewer system. Their goal is to convert their septic system to an active sewer system without having to construct, own, and operate a sewer lift station. Their initial investigations showed that in order to connect to the Fontana’s sewer system it would require a sewer lift station and substantial amount of sewer lines.

By connecting to the Rialto’s sewer system to the east of their property, it would allow for a gravity fed system.

Discussions between Rialto, Fontana, IEUA and Orangewood Mobile Home Park have concluded that the best alternative is to connect to Rialto’s sewer system.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

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RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City of Fontana
City Clerk’s Office
8353 Sierra Ave
Fontana, CA 92335 THE AREA ABOVE IS RESERVED FOR RECORDER’S USE Assessor’s Parcel Number 0246-191-30-0000

WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF

RIALTO, THE CITY OF FONTANA, AND ORANGEWOOD MHP ASSET
PARTNERS, L.P.

This WASTEWATER SERVICE AGREEMENT (“Agreement”) is made and entered into this day of 2023, between City of Fontana, a California municipal corporation (“Fontana”); the City of Rialto, a California municipal corporation (“City”); and Orangewood MHP Asset Partners, L.P. (“Owner”) (each a “Party” and collectively the “Parties”).

RECITALS
WHEREAS, City, through its concessionaire Rialto Water Services, and sewer system operator Veolia, provides wastewater conveyance, treatment, and disposal services for wastewater (“Sewer Services”) to properties within City’s jurisdiction, the area adjacent to City’s jurisdiction, and spheres of influence, and has adequate pipelines, facilities, and infrastructure for said Sewer Services; and WHEREAS, Fontana has requested City to provide Sewer Services to a certain property located adjacent to the City’s jurisdiction, but outside of City’s existing corporate boundaries, and which is owned in fee by Owner, Assessor’s Parcel Numbers 0246-191- 30-0000, located at 8787 Locust Avenue, Fontana, CA (the “Property”) as legally described in Exhibit “A” and shown on Exhibit “B,” attached hereto and made a part hereof; and
WHEREAS, other wastewater collection systems are unavailable, and Fontana and Owner desire to connect the Property to City’s wastewater collection system to obtain Sewer Services in furtherance of the general health safety and welfare; and WHEREAS, City owns and operates wastewater collection mains and any other related and/or additional facilities used for the conveyance, treatment or disposal of 309
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wastewater originating in City and areas located outside the corporate boundaries of City approved by City for extraterritorial wastewater service (the “Service Area”), and any extensions, expansions, or replacements of any of the above being hereinafter referred to as the “City’s Disposal System”; and
WHEREAS, City has defined and established by City Council Resolutions (including, but not limited to, Resolution No. 4746, 6119, 6209, and 7266 as they may be amended or supplemented), administrative guidelines (including, but not limited to the 2015 Standard Drawings as they may be amended or supplemented), and the City of Rialto Municipal Code (including, but not limited to, Title 12 as it may be amended or supplemented) (collectively “Sewer Regulations”) a policy and administrative guidelines to provide Sewer Services outside of City’s corporate boundaries, and has agreed to provide Sewer Services to the Property through City’s Disposal System on the terms and conditions contained herein; and
WHEREAS, California Government Code Section 56375(p) permits a city to provide new or extended services by agreement outside its jurisdictional boundaries only if the city first requests and receives approval from the Local Agency Formation Commission for San Bernardino County (“LAFCO”); and
WHEREAS, City, Fontana, and Owner desire to memorialize their arrangement for City’s provision of Sewer Services to the Property, for the benefit of Fontana and Owner through this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and subject to the terms and conditions contained herein, the Parties hereto hereby agree as follows:

ARTICLE I. CONDITION PRECEDENT
Section 1.01 Recitals Incorporated. The recitals set forth above are true and correct and are hereby incorporated into and made a part of this Agreement.

Section 1.02 Condition Precedent. The effectiveness of this Agreement is expressly conditioned upon approval by LAFCO authorizing City to provide new or extended Sewer Services to the Property. The Effective Date of this Agreement shall be the date of such approval by LAFCO.

ARTICLE II. RIGHTS AND OBLIGATIONS
Section 2.01 Delivery and Receipt of Wastewater. At all times, except as may be restricted by unforeseen emergencies, Fontana and Owner shall have the right to deliver to the City’s Disposal System normal strength domestic wastewater from the Property (“Service Area Wastewater”), and City shall have the obligation to receive all such wastewater into City’s Disposal System and to convey, treat and dispose of such wastewater.
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Section 2.02 Disposal of Service Area Wastewater; Ownership and Reclamation of Effluent. The cost of constructing, expanding, extending, maintaining and operating City’s Disposal System and of conveying, treating and disposing of the Service Area wastewater (including without limitation any effluent of by-product thereof) after delivery of such Service Area Wastewater to City’s Disposal System shall be the responsibility solely of City, and Fontana and Owner shall have no responsibility, and shall not be liable to City or any third party, for any costs or other expenses incurred by City in connection with or related thereto, other than design and construction costs to connect the Property to City’s Disposal System set forth in Section 2.05 and payment of the Wastewater User Fees set forth in Article III, provided Fontana and Owner comply with all aspects of the Sewer Regulations, incorporated herein by reference, as they relate to wastewater discharge applicable to the Property.

Section 2.03 Ownership of Service Area Wastewater. It is the intention and agreement of the Parties that City shall have total ownership and control of all Service Area Wastewater delivered to City’s Disposal System. Fontana and Owner warrant that Fontana and Owner shall comply with all aspects of the Sewer Regulations.

Section 2.04 Connection Points. Fontana and Owner are authorized one (1) connection point to City’s Disposal System. Such connection point shall be located at a point mutually acceptable to Fontana and City’s City Engineer. Construction of laterals and connection points shall be in conformance with the specifications and details set forth in the Sewer Regulations, as may apply.

Section 2.05 Design and Construction of Connection Points. Fontana and Owner agree, at their sole expense and without reimbursement from City, to design and construct the sewer lines, laterals and connection points needed for the Property to connect to City’s Disposal System. The Parties also agree the design and construction necessary to connect to City’s Disposal System is subject to the appropriate City approvals, including but not limited to plan check(s), inspections, and issuance of an encroachment permit.

Section 2.06 Inspection. City shall have the right to inspect and examine sewer lines, laterals, connection points and any other facilities related to the connection to City’s Disposal System upon 24 hours’ notice to Fontana (if inspection is to occur within City of Fontana right-of-way) or Owner (if inspection is to occur on the Property), including during construction and operation of any portion of the Sewer System within the Service Area.

Section 2.07 Maintenance and Repairs. Maintenance, repairs, and replacement of the laterals including the connection point within the City of Fontana right-of-way or on the Property shall be the responsibility solely of Fontana or Owner, respectively. All other construction work, maintenance and repairs shall be performed under permit from, and inspected and approved by, City. Should Fontana or Owner fail to operate, maintain, repair, and replace the lateral including the connection point as needed for proper operation of City’s Disposal System and in accordance with the Sewer Regulations, City 311
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shall have the right, but not the obligation, to stop providing Sewer Services for the Property. Prior to City stopping Sewer Services for the Property, City shall provide Fontana and Owner with written notice of the failure to properly operate, maintain, repair, or replace the lateral and/or connection point, and provide Fontana and Owner with not less than thirty (30) days to cure the issue. If, after the notice period expires, Fontana or Owner have failed to cure the issue, City may stop providing Sewer Services for the Property.

ARTICLE III. WASTEWATER USER FEES
Section 3.01 Initial Special Service Availability Payment. In consideration of City’s agreements contained herein, Owner shall, prior to or in conjunction with the issuance of a permit to connect the Property to City’s Disposal System, pay to City a service connection fee for treatment, collections, and related fees in the amount of $469,774.07 in accordance with the adopted fee schedule, Resolution 6069 attached hereto as Exhibit “C”, approved by the Rialto City Council/Rialto Utility Authority on December 27, 2011. Any and all additional fees related to plan check(s), inspections or other matters not set forth in this Agreement shall be the responsibility of Owner.

Section 3.02 Monthly Wastewater User Fees. Prior to or in conjunction with the issuance of a permit to connect the Property to City’s Disposal System, Owner shall pay to City for the provision of Sewer Services a wastewater fee calculated at a rate equal to one point three (1.3) times the rate then charged by City to properties located within the incorporated boundaries of the City of Rialto, in accordance with the rates established pursuant to Chapter 12.08.200 of the Rialto Municipal Code, as it be amended from time to time in accordance with the Sewer Regulations and California Proposition 218.

Section 3.03 Delinquent Sewer Service Fees. Owner shall pay to City delinquent fees as established in the Sewer Regulations. Any sewer charges that are unpaid by the specified due date shall be a debt in favor of City, and City may use any legal means to collect any delinquent sewer charges, including, but not limited to, placing liens on the Property or portion of the Property owned by the delinquent payer, and collecting such delinquent fees, penalties, and interest due and owning on the property tax roll.

ARTICLE IV. MONITORING OF SERVICE AREA WASTEWATER
Section 4.01Pre-Treatment Program; Quality Specifications and Standards.

Pretreatment of wastewater from the Service Area may not be required under this Agreement, provided Fontana and Owner comply with all aspects of the Sewer Regulations. City shall have the right to monitor or restrict the discharge of wastewater to City’s Disposal System if City reasonably suspects or discovers Fontana or Owner has discharged prohibited substances, as described in the Sewer Regulations, into City’s Collection System. City may, at its option, allow discharge to resume with Owner or Fontana’s installation, and proper maintenance, of an approved pretreatment device or system.
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ARTICLE V. TERM
Section 5.01 Effective Date; Term. This Agreement shall become effective as first written above in Section 1.02. The Agreement shall continue in perpetuity, or until terminated pursuant to Section 5.02.

Section 5.02 Termination.

5.02.01 For Cause. Any Party may terminate this Agreement upon a breach of the terms and provisions of this Agreement. The non-breaching Party shall provide the breaching Party thirty (30) days prior written notice, and an opportunity to cure the breach, prior to terminating the Agreement.

5.02.02 For Convenience. Fontana and Owner may mutually agree to terminate this Agreement, without cause, upon thirty (30) days’ written notice to City.

Fontana and Owner shall be responsible for any and all outstanding fees owned to City prior to the date of termination.

ARTICLE VI. MISCELLANEOUS
Section 6.01 Indemnification. Fontana, solely with respect to obligations placed solely upon Fontana under this Agreement, and Owner, solely with respect to obligations placed solely upon Owner under this Agreement, hereby agree to indemnify, defend, save, and hold harmless City, and its officers, agents, and employees, from and against all liability, claims, damages, losses and expense of any nature whatsoever, including but not limited to bodily injury, death, personal injury, property damages and attorney’s fees, arising directly or indirectly from any acts or omissions of Fontana or Owner, respectively, or their officers, agents or employees, in connection with this Agreement.

Section 6.02 Successors and Assigns, Recordation of Agreement. This Agreement shall be recorded against the Property in the Office of the San Bernardino County Recorder. The rights, duties, benefits, burdens, and obligations contained herein are appurtenant to and shall run with the land (i.e. the Property). The terms of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of the Parties hereto. Any change of the property’s existing use requires consent of the City, Fontana, and Owner of which consent shall not be unreasonably withheld.

Section 6.03 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; emailed; sent by pre-paid First Class U.S. Mail, registered or certified, postage prepaid, return receipt requested; and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by email. Other forms of electronic transmission 313
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such as text messages and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

If to City: City of Rialto
150 South Palm Avenue
Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2528
Fax: (909) 820-2527
Email: [email protected]
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507-2479
Attn: Eric Vail, City Attorney
Tel: (951) 788-0100
Email: [email protected]
If to Fontana: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Tel: (909) 350-7640
Email: _____________
With copy to: Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attn: Ruben Duran, City Attorney
Tel: (909) 989-8584
Email: ruben.duran@bbklaw
If to Owner: Orangewood MHP Asset Partners, L.P.
c/o Laguna Asset Management, Inc.

P.O. Box 2308
Laguna Hills, CA 92654
Attn: Ralph Beatty
Tel: (949) 481-0909 x150
Email: [email protected]
Any Party may change its address by notifying the other Parties of the change of address in writing.

Section 6.04 Costs and Expense of Enforcement. Should litigation be necessary to enforce any term or provision of this Agreement, the prevailing Party shall be entitled to collect all litigation costs and attorney’s fees incurred by the prevailing Party. 314
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Section 6.05 Amendment. No amendment or waiver of any provisions of this Agreement or consent to any departure from its terms shall be effective unless the same shall be in writing and signed by the parties hereto.

Section 6.06 Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity of the remainder hereof.

Section 6.07 Execution in Counterparts. This Agreement may be executed in counterparts, all of which taken together shall constitute an original hereof.

Section 6.08 Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.

Section 6.09 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action must be brought in a court of competent jurisdiction in San Bernardino County.

ARTICLE VII. INDEMNIFICATION OF FONTANA BY OWNER
Section 7.01 Owner’s Obligations to Fontana. Notwithstanding any provision in this Agreement to the contrary, Owner shall pay all costs, and have the responsibility to make all payments to City, which costs, and payments are described in Articles II and III of this Agreement. Owner shall indemnify and hold harmless Fontana for any delinquency and failure by Owner to meet its obligations hereunder.

Section 7.02 Owner’s Additional and General Indemnification of Fontana.

Notwithstanding any provision in this Agreement to the contrary, Owner shall indemnify, defend and hold harmless Fontana from and against any liability resulting from any and all acts, omissions and failure of Owner to undertake and satisfactorily complete all of Owner’s obligations under this Agreement.
[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, City and Fontana have caused this Agreement to be executed the day and year first above written.

CITY:

CITY OF RIALTO,
a Municipal Corporation
By:

Henry Garcia, Acting City Manager
ATTEST:

By:

Barbara A. McGee, City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP
By:

Eric Vail, City Attorney
FONTANA:

City of Fontana
By:
, City Manager
OWNER:

Orangewood MHP Asset Partners, L.P.
c/o Laguna Asset Partners, Inc.

Its: General Partner
By: _________________________
Ralph Beaty, President
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EXHIBIT “A”

LEGAL DESCRIPTION
S T L AND W CO S B L LOT 452 EX HGWY 17.70 AC M/L
317
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EXHIBIT “B”
Property located at 8787 Locust Avenue, Fontana, CA
Assessor’s Parcel Number 0246-191-30-0000
318
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319
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EXHIBIT “C”
320

VACINITY MAP

EXISTING SEWER MAP
321
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2611 Agenda Date: 11/14/2023
Agenda #: K. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Co-Sponsorship Application Cycle (2) 2023/2024
RECOMMENDATION:

Review and approve (10) Co-Sponsorship recommendations for the second half of 2023/2024 fiscal year (January 2024 through June 2024) totaling an amount of $26,740.00 as recommended by Parks, Community, and Human Services Commission.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.

DISCUSSION:

Current Co-Sponsorship procedure, as approved by the Parks, Community and Human Services Commission and City Council, requires organizations to submit all Co-Sponsorship requests for activities taking place during the next fiscal year be submitted between February 1-February 28 (cycle one) or between September 1-September 30 (cycle two).

All organizations in consideration for Co-Sponsorship must meet all Co-Sponsorship criteria (Attachment A - Co-Sponsorship Policy) which includes proof of non-profit status (501 c3) or proof that the event is not for profit. Organization must be based in the incorporated boundaries of the City of Fontana. Event must benefit and be open to Fontana residents and organization must adhere to Co-Sponsorship tier rating. A brief description of individual applications is provided (Attachment B - Co-Sponsorship Application Descriptions).

Ten (10) eligible applications were received during the September 2023 requested period, seven (7) requesting assistance with community events and three (3) facility use requests. (Attachment C - organizations applying for Co-Sponsorship and Attachment D - Co-Sponsorship in-kind cost breakdown).

Tier Levels:

Tier One:

Organization provides minimum of eight percent (80%) of program resources and funding.

Tier Two:

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Organization provides minimum of seventy percent (70%) of program resources and funding.

Tier Three:

Organization provides minimum of fifty percent (50%) of program resources and funding.

Although all organizations requesting funding must provide a minimum of fifty percent (50%) of program funding, tier funding levels are not applicable to organization requesting the use of facilities during regular center hours.

Funding for Co-Sponsorships in the amount of $37,500 is approved by the City Council in the 2023/2024 fiscal year budget. Requested funding during the February application period totaled $24,572.00, which provides a balance of funding allocation of $12,928.00 for the remainder of FY 2023/2024 operating budget. The combined ten (10) applications submitted during the September filing period total $26,740.00. Approval of all ten (10) submitted applications would leave an outstanding balance of -$13,812.

The Parks, Community and Human Services Commission (Commission) reviewed and discussed 10 individual Co-Sponsorship applications at the October 26, 2023 Regular Meeting. The Commission recommended that all Co-Sponsorship requests be forwarded to City Council for review and consideration with the exception of a request by Uplifting Youth Foundation for a Community Business Marketplace Cocktail Reception.

After review of the applications, the Commission had consensus to recommend nine (9) events for full funding of in-kind services and (1) event with altered funding.

Approved Applications
Below are the recommended applications that were approved:

Group Event In-Kind Request Commission
Recommended
Funding
Ephesians New
Testament Church
MLK Cultural
Awareness
Celebration
$1,188.00 $1,188.00
New Life Church of
Fontana
The Other Side Play $2,436.00 $2,436.00
Concerned Citizens
for the Development
of North Fontana
Black History Parade
& Expo
$6,944.00 $6,944.00
Uplifting Youth
Foundation
Community Business
Marketplace
$1,500.00 $320.00
Fontana Foundation
of Hope
Ronald McDonald
Walk for Kids
$10,768.00 $10,768.00
Working Dogs for
Warriors
Walk for Warriors
Ruck March
$3,408.00 $3,408.00
Calvary Chapel
Fontana
Love Fontana $1,676.00 $1,676.00
Rotary Club Rotary Club
Meetings
Facility use only Facility use only
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FoundationMarketplace
Fontana Foundation
of Hope
Ronald McDonald
Walk for Kids
$10,768.00 $10,768.00
Working Dogs for
Warriors
Walk for Warriors
Ruck March
$3,408.00 $3,408.00
Calvary Chapel
Fontana
Love Fontana $1,676.00 $1,676.00
Rotary Club Rotary Club
Meetings
Facility use only Facility use only
Girl Scouts Troop
203
Troop 203 Meetings Facility use only Facility use only
Chamber of
Commerce
Monthly Luncheons Facility use only Facility use only
FISCAL IMPACT:

Funding for Co-Sponsorships in the amount of $37,500 was approved by City Council in the FY 2023/2024 operating budget. Requested funding during the February application period totaled $24,572.00, which provides an available balance of funding allocation in the amount of $12,928.00.

The requested funding for the September filing period totals $26,740.00 of in-kind services, and in the event that the total actual amount exceeds the approved budget of $37,500, staff will return to Council for approval.

MOTION:

Approve Parks, Community, and Human Services Commission recommendation.

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Attachment A
New Section Distribution: All Employees
File in City Administrative Manual
City of Fontana

POLICY AND PROCEDURES
Subject: POLICY TITLE
Co-Sponsorship of Events
Page
1 of 5
Section
20-58
Effective Date
7-1-06
Issued Date
6-13-06
Resolution Number: Approval Date:

I. PURPOSE
To establish guidelines for the City co-sponsorship of Fontana based events and/or programs.

II. GENERAL POLICY
The City of Fontana allocates certain funds annually for the purposes of assisting non-profit Fontana-based organizations hosting community events. The City does not provide funds for these co-sponsored events, but in kind services. The City shall develop co-sponsorship criteria to prioritize and select co-sponsorship applicants on a biannual basis and to effectively distribute finite budgetary allocations based on classifications and ratings of applicants.

III. DEFINITION
City Co-sponsored Event means an event that is planned and conducted by a Fontana-based non-profit organization that meets the criteria for co-sponsorship and the City participates by contributing staff time, public safety services, equipment use, and/or the use of facilities.

IV. PROVISIONS

1. An organization may fall into the following categories within the co-sponsorship criteria:

A. Classification 1:

A group demonstrating a clear, broad based community benefit demonstrated through the application process.

B. Classification 2:

A group demonstrating a clear community benefit targeted toward a specific segment of the community demonstrating an identified need.

2. An organization may apply for co-sponsorship in one of the following three co-sponsorship tier ratings.

A. Tier #1
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Organization provides a minimum of eighty percent of program resources and funding.

B. Tier #2
Organization provides a minimum of seventy percent of program resources and funding.

C. Tier #3
Organization provides minimum of fifty percent of program resources and funding.

NOTE: An organization must provide a minimum of fifty percent of the program’s resources (i.e. funding, equipment, advertisement) to be eligible to apply for co-sponsorship with the City.

3. The tier rating is based on the total amount of resources the organization allocates to the event.

4. Co-sponsorship applications will be accepted February 1 through February 28 for cosponsorship of events taking place during the following July 1 through June 30 period. A second application review process will be offered for events that are identified after the February application deadline. The second round of applications will be accepted September 1 through September 30 for events taking place January 1 through June 30 of the same fiscal planning year.

5. The City will rate each application according to the established criteria and will provide cosponsorship support based upon the available funding resources.

6. Community Services Department staff will review all requests for co-sponsorship to ensure the organization meets the above criteria.

7. Requests for co-sponsorship will be classified by their overall benefit to the community and will be ranked by tier rating prior to being sent to the Parks and Recreation Commission and City Council for consideration.

8. Organizations will be funded based upon classification and priority of ranking until budgeted co-sponsorship funds have been fully allocated.

V. CO-SPONSORSHIP RATING CRITERIA
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1. The applicant’s event must be a benefit to the Fontana community. One or several of the following would qualify a proposed event for consideration by the Parks and Recreation Commission and staff for City co-sponsorship:

A. The event responds to an identified community need. (These are needs that have been either ratified or initiated by the City Council.)
B. The event enhances current department programming efforts. (A local organization is willing to fund and operate a current Special Event or organize an Adult Sports program that provides recreation opportunities to local residents.) C. The event provides a unique leisure or community service opportunity for either the community at large or for a targeted group. (A local group that wants to organize an event that the staff, Parks and Recreation Commission and/or City Council believes benefits the community.)
D. The event raises funding for either Community Services Department programs or for services that benefit either the community at large or for a targeted group.

2. Application must show proof of 501 (c) 3 non-profit status or group must demonstrate the event is not for profit.

3. Applicant must be based in the incorporated boundaries of the City of Fontana.

4. When applicable, the applicant must have a valid charitable solicitation permit on file with the Management Services Department.

5. Applicant’s event must be open to all Fontana residents.

6. The applicant must qualify within Tier #1, Tier #2, or Tier #3 based on overall resources allocated.

7. The applicant must complete and submit the Co-Sponsorship Application and budget form along with a Special Event Application to the Community Services Department during one of the two identified application filing periods.

VI. ASSESSMENT CRITERA
Assessment(s) will be conducted at the conclusion of the event/activity to determine how well the objectives of the event/activity were met. Total attendance, activities offered, and overall benefit to the community will be reported on. Assessments will be conducted by:

1. Self Assessment
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A self assessment form will be provided to the applicant for the purpose of reporting on the outcome of the event.

2. Parks and Recreation Commission Assessment
When possible, one or more Parks and Recreation Commissioners will attend events to observe and provide feedback to the entire Parks and Recreation Commission.

3. Community Services Department Assessment
When applicable, a Community Services Department employee will be assigned to attend the event and provide feedback to both the applicant and the Parks and Recreation Commission.

VII. PROCEDURES

1. Complete the Co-sponsorship of Event Application and budget form in addition to a Special Event Application.

2. Submit application in February or September of each year to:

Co-Sponsorship Events
Community Services Department
16860 Valencia Avenue
Fontana, CA 92335

3. Upon receipt of applications, Community Services Department staff will verify eligibility, determine classification and assign tier rating.

4. Staff liaison shall place the request for co-sponsorship on the Parks and Recreation Commission agenda for review and consideration.

5. Staff liaison shall notify the applicant request co-sponsorship of the date, time, and location of the Parks and Recreation Commission meeting at which the request will be considered.

6. The request for co-sponsorship will be reviewed and either approved or denied by the Parks and Recreation Commission and then by the City Council.

A. If the request is approved by the Parks and Recreation Commission, staff will forward the request to City Council for consideration as part of the annual Budget Adoption Process or Mid-year Review of Budget Allocations.
i. Organizations that receive approval must recognize support of the City of Fontana as a co-sponsorship of the event or activity. All publicity and marketing for the event or activity must include the approved City of Fontana logo. 328
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ii. If the request is approved by the City Council, the staff liaison will notify the applicant and appropriate departments in writing within seven days of the City Council’s action.

B. If the request is denied staff will notify the applicant in writing. i. Appeal process: In the event the request is denied, the applicant may appeal the Park and Recreation Commission’s decision in writing, care of the Community Services Director at 16860 Valencia Avenue, Fontana, CA 92335 within seven business days of decision.

7. If applying for use of a facility, a Request for Use of Facility must be completed in addition to the Co-sponsorship of Events Application and Special Event Application.

8. The Community Services Director, or designee, can approve a co-sponsorship request for use of a City facility if the requested date and time does not impact facility rentals and/or programs AND which do not exceed $5,000 cumulatively, annually.

9. An applicant approved for co-sponsorship of facility use from the City that does not provide (30) days notice of cancellation of said event to the City will be charged a Class 3 facility rental fee according to the Facility Rental Policy.

10. After the conclusion of the co-sponsored event or activity, the approved Post Event/Activity Assessment will be conducted to determine the benefit to the community.

Note: Parks & Community Services Commission meetings are held on the fourth Thursday of the month. The City Council meetings are held on the second and fourth Tuesday of the month. 329
*Events in RED are new events
2023/2024 Co-Sponsorship Descriptions Attachment B
Event Information Description 2022/2023 Evaluation
Ephesians New Testament Church 2023: event location changed to local church. Only MLK Cultural Awareness Jazz Concert
January 13, 2024 | 7pm-11pm
Steelworkers Auditorium
Estimated Attendance: 300
New Life Church of Fontana NEW EVENT
The Other Side Theatrical Performance
February 2024 - TBD
Steelworkers Auditorium
Estimated Attendance: 300
Concerned Citizens for N. Fontana 2023: cancelled due to weather Black History Parade and Expo
February 24, 2024 | 10am-4pm
Citrus Ave/Summit to Sierra Lakes Pkwy
Estimated Attendance: 500
Uplifting Youth Foundation 2023: attendance 125
Community Business Marketplace
April 6, 2024 | 10am-9pm
Jessie Turner Center
Estimated Attendance: 300
Fontana Foundation of Hope 2023: attendance 1,500
Ronald McDonald Walk for Kids
April 28, 2024 | 8am-12pm
Fontana Park
Estimated Attendance: 2,000
Working Dogs for Warriors NEW EVENT
Walk for Warriors Ruck March
May 11, 2024| 9am-1pm
Fontana Park
Estimated Attendance: 500
Calvary Chapel Fontana 2023: attendance 200
Love Fontana
June 8, 2024 l 5-8pm
Veterans Park
Estimated Attendance: 1,000
A theatrical performance focused on community
and inclusivity.
2 3
Well organized event that ran on schedule.
7 6
Parade celebrating Black History Month and ending
with an Expo held in Home Depot parking lot
Community outreach event to celebrate Fontana
through activities, music, and resources
Ruck March and vendor fair focused on fundraising
for community members, first responders and local
veterans
1 MLK Celebration featuring a Jazz Concert, with the
goal of providing scholarships to high school
students
Networking event for local business owners
Fundraising walk in support of the Inland Empire
Ronald McDonald House
4 5
Event operated outside of permitted space and
guidelines. Revised event for 2024 to include 2
separate event components: 9am-3pm Vendor Fair,
6pm-9pm reception with live band and bar.

Well organized event
330
*Events in RED are new events
2023/2024 Co-Sponsorship Descriptions Attachment B
Fontana Rotary NEW EVENT
Club meetings
Wednesday meetings | 12pm-1:30pm
Cypress Center
Estimated Attendance: 30
Girl Scouts Troop 203
Troop Meetings
tri-monthly meeting l 4pm-6pm
Jessie Turner Center
Estimated Attendance: 12
Fontana Chamber of Commerce NEW EVENT
Monthly luncheons
2nd Thursday each month l 11:30am-1pm
Jessie Turner Center
Estimated Attendance: 115
9 10 Monthly networking luncheon focused on
resources and information for local business
community
Troop meeting to promote learning environment
for girl scouts members
8 Club meeting for Rotary members
331
*Events in RED are new events
2023/2024 Co-Sponsorships
Organizations Applying for Event Co-Sponsorship
Attachment C
Item
#
Organization Event Event Budget Value of In-Kind
City Support Tier Level
1 Ephesians New
Testament Church Steelworkers Auditorium $42,000 $1,188 Tier 1 2 New Life Church Steelworkers Auditorium $6,100 $2,436 Tier 1 3 Concerned Citizens for
the Development of
North Fontana
Black History Parade and
Expo $9,150 $6,944 Tier 3
4 Uplifting Youth
Foundation
Community Business
Marketplace $2,000 $320 Tier 1
5 Fontana Foundation of
Hope
Ronald McDonald Walk for
Kids $28,000 $10,768 Tier 2
6 Working Dogs for
Warriors
Walk for Warriors Ruck
March $7,607 $3,408 Tier 3
7 Calvary Chapel Fontana Love Fontana $16,000 $1,676 Tier 1 8 Fontana Rotary Rotary Club Meetings
Every
Wednesday 12pm-1:30pm
Cypress
Neighborhood
Center
9 Girl Scouts Troop 203 Troop Meetings Tri-monthly 4pm-6pm Jessie Turner
Center
10 Chamber of Commerce Monthly luncheons
2nd Thursday of
each month 11:30am-1pm
Jessie Turner
Center
TOTAL: $26,740
Facility Reservation Only
332
*Events in RED are new events
2023/2024 Co-Sponsorship
Cost Breakdown
Attachment D
# Organization Events Date & Time Location Requested Support City Support January 13, 2024 Use of Steelworkers
7pm-11pm (1) Public Works (Facilities) $55p/h x 4hrs = $220 (2) AV Staff $24p/h x 2 x 6hrs = $288
(2) CSD Staff (Arts) $20p/h x 2 x 12hrs = $480
(2) CSD Staff (Events) $20p/h x 2 x 5hrs = $200
$1,188.00
February 2024 TBD Use of Steelworkers
(1) Public Works (Facilities) $55/h x 12hrs = $660
(2) AV Staff $24p/h x 2 x 12hrs = $576
(2) CSD Staff (Arts)
$20p/h x 2 x 18hrs rehersals = $720 +
$20p/h x 2 x 7 day of = $280 = $1,000
(2) CSD Staff (Events) $20p/h x 2 x 5hrs = $200
$2,436.00
February 24, 2024 Closure of Ralph M Lewis
10am-4pm (2) Public Works (Parks) $55p/h x 2 x 4hrs = $440 (6) Public Works (Streets) $55p/h x 6 x 4hrs = $1,320
(2) AV Staff $24p/h x 2 x 8hrs = $384
Fontana PD $90p/h x 8 x 6hrs = $4,320
(4) CSD Staff (Events) $20p/h x 4 x 6hrs = $480
$6,944.00
April 19, 2024 Use of Jessie Turner Center
10am-9pm (2) CSD Staff (Facilities) $20p/h x 2 x 15hrs 8hrs= $320 (2) Fontana PD (alcohol on site) $90p/h x 2 x 5hrs = $900 $320.00
April 28, 2024 Closure of Fontana Park
8am-12pm Fontana PD for traffic control $90p/h x 12 x 6hrs = $6,480 Public Works (Streets) $55/h x 4 x 6hrs = $1,320
Public Works (Parks) $55p/h x 4 x 4hrs = 880 + $55p/h x 2 x 12hrs = $1320 = $2,200
(4) CSD Staff (Events) $20p/h x 4 x 6hrs = $480
(2) AV Staff $24p/h x 2 x 6hrs = $288
$10,768.00
May 11, 2024 Closure of Fontana Park
9am-1pm (4) CSD Staff (Events) $20p/h x 4 x 6hrs = $480 Public Works (Streets) $55/h x 4 x 6hrs = $1,320
Public Works (Parks) $55/h x 4 x 6hrs = $1,320
(2) AV Staff $24/h x 2 x 6hrs = $288
$3,408.00
June 8, 2024 (6) Public Works (Parks) $55p/h x 6 x 4hrs = $1,320 5pm-8pm (2) AV Staff $24p/h x 2 x 4hrs = $196
(2) CSD Staff (Events) $20p/h x 2 x 4hrs = $160
$1,676.00
TOTAL: $26,740.00
Uplifting Youth Foundation Community Business
Marketplace
4 Jessie Turner Center
Ronald McDonald Fontana Park
Walk for Kids
5 Fontana Foundation of Hope
1 Ephesians New Testament Church MLK Cultural
Awareness Celebration
Steelworkers
Auditorium
3 Summit/Citrus Ave to
Sierra Lakes Pkwy
Black History Parade
and Expo
Concerned Citizens for the
Development of North Fontana
2 New Life Church of Fontana The Other Side Play Steelworkers Auditorium
Walk for Warriors Fontana Park
Ruck March
6 Working Dogs for Warriors
7 Calvary Chapel Fontana Love Fontana Veterans Park
333
*Events in RED are new events
2023/2024 Co-Sponsorship
Cost Breakdown
Attachment D
9 Girl Scouts Troop 203 Troop 203 meetings 3 times monthly Jessie Turner Center Use of meeting room for 12 participants $0
10 Chamber of Commerce Monthly luncheons 2nd Thursday each month
Jessie Turner Center Use of banquet room for 115
particpants $0
Facility Use ONLY
Use of meeting room for 15-30
participants
$0
8 Rotary Club Rotary Club Meetings Every Wednesday Cypress Neighborhood Center
334
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2612 Agenda Date: 11/14/2023
Agenda #: L. Category: Consent Calendar
FROM:

Code Compliance
SUBJECT:

Approve Resolution No. 2023-104, establishing an Impoundment Fee for Ordinance No. 1925 RECOMMENDATION:

Approve the Resolution that establishes a fee to recoup costs of impounding and storage of confiscated items from unlicensed street vendors
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

Ordinance No.1925 was adopted at the October 24, 2023, Regular City Council meeting. The ordinance added Municipal Code Section 15-829 to allow Impoundment Authorization relating to Sidewalk Vending. This resolution establishes an Impound Fee of $232.00 and shall be required from any Sidewalk Vendor who wishes to recover their impounded Item(s) (excluding any Items that were immediately disposed of because they were perishable or could not be safely stored).

The Impoundment fee is based on the hourly rate and the number of Code Compliance Officers (three) that will be involved with the confiscating and properly storing/logging of all equipment and items.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is unknown at this time but would result in the City establishing a fee to recover costs associated with the impounding of unlicensed street vendor equipment. The amount of fee revenue received would solely depend on the number of street vendors cited for unlicensed street vending.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA, COUNTY OF SAN BERNARDINO,

CALIFORNIA, ADOPTING AN IMPOUND FEE TO HELP
PROTECT THE CITY’S COMMUNITY BY MORE

EFFECTIVELY REGULATING SALE OF FOOD, GOODS,

AND MERCHANDISE CREATING A HEALTH AND

SAFETY DANGER
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Fontana (“City”) to adopt and enforce local police, sanitary, and other ordinances, resolutions, and regulations that are not in conflict with the general laws.

WHEREAS, Senate Bill number 946, including Government Code section 51038, authorizes the City to adopt ordinances or resolutions to regulate sidewalk vending to help protect public health and safety.

WHEREAS, The City has previously adopted Fontana Municipal Code (“FMC”) chapter 15, article XVII [Sidewalk Vending] to regulate sidewalk vending within the City.

WHEREAS, On October 24, 2023, the City adopted an ordinance adding FMC section 15- 829 [Impoundment] to help protect the City’s community by more effectively regulating sale of food, goods, and merchandise creating a health and safety danger.

WHEREAS, FMC section 15-829 authorizes the imposition of impound fees reflecting the City's personnel, enforcement, investigation, storage, disposal, and impound costs.

WHEREAS, FMC section 15-829(i) provides that the amount of impound fees may be adopted by resolution of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES RESOLVE AS FOLLOWS:

Section 1. Impound Fee. Pursuant to FMC section 15-829, an Impound Fee of $232.00 shall be required from any Sidewalk Vendor who wishes to recover Impounded Items (excluding any Items that were immediately disposed of because they were perishable or could not be safely stored). Said Impound Fee shall be payable in full prior to recovering the Items and upon demonstrating proper proof of ownership of the Items. If said Impoundment action is appealed and the hearing officer upholds the appeal, no Impound Fee shall be required.

Section 2. Compliance with California Environmental Quality Act. The Fontana City Council (“City Council”) finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as 336
Resolution No. ___

defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Resolution is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 3. Severability. If any section or provision of this Resolution is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Resolution shall remain in full force and effect.

Section 4. This Resolution shall prevail over any existing resolution in the event of a conflict.

Section 5. The Impound Fee adopted by this Resolution shall become effective thirty days after adoption and shall remain in effect until repealed or amended.

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this ______ day of _______, 2023. ______________________________
Acquanetta Warren, Mayor
I, Germaine Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Fontana held on the __ day of __________, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST: ______________________________
Germaine Key, City Clerk
337
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2614 Agenda Date: 11/14/2023
Agenda #: M. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Declaring Surplus Land - Property located at 8425 Cypress Avenue RECOMMENDATION:

1. Approve Resolution No. 2023- 105, declaring that the City-owned property on Cypress Avenue, north of Arrow Boulevard (Assessor’s Parcel Number 0191-121-40) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.

DISCUSSION:

The City of Fontana acquired this parcel in 2021. The building, formerly known as the Slovene Hall, had been abandoned and was rapidly falling into disrepair. Although acquired for potential redevelopment opportunities on the property, after acquisition, staff retained a consultant to review the condition of the building and prepare a restoration plan and budget for the potential restoration.

With a proposed budget for restoration of over $4,000,000, staff recommended demolition of the building. The City Council approved the contract for demolition, which is scheduled to be completed before yearend, 2023.

The property, which includes a full acre, provides no direct benefit to the City in its current condition.

However, staff believes it will provide a great opportunity for development by a private company and therefore, is recommending that the City declare the property surplus and encourage developers, including affordable housing developers, to submit proposals for the property’s redevelopment.

By approving the attached Resolution, the City would declare this property as “surplus land,” under the Surplus Land Act and Government Code section 54221, and this parcel is no longer necessary City of Fontana Page 1 of 2 Printed on 11/8/2023
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File #: 21-2614 Agenda Date: 11/14/2023
Agenda #: M. Category: Consent Calendar
the Surplus Land Act and Government Code section 54221, and this parcel is no longer necessary for the City’s use.

In order for the City to dispose of this parcel, the City must first go through a public/stakeholder engagement process in accordance with state law and the Surplus Land Act. This process requires the City to transmit (mainly by email) a Notice of Availability - “NOA” (a form of which is attached to the Resolution) to designated entities under state law and allow for a 60-day period during which these entities, including potential affordable housing developers and public entities with jurisdiction over the parcels, may express their interest in negotiating on any of those parcels.

The Surplus Land Act requires this right of first refusal in an effort to mitigate the State’s housing supply crisis. The City is also required to engage in “good-faith” property negotiations for at least 90- days on price and terms with any qualifying party that submits a qualified notice of interest. The City also has reporting and compliance obligations to the Department of Housing and Community Development, who can impose penalties based on the ultimate sales price of the parcel, if the Surplus Land Act is not followed prior to disposition.

This action and resolution begin the surplus land disposition process and allows staff to adequately vet any interest by the public, affordable housing developers, and/or other entities designated under the Surplus Land Act.

Upon conclusion of the public engagement process, the City may market the property to the general public.

Approval of the attached resolution will allow the City to commence the Surplus Land Act process, by issuing the NOA to those entities statutorily entitled to receive it. The disposition of these properties will contribute to the City’s goals to encourage new development.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation
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RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DECLARING THAT THE CITY OWNED PARCEL
KNOWN AS 8425 CYPRESS AVENUE (ASSESSOR’S PARCEL
NUMBER 0191-121-40-0000) AS “SURPLUS LAND” PURSUANT TO
THE SURPLUS LAND ACT, GOVERNMENT CODE SECTION 54220 ET
SEQ.; APPROVING FORM OF NOTICE OF AVAILABILITY; AND

AUTHORIZING THE CITY MANAGER AND HIS DESIGNEE(S) TO

TAKE ALL ACTIONS NECESSARY TO COMPLY WITH THE SURPLUS

LAND ACT
WHEREAS, The City of Fontana owns a parcel of land (Assessor’s Parcel Number 0191-121-40-0000) (“Parcel”) that is no longer necessary for the City’s use and should be declared as surplus property suitable for disposition; and WHEREAS, under the California Surplus Land Act (“SLA”), Government Code Section 54220-54233, surplus property is defined as land owned by any local agency that is no longer necessary for the agency’s use; and
WHEREAS, effective January 1, 2020, the SLA was amended to require all local agencies to formally declare agency-owned properties as “surplus land” prior to taking action to dispose of such properties and to issue a “Notice of Availability” (NOA) to certain entities statutorily entitled to notice; and
WHEREAS, the declaration of surplus land must be made by the local agency’s legislative body at a regular open meeting supported by written findings; and WHEREAS, the City Council has made findings that the Parcel is no longer necessary for the City’s use; and
WHEREAS, the City intends to follow the provisions of the SLA in the disposition of the Parcels and prioritize affordable housing in the disposition of such land to the extent required by law; and
WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the Parcels and is not an action that results in a binding commitment by the City to move forward with the disposition of the property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:

Section 1. The City Council finds and declares that the City-owned Parcel (Assessor’s Parcel Number 0191-121-40-0000) is surplus and no longer necessary for 340
Resolution No. 2023-___
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the City’s use, in accordance with the California Surplus Land Act (Government Code Section 54220 et seq.). The City Council bases this declaration on the following findings:
 The City currently owns the property located on Cypress Avenue, north of Arrow Boulevard.
 The property currently includes a building scheduled for immanent demolition.  The Parcel is located on Cypress Avenue in an area that is currently the subject of substantial new and re-development.
 Under-utilization, maintenance, and other potential liability issues makes it cost prohibitive to retain ownership of the Parcel.
 City ownership, management, and maintenance of the Parcel will prevent it from being developed into its highest and best use.

Section 2. The City Council finds and determines, after independent review and consideration, that the action of declaration of surplus land does not result in a binding commitment by the City to authorize or advance the disposition of the Parcel; will not result in a direct or indirect physical change in the environment; and does not constitute an approval of a project pursuant to CEQA Guidelines Sections 15004 and 15352.

Section 3. The City Council approves the form of Notice of Availability attached hereto as Exhibit A and authorizes the City Manager or his designee(s) to take all actions necessary to comply with the SLA, including but not limited to issuing the Notice of Availability for the Parcel to all entities statutorily entitled to receive such notice.

Section 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

APPROVED AND ADOPTED this 14th day of November 2023.

READ AND APPROVED AS TO LEGAL FORM:
______________________________
City Attorney
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I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 14th day of November, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
City Clerk of the City of Fontana
______________________________
Mayor of the City of Fontana
ATTEST:
______________________________
City Clerk
342
[City Letterhead]
Wednesday, November 14, 2023
To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property As required by the Surplus Land Act (Government Code Section 54220 et seq.) (the “Act”) of the State of California, the CITY OF FONTANA (the “City”) is providing notification that the City intends to sell or lease the surplus property listed in the accompanying table.

APN ADDRESS SIZE
(approx.)

ZONING GENERAL PLAN

DESIGNATION

CURRENT USE
0191-121-40 8425 Cypress Ave. 47,000 SF FBC P-PF Vacant Land APN 0191-121-40 is a vacant parcel consisting of approximately 47,000 square feet. The city envisions development of the property into a use consistent with the current Form Based Code Zoning.

Located on Cypress Avenue, north of Arrow Boulevard, the property’s land encompasses approximately 47,000 square feet. The property is located within the Transitional District of the Form Based Code with the Pacific Electric Trail to the north, multi-family residential to the south and east and a commercial storage facility to the west.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the above property. However, this offer shall not obligate the City to sell the property to you. Instead, if your notice of interest is compliant with the Act, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no notices of interest are received during the 60-day period or no agreement is reached on sales price and terms, or lease terms, with a submitter of a qualifying notice of interest, the City may market the property to the general public. 343
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in purchasing or leasing the properties, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail.

Notice of your interest in acquiring any of these properties should be delivered to:

City of Fontana
Matt Ballantyne
City Manager
8353 Sierra Avenue
Fontana, CA 92335
Please direct any/all questions regarding this Notice and/or Letters of Interest to Phillip Burum - at [email protected] or by calling 909-350- 6727.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220- 54234).
344
City of Fontana
Action Report
City Council and Fontana Housing Authority
Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2440 Agenda Date: 11/14/2023
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Fourth Combined General Plan Amendments and Projects for the 4th General Plan Cycle of 2023; Part No. 1 - Merrill Land Use Redesignation and associated Mitigated Negative Declaration, Part No. 2 - Banana North Multi-Family Project and associated Mitigated Negative Declaration, Part No. 3 - Poplar South Distribution Center Project and associated Environmental Impact Report, Part No. 4 Arrow and Tokay Land Use Redesignation and associated Mitigated Negative Declaration, and Part No. 5 - Citrus/Oleander Industrial Commerce Center and associated Environmental Impact Report.

RECOMMENDATION:

Part No. 1 - Merrill Land Use Redesignation
Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to amend the General Plan land use designation of the project site of approximately 6.4 acres of land located north of Merrill Avenue between Alder Avenue and Laurel Avenue from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and Zoning District Map (ZCA) 22-001 to change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4), pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project. 1a) Adopt Resolution No. 2023-106, (Part No. 1 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting a Mitigated Negative Declaration, approving Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-001 (Part No. 1 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 Chapter 15 (land Use, Zoning and Urban Design) of the General Plan Land Use Designation for APNs: 0246-151-50, -51, -52, -56, - 71, and -77 on approximately 6.4 acres of land located north of Merrill Avenue between Alder Avenue and Laurel Avenue, from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and,
1b) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA No. 22- 001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue; and that the reading of the title constitutes the first reading thereof.

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Part No. 2 - Banana North Apartments
Master Case No. 22-037: General Plan Amendment (GPA) No. 22-005, Zoning District Map Amendment (ZCA) No. 22-006, Development Code Amendment (ZCA) No. 22-007, and Design Review Project (DRP) 22-020 - to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9 from Single-Family Residential (R-SF), to Walkable Mixed Used Corridor and Downtown (WMXU-1), a Zoning District Map Amendment (ZCA) 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC), and a Zoning and Development Code Amendment (ZCA) 22-007 to change the Form-Based Code Map, Section No. 30-406, to identify the subject properties as Route 66 Gateway sub-district on APNs: 0230-041-33, -44, -52, -60, and -61 totaling approximately 2.4 adjusted gross acres, and Design Review Project (DRP) 22-020 to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 2a) Adopt Resolution No. 2023-107, (Part No. 2 of General Plan Amendment Cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving the Mitigated Negative Declaration (MND) and with Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section No. 15070 of the California Environmental Quality Act (CEQA) and Section No. 6.04 of the 2019 Local Guidelines for implementing CEQA, and approving a General Plan Amendment (GPA) 22-005 to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9, from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor and Downtown (WMXU-1), for approximately

2.4 adjusted gross acres, and Design Review Project (DRP) 22-020 to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 adjusted gross acres and associated improvements, respectively, and subject to the Conditions of Approval; and,
2b) Read by title only and waive further reading of and introduce Ordinance No. 1927, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 22- 006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, - 60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, and that the reading of the title constitutes the first reading thereof; and, 2c) Read by title only and waive further reading of and introduce Ordinance No. 1928, an Ordinance of the City Council of the City of Fontana, approving a Development Code Amendment (ZCA) No. 22-007 to change the Form-Based Code Map, Section No. 30- 406, to identify the subject properties as Route 66 Gateway sub-district for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue; and that the reading of the title constitutes the first reading thereof.

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File #: 21-2440 Agenda Date: 11/14/2023
Agenda #: A. Category: Public Hearing
Part No. 3 - Poplar South Distribution Center Project
Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22-016, Design Review (DRP) No. 22-040 - Amendment of the subject site’s land use designations for approximately 18.8 adjusted gross acres from Residential Trucking (R-T) to General Industrial (I-G) and proposed site and architectural design for the development of an industrial commerce center building totaling approximately 490,565 square feet, and associated Final Environmental Impact Report (EIR). 3a) Adopt Resolution No. 2023-108, a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022090611), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination; 3b) Adopt Resolution No. 2023-109, (Part No. 3 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 22-007 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 18.8 adjusted gross acres (APNs 0237-171-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -6, -17, -18, -19, and 0237-172-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -19, -22, -23, -26, -27, -28, -30, -31, - 32, 33) from Residential Trucking (R-T) to General Industrial (I-G) and approving Tentative Parcel Map No. 20638 (TPM No. 22-016) to process a parcel map to consolidate forty-one (41) parcels into one parcel to develop a project site and approving Design Review No. 22-040 for the site and architecture review for a building totaling approximately 490,565 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and, 3c) Read by title only and waive further reading of and introduce Ordinance No. 1929, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED), and that the reading of the title constitutes the first reading thereof; and,
3d) Read by title only and waive further reading of and introduce Ordinance No. 1930, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-003 to include payment of a public benefit fee.

Part 4 - Arrow and Tokay Land Use Redesignation
Master Case No. (MCN) MCN23-092: General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23- 005 to amend the land use designation of the project site of approximately 25 acres of land located on the southwest corner of Arrow Boulevard and Tokay Avenue (which is divided into Sites A and B, consisting of four (4) parcels each) from Open Space (OS) to Light Industrial (IL) and to include an Emergency Shelter Overlay District designation for Site A of the project; change the zoning from Open Space - Resource (OS-R) to Light Industrial (M-1) for the project City of Fontana Page 3 of 18 Printed on 11/8/2023
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change the zoning from Open Space - Resource (OS-R) to Light Industrial (M-1) for the project site; and to add an Emergency Shelter Overlay District designation for Site A that is comprised of four (4) parcels, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project. 4a) Adopt Resolution No. 2023-110, (Part No. 4 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 23-003 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 (Future Land Use Map) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change the General Plan Land Use for the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) comprised of approximately 25 acres from Open Space (OS) to Light Industrial (I-L) and to add an Emergency Shelter Overlay District designation on a portion of the project site comprised of four (4) parcels (Site A - APNS: 0232-171-05, -06, -07, AND -08) that includes approximately 7 acres; and, 4b) Read by title only and waive further reading of and introduce Ordinance No. 1931, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 23- 004 to change the zoning designation of the entire project site (Sites A and B - APNS: 0232-171-05, - 06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres and that the reading of the title constitutes the first reading thereof; and,
4c) Read by title only and waive further reading of and introduce Ordinance No. 1932, an Ordinance of the City Council of the City of Fontana, approving a Development Code Amendment (ZCA) No. 23- 005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232- 171-05, -06, -07, and -08) that includes approximately 7 acres and that the reading of the title constitutes the first reading thereof
Part No. 5 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 23-100: Master Case No. 23-100: Citrus/Oleander Industrial Commerce Center Environmental Impact Report (State Clearinghouse No. 2022110389), General Plan Amendment (GPA) No. 23-004, Zoning District Map Amendment (Zone Change) No. 23-006, Specific Plan Amendment (SPA) No. 23-004, Tentative Parcel Map No. 22-009R1 (TPM No. 20709) (Building No. 1), Design Review (DRP) No. 22-029R1 (Building No. 1), Tentative Parcel Map No. 22-030R1 (TPM No. 20708) (Building No. 2), Design Review No. 22-061R1 (Building No. 2), Tentative Parcel Map No. 22-031R1 (TPM No. 20707) (Building No. 3), Design Review No. 22-062R1 (Building No. 3), and Development Agreement (DA) No. 23-085, - Amendment of the subject site’s General Plan land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-MFMH) to General Industrial (I-G), amendment of the Zoning District Map to change the project area zoning designation from Residential Planned Community and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan for approximately City of Fontana Page 4 of 18 Printed on 11/8/2023
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Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan for approximately

29.4 adjusted gross acres, amendment of the Southwest Industrial Park Specific Plan (SWIP) to expand the specific plan boundaries to include the project area and designate it as Slover East Industrial District (SED) for approximately 29.4 adjusted gross acres, tentative parcel maps for the consolidation of parcels, and proposed site and architectural design for the development of three (3) industrial commerce center buildings totaling approximately 532,104 square feet, Development Agreement for a public benefit fee, and associated Final Environmental Impact Report (EIR).
5a) Adopt Resolution No. 2023-111, a Resolution of the City Council of the City of Fontana certifying the Citrus/Oleander Industrial Commerce Center Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;
5b) Adopt Resolution No. 2023-112, (Part No. 5 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 23-004 (Part No. 5 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, - 23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 1; Tentative Parcel Map No. 22-030R1 (TPM No. 20708) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 2; Tentative Parcel Map No. 22-031R1 (TPM No. 20707) to consolidate five (5) parcels into one to develop the project site for Building No. 3; Design Review No. 22-029R1 for the design of Building No. 1; Design Review No. 22-061R1 for the design of Building No. 2; and Design Review No. 22-062R1 for the design of Building No. 3, all totaling approximately 532,104 square feet and including associated on-site and off-site improvements subject to the Conditions of Approval; and,
5c) Read by title only and waive further reading of and introduce Ordinance No. 1933, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for APNs 0255-011- 13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and - 24, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and, 5d) Read by title only and waive further reading of and introduce Ordinance No. 1934, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 23-004, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander City of Fontana Page 5 of 18 Printed on 11/8/2023
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boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
5e) Read by title only and waive further reading of and introduce Ordinance No. 1935, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park; and that the reading of the title constitutes the first reading thereof.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention and expansion. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

As required by state law, the City is limited to amending any element of the General Plan to no more than four (4) times in one (1) calendar year. Since the City receives multiple general plan amendment requests during the year, it is customary to combine the general plan amendment requests. The first combined general plan amendment was approved by the City Council on March 28, 2023, the second amendment was approved on June 27, 2023, and the third amendment was approved on July 25, 2023. This will be the fourth combined general plan amendment for calendar year 2023.

This combined general plan amendment package includes five (5) parts and their associated projects which have been designated as Part No. 1 - Merrill Land Use Redesignation and associated Mitigated Negative Declaration, Part No. 2 - Banana North Multi-Family Project and associated Mitigated Negative Declaration, Part No. 3 - Poplar South Distribution Center Project and associated Environmental Impact Report, and Part No. 4 Arrow and Tokay Land Use Redesignation and associated Mitigated Negative Declaration, and Part No. 5 Citrus/Oleander Industrial Commerce Center and associated Environmental Impact Report to ensure that the multiple general plan amendments are approved together, thereby counting as one (1) approval. Below is a discussion of the five (5) projects as part of this amendment package.

Discussion Part No. 1 - Merrill Land Use Redesignation
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Background:

The project was considered by the Planning Commission at a duly noticed public hearing on September 19, 2023. The Planning Commission voted (4-0) to adopt Resolution PC No. 2023-033, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The current site is vacant and surrounded by residential development. The site is located on the north side of Merrill Avenue between Alder Avenue and Laurel Avenue, which are both classified as Secondary Highways. The existing General Plan Land Use Designation is Single-Family Residential (R-SF) and the existing Zoning District is Single Family (R-1). No development is proposed as part of this project; however, this change will increase the unit count from the existing maximum 32 residential units (6.4 acres x 5.0/acres=32) to a maximum of 249 residential units (6.4 x 39 units/acre). The proposed increase could potentially bring 217 residential units more than what is existing. The potential for additional new housing is consistent with State housing goals as well as the City’s goal to encourage additional housing opportunities.

General Plan Amendment No. 22-001:

The proposed project would change Figure 15.8 and 15.9 in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH). The project is consistent with Goal No. 3 of Chapter 13 of the General Plan - “Plan Fontana as a “complete community” with a balance of diverse neighborhoods, amenities, services, and infrastructure that supports a qualified workforce and attracts business.” The land use redesignation will provide housing options for the area that will also support the local workforce. The amendment will present an opportunity for development to be constructed at a higher density, which will allow the City to have a wider variety of housing types for residents. This amendment implements Action A of Goal No. 3 of Chapter 13 of the General Plan by increasing the unit count and providing opportunity for attainable or market rate housing. Additionally, by increasing density, there is now opportunity for a high-density multi-family development which has the potential to attract business in this area. Also, this amendment will assist the City of Fontana in meeting its Regional Housing Needs Assessment (RHNA) numbers.

Zoning District Map Amendment No. 22-001:

The Zoning Code Amendment includes map/figure changes to demonstrate the change from SingleFamily Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on the zoning district map, consistent with the proposed General Plan designation.

Environmental:

An Initial Study (IS)/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. The IS concluded that with the incorporation of mitigation measures no significant impacts would be caused by the project; therefore, a Mitigated Negative Declaration and a Notice of Determination have been prepared for the Planning Commission’s consideration. The Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program can be found at https://www.fontanaca.gov/2137/Environmental-Documents.

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Discussion Part No. 2 - Banana North Project
Background:

The project was considered by the Planning Commission at a duly noticed public hearing on October 17, 2023. The Planning Commission voted (3-0) to adopt Resolution PC No. 2023-036, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The applicant, SA Golden Investment, Inc. is in support of the development of a new 24-unit apartment within the proposed Route 66 Gateway, subdistrict, on two (2) parcels for APNs: 0230-041 -52, and -60 totaling approximately 0.9 adjusted gross acres located approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.

General Plan Amendment No. 22-005:

The purpose of this General Plan Amendment is to amend Exhibit 15.8 in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change the General Plan land use designation from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1) for the identified properties of APNs: 0230-041-33, -44, -52, -60, and -61. Please see Attachment No. 6 (Part No. 2) Resolution for General Plan Amendment which includes an exhibit of the General Plan Amendment.

The proposed General Plan Amendment is consistent with the goals and policies of the Housing Element in the General Plan. The project is consistent with the following goals of the Housing Element:
· Provide adequate housing to meet the needs of all residents in Fontana. · Provide a high standard of quality in existing affordable housing stock.

Furthermore, the proposed project will meet the following policies of the Housing Element of the General Plan:
· Goal No.1, Policy No. 1.1, by providing a “Establish a range of rental and for sale housing opportunities in the city” and
· Goal No. 1, Policy No. 1.3 - “Promote the development and access to housing affordable to all income levels in Fontana”
The amendment will present an opportunity for development to be constructed at a higher density which will allow City to have a wider variety of housing types for residents. This amendment will increase the unit count and provide opportunity for attainable or market rate housing. Also, this amendment will assist the City of Fontana in meeting its Regional Housing Needs Assessment (RHNA) numbers. This change will increase the unit count from the existing maximum of 12 residential units (2.4 acres x 5.0 units/acre = 12) compared to a maximum of 93 residential units (2.4 acres x 39 units/acre = 93). The proposed amendment will increase the potential residential units count by 61 units.

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Zoning District Map Amendment No. 22-006:

The proposal would amend the zoning map (Zoning District Map) from Residential-Single Family (R1) to Form-Based Code (FBC) for the properties of APNs: 0230-041-33, -44, -52, -60, and -61, approximately 2.4 adjusted gross acres total. The Zoning District Map amendment would ensure that zoning for the project site is consistent with the proposed General Plan Amendment.

Development Code Amendment (ZCA) No. 22-007:

The proposed amendment to the Development and Zoning Code (Chapter 30 of the Fontana Municipal Code) text would update the Form-Based Code map, in Section 30-406, (Zoning and Development Code) to identify the subject properties as Route 66 Gateway subdistrict on APNs:
0230-041-33, -44, -52, -60, and -61 totaling approximately 2.4 adjusted gross acres.

Design Review No. 22-020:

The project includes the development of a 24-unit multi-family project within the proposed Route 66 Gateway subdistrict over two (2) parcels totaling approximately 0.9 adjusted gross acres.

The 24 dwelling units are contained within one (1) three-story building totaling approximately 43,986 square feet. The project consists of three (3) floor plans ranging size from 944 square feet to 1,333 square feet. The units are proposed at 1-bedrooms (944 square feet), 2-bedrooms (1,090 square feet), and 3-bedrooms (1,333 square feet). The project site is located on the east side of Banana Avenue approximately 270 feet south of the intersection of Foothill Boulevard and Banana Avenue.

The applicant has proposed a Tuscan architectural style for the apartment buildings. The elevations include varying warm and neutral hues. A variety of design features and materials are provided on the elevations such as stone veneer, arched wall openings, decorative window treatment and shutters, varied rooflines, and other features appropriate to the Tuscan architecture. The variety in color and material will provide for an architecturally pleasing project that will enhance the character of the neighborhood.

Site Access/Circulation/Parking
The site shall be accessed through one main drive aisle off Banana Avenue. Side-by-side parking is located to the north and east sides of the building. The drive aisle will include improvements including paving of the drive aisle with curbing on both sides and ADA access path on the north side.

There will be 36 parking spaces provided for residents and guests. No parking is allowed on the main drive aisle; however, parking is allowed on Banana Avenue.

Pedestrian access from the street shall be along the north side of the site along the one main drive aisle. The access to the individual units will be through a courtyard opening within the middle of the building, which will provide access to all three (3) stories. There are openings to the courtyard on the east and west sides of the building. The pedestrian walkways are well defined by landscaping and lights.

Environmental:

An Initial Study (IS), Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the IS and MND, the project would not have a significant effect on the environment as a result of project City of Fontana Page 9 of 18 Printed on 11/8/2023
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and MND, the project would not have a significant effect on the environment as a result of project implementation and a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, have been prepared for the City Council’s consideration. The mitigation measures from the Mitigation Monitoring and Reporting Program are included herein as part of the Conditions of Approval. The IS/MND for this project can be found at https://www.fontanaca.gov/2137/Environmental-Documents.

Discussion Part No. 3 - Poplar South Distribution Center Project Background:

The project was considered by the Planning Commission at a duly noticed public hearing on October 17, 2023. The Planning Commission voted 3-0 to adopt Resolution PC No. 2023-037, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The applicant is proposing the development of an industrial commerce center building totaling 490,565 square feet a site totaling approximately 18.8-acres. The project is located on the east side of Poplar Avenue, west of Catawba Avenue and on properties along Rose Avenue.

General Plan Amendment No. 22-007 and Specific Plan Amendment No. 22-003:

The current general plan land use designation for the project site is Residential Trucking (R-T) which does not allow for industrial commerce center uses. Therefore, the applicant has applied for a General Plan Amendment to amend Exhibit 15.8 (General Plan Land Use Map) as part of Chapter 15 of the General Plan and change the General Plan land use designation of the 18.8-acre site from Residential Trucking (R-T) to General Industrial (I-G). The applicant has additionally submitted a Zone Change request to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan (SP). The project would be consistent with the surrounding area with the parcels to the west and south of the project site that are within the Southwest Industrial Park Specific Plan and which are also zoned Slover East Industrial (SED) District.

Development Agreement No. 22-003:

The application includes review of development agreement for a public benefit fee of $2,084,901.

Tentative Parcel Map No. 20638 (TPM No. 22-016):

The applicant has filed for a tentative parcel map to support proposed development of 18.8 acres of the overall project area. The applicant is proposing to consolidate forty-one (41) parcels located at the intersection of Poplar Avenue and Rose Avenue into one parcel for the development of an industrial commerce building. As part of the project the developer will construct all on-site and off-site improvements per the City Standards.

Design Review No. 22-040:

The project includes the development of an industrial commerce center building on an 18.8 acre parcel; one parcel that is included within the General Plan and Specific Plan amendment areas will remain undeveloped.

The industrial commerce center building has been designed with a combination of office and industrial areas with 490,565 of square footage. The necessary on-site and off-site improvements City of Fontana Page 10 of 18 Printed on 11/8/2023
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industrial areas with 490,565 of square footage. The necessary on-site and off-site improvements required by city standards will be included. A gate-secured truck court with forty-two (42) loading docks are proposed on the southside of the building.

The building’s tower entry ways, panels, articulated window framing with glazing, and varying roof height provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the buildings to meet or exceed the design guidelines of the Southwest Industrial Park Specific Plan, Slover East Industrial District design guidelines.

The project sites are physically suitable in size and shape to support the development of the proposed industrial commerce buildings. The applicable building codes, zoning codes, and fire codes and standards, will make for a safe, attractive, and well-designed project. As proposed, the project sites are consistent with the standards of the Southwest Industrial Park Specific Plan, Slover East Industrial District. The proposal has been designed to be compatible with the industrial uses to the south and west of the sites, while also providing a development that has been designed with features (architectural relief, added landscaping along the north side of the property, street improvements, and lighting), to enhance the character of the area.

Circulation/Grading
Trucks will have access from the southern driveways on Poplar Avenue and Catawba Avenue and regular vehicles will have access from separate driveways on the northern portion of the site. The proposed landscaping would be ornamental in nature and would feature trees, shrubs, and droughttolerant accent plants in addition to a variety of groundcover. The area surrounding the building will drain to the west with the use of underground chambers towards Poplar Avenue. Trucks will travel south and north from Santa Ana Avenue and Jurupa Avenue to and from the project site to access the 10 freeway.

SB330:

As currently zoned, this property would have allowed for the development of thirty-eight (38) residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate with the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 38 units will be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other residential parcels until the 38 residential units are reclaimed within future planned residential projects.

Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 1,280 units. These 38 units will be added to the Unit Bank increasing the number of units in the Unit Bank by 38, which is less than the 2,200 units authorized by the FMC.

Environmental:

Subsequent to the preparation and distribution of the Notice of Preparation (NOP), the Draft Environmental Impact Report (DEIR) was prepared for the project. The environmental analysis contained in the Draft EIR is based in part on specific studies and assessments undertaken for the City by qualified environmental scientists, specialists, and consultants. This analysis addresses aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology City of Fontana Page 11 of 18 Printed on 11/8/2023
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energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and services systems, and wildfire. These technical studies are contained in the Technical Appendices document of the Draft EIR and are made available for the public review. The Draft and Final EIR and Technical Appendices can be viewed at the following URL:
https://www.fontanaca.gov/2137/Environmental-Documents
Discussion Part No. 4 - Arrow and Tokay Land Use Redesignation Background:

The project was considered by the Planning Commission at a duly noticed public hearing on October 17, 2023. The Planning Commission voted (3-0) to adopt Resolution PC No. 2023-039, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The proposed project includes a request to change the General Plan land use designation from Open Space (OS) to Light Industrial (I-L) and to change the zoning designation from Open Space - Resource (OS-R) to Light Industrial (M-1) for the entire project site (Sites A and B). The proposal also includes the addition of an Emergency Shelter Overlay District designation for a portion of the project site comprised of four (4) parcels (Site A). The City is reviewing plans for the development of a homelessness care and resource center for Site A; it is anticipated that the application will move forward at another time, in the future. Therefore, the entitlement application under consideration does not include any development at this time and is solely for a land use redesignation. The proposed land use redesignation will contribute to an opportunity for a variety of housing types including supportive and transitional housing uses for properties in the proposed overlay. Also, the proposed land use redesignation will facilitate future revitalization and development opportunities of the vacant property that will contribute to opportunities for living wage jobs in an area that is developed with industrial, service and residential uses.

General Plan Amendment No. 23-003:

The proposed project would change Figure 15.8 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for the entire project site (Sites A and B) comprised of eight (8) parcels (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and -14) from Open Space (OS) to Light Industrial (I-L) and a request to add an Emergency Shelter Overlay District designation for Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08). The project is consistent with subsection A of the Actions outlined in the City’s first Goal under Section E (Policies and Actions to Achieve the Goals) of Chapter 13 of the General Plan - to “[e]stablish a balanced of industrial and manufacturing development along with services, especially in sectors with living wage jobs.” The site is currently designated as OS-R and a portion of the Project Site, Site B, was once used for mining.

The property has since been vacant as the mining operations in Site B have ceased. The land use redesignation will facilitate future revitalization and development possibilities for the property, which will contribute to opportunities for living wage jobs in an area developed with industrial, service and residential uses.

Zoning District Map Amendment (ZCA) No. 23-004:

The Zoning District Map Amendment includes a land use re designation of the entire project site City of Fontana Page 12 of 18 Printed on 11/8/2023
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The Zoning District Map Amendment includes a land use re designation of the entire project site (Sites A and B) comprised of eight (8) parcels (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and - 14) from Open Space - Resource (OS-R) to Light Industrial (M-1).

Development Code Amendment (ZCA) No. 23-005:

The Development Code Amendment includes an addition to an Emergency Shelter Overlay District designation for Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) to Section 30-651 (a), Figure 1 of the Zoning and Development Code.

Environmental:

An Initial Study (IS)/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. The Notice of Intent to Adopt a IS/Mitigated Negative Declaration and Public Hearing Notice was issued on September 22, 2023, for a public comment period of September 22, 2023 until October 17, 2023, no comments were received.

Based on the information in the IS and MND, the project would not have a significant effect on the environment as a result of project implementation and a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program have been prepared for the City Council’s consideration. The Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program can be reviewed at <https://www.fontanaca.gov/2137/Environmental-Documents>.

Discussion Part No. 5 - Citrus/Oleander Industrial Commerce Center Project Background:

On May 18, 2023 the Applicant submitted Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment 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), for the development of three (3) industrial commerce buildings totaling approximately 540,849 square feet within a project area totaling 29.4 acres.

On July 25, 2023, after consideration, City Council denied the project (MCN No. 22-053) with a vote of 3-2 at its regularly scheduled public hearing.

Based on language in Sections 30-39 (General Plan Amendment, Time limitations) and Section 30- 74 (Specific Plan Amendment, Time limitations) of the Zoning and Development Code, an applicant can submit an application (for a general plan amendment or a specific plan amendment, respectively) that has been denied by either the Planning Commission or City Council. Another application of the same nature and effecting the same property shall not be filed within a period of one year from the date of denial. However, the aforementioned sections also provides that a hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate that a new application is warranted.

On October 24, 2023, the City Council voted (4-1) to permit the applicant to file an application City of Fontana Page 13 of 18 Printed on 11/8/2023
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reflecting revisions to the previously considered plans.

On October 25, 2023, the applicant submitted a General Plan Amendment, Zoning District Map Amendment, Specific Plan Amendment, three (3) Tentative Parcel Maps, and three (3) Design Reviews.

Project Description/Analysis:

The applicant is proposing the development of three (3) industrial commerce center buildings totaling 532,104 square feet on three sites totaling approximately 24.4-acres. The project is located on the north side of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection.

General Plan Amendment No. 23-004:

The current general plan land use designations are Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) which do not allow for industrial commerce center uses. Therefore, the applicant has applied for a General Plan Amendment to amend the General Plan land use designation of the 29.4-acres from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G); Figure 15.8 of General Plan Chapter 15 (Land Use, and Urban Design) would be modified to reflect these designations. The proposed General Plan designations would be consistent with parcels to the west and south of the project site.

Zone Change No. 23-006:

The applicant has submitted a Zoning District Map Amendment requesting to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan (SP). The project would be consistent with the surrounding area with the parcels to the west and south of the project site that are within the Southwest Industrial Park Specific Plan.

Specific Plan Amendment No. 23-004:

The Specific Plan Amendment would amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and to designate the property with the Slover East Industrial District (SED) land use designation. As previously mentioned, no development is currently proposed on APN 0255-011-15 (5-acre site). Design Reviews and Tentative Parcel Maps (TPMs) are proposed for the 24.4-acre site on all the parcels except for parcel APN: 0255-011-15.

Development Agreement No. 23-085:

The application includes review of development agreement for a public benefit fee of $3,192,624.00 and the owner shall remit payment of an additional One Million Five Hundred Thousand Dollars ($1,500,000.00) to fund the City’s design and construction of an Action Sports Park at Martin Tudor Regional Park.

Tentative Parcel Map No. 20709 (TPM No. 22-009R1) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030R1) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22- 031R1) (Building No. 3)
The applicant has filed three tentative parcels maps to facilitate the development of 24.4 acres of the overall project area. The applicant is proposing to consolidate six (6) parcels located at the northeast City of Fontana Page 14 of 18 Printed on 11/8/2023
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overall project area. The applicant is proposing to consolidate six (6) parcels located at the northeast corner of Citrus Avenue and Santa Ana Avenue into one parcel for the development of Building No. 1, consolidate six (6) parcels located at the northwest corner of Oleander Avenue and Santa Ana Avenue into one parcel for the development of Building No. 2, and consolidate five (5) parcels located at the northeast corner of Oleander Avenue and Santa Ana Avenue into one for the development of Building No. 3. As part of the project the developer will construct all on-site and offsite improvements per the City Standards.

Design Review No. 22-029R1 (Building No. 1), Design Review No. 22-061R1 (Building No. 2), and Design Review No. 22-062R1 (Building No. 3)
The project includes the development of three industrial commerce center buildings on three separate parcels; one parcel that is included within the General Plan, Zoning, and Specific Plan amendment areas will remain undeveloped.

The industrial commerce center buildings have been designed with a combination of office and industrial areas. Building No. 1 will contain approximately 150,538 square feet of floor area, Building No. 2 will contain approximately 188,104 square feet of floor area, and Building No. 3 will contain approximately 193,462 square feet of floor area. Each building project will construct the necessary on -site and off-site improvements required by city standards.

Each building will have a gate-secured truck court. Sixteen (16) loading docks are proposed on the east side of Building No. 1, 23 loading docks are proposed on the west side of Building No. 2, and 23 loading docks are proposed on the east side of Building No. 3.

The buildings’ tower entry ways, clear float glass, painted bands, reveals, decorative panels, articulated window framing with glazing, and pop-outs provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the buildings to meet or exceed the design guidelines of the Southwest Industrial Park Specific Plan, Slover East Industrial District design guidelines.

The project sites are physically suitable in size and shape to support the development of the proposed industrial commerce buildings. The applicable building codes, zoning codes, and fire codes and standards, will make for a safe, attractive, and well-designed project. As proposed, the project sites are consistent with the standards of the Southwest Industrial Park Specific Plan, Slover East Industrial District. The proposal has been designed to be compatible with the industrial uses to the south and west of the sites, while also providing a development that has been designed with features (architectural relief, added landscaping along the north side of the property, street improvements, and lighting), to enhance the character of the area.

Circulation/Grading
Building No. 1 (Northeast corner of Santa Ana and Oleander Avenue) Access to and from the project site would be provided from one driveway along Citrus Avenue and one from Santa Ana Avenue. Trucks will only have access from Santa Ana Avenue and regular vehicles will have access from both Citrus Avenue and Santa Ana Avenue. The applicant has provided a 45-foot landscape buffer between the project and the school to the north. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the City of Fontana Page 15 of 18 Printed on 11/8/2023
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File #: 21-2440 Agenda Date: 11/14/2023
Agenda #: A. Category: Public Hearing
accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Truck will be traveling south and north on Citrus Avenue to and from the project site to access the 10 freeway.

Building Nos. 2 and 3 (Northeast corner of Santa Ana and Citrus Avenue, Northwest corner of Santa Ana and Oleander Avenue)
Access to and from the project site would be provided from one driveway along Oleander Avenue and one from Santa Ana Avenue for each building. Trucks will only have access from Santa Ana Avenue and regular vehicles will have access from both Oleander Avenue and Santa Ana Avenue.

The applicant has provided a 45-foot landscape buffer between the project and the school to the north. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 2 and 3 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Trucks are restricted to head west to Citrus Avenue or they can head south to Jurupa Avenue then east to Sierra Avenue to access the 10 freeway. Additionally, for Site No. 3, staff and the Applicant will continue to work together to modify the entrance along Santa Ana Avenue to provide an additional buffer from a sensitive use.

Walls
Building Nos.1 through 3
The project site will have an eight-foot-high sliding gate for the loading areas and a 12-foot-high screen wall surrounding the loading areas. The project does not include any retaining walls.

Industrial Commerce Centers Sustainability Standards
All new industrial commerce building development must meet the requirements of the Industrial Commerce Centers Sustainability Standards ordinance. Based on the standards, truck loading docks, truck entries, and truck drive aisles shall be oriented away from abutting sensitive receptors (schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals) unless it is physically impossible. The applicant has met the requirements of the sustainability ordinance. Staff will work with the Applicant to further modified the entrance point along Santa Ana Avenue for Building No. 3 to provide additional separation from sensitive receptors.

SB330
As currently zoned, this property would have allowed for the development of 507 residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 507 units will be available as density bonuses for other residential properties throughout the city.

The program will enable, on a first come, first served basis, density bonuses of up to 20% on other residential parcels until the 507 residential units are reclaimed within future planned residential projects.

Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 1,280 units (pending ordinance effective dates). The project’s 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,787, which is less than the 2,200 units City of Fontana Page 16 of 18 Printed on 11/8/2023
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Agenda #: A. Category: Public Hearing
authorized by the FMC.

Environmental:

A Draft Environmental Impact Report (Draft EIR) was circulated for the 45-day public review period on November 10, 2022, with the review period closing on May 22, 2023. The document was submitted to the State Clearinghouse for notification to State agencies for comment (SCH No. 2022110389). The Planning Commission conducted a public hearing on the DEIR on April 18, 2023, to receive public comments, and prior to the end of the comment period of May 22, 2023, the City received comments on the Draft EIR from public agencies, organizations, and individuals; responses to these comments are included in the Final EIR, which consists of the Draft EIR, comments and responses to comments on the Draft EIR, a list of those commenting on the Draft EIR, a Statement of Overriding Consideration, and related Findings. Based on the City’s review of the Project, and the attached T&B Planning Letter and Urban Crossroad Supplemental Assessment, no recirculation of the EIR is required by CEQA Guidelines section 15088.5 as the Project, as detailed above, would result in the same or fewer/lesser impacts on the environment in comparison to the conclusions presented in the Draft EIR. To approve the project, the City Council must adopt a Statement of Overriding Considerations identifying that the project benefits override or outweigh the project’s identified unavoidable environmental impacts (greenhouse gas emissions, noise, and transportation) which have been prepared and are attached with the specific mitigation monitoring and reporting program, for the City Council. The project’s California Environmental Quality Act (CEQA) environmental documents can be viewed at Environmental Documents | Fontana, CA - Official Website (fontanaca.gov) <https://www.fontanaca.gov/2137/Environmental-Documents> ATTACHMENTS:

Attachment No. 1 (Part No. 1) Resolution for General Plan Amendment Attachment No. 2 (Part No. 1) Ordinance for Zoning Code District Map Amendment Attachment No. 3 (Part No. 1) Planning Commission Minutes from September 19, 2023 Attachment No. 4 (Part No. 1) Planning Commission Package, MCN22-040 Attachment No. 5 (Part No. 1) Public Hearing Notice
Attachment No. 6 (Part No. 2) Resolution for General Plan Amendment Attachment No. 7 (Part No. 2) Ordinance for Zoning District Map Change Attachment No. 8 (Part No. 2) Ordinance for Development Code Amendment Attachment No. 9 (Part No. 2) Planning Commission Package, MCN22-037 Attachment No. 10 (Part No. 2) Draft Planning Commission Minutes from October 17, 2023 Attachment No. 11 (Part No. 2) Public Hearing Notice
Attachment No. 12 (Part No. 3) Resolution to Certify Final EIR Attachment No. 13 (Part No. 3) Resolution for General Plan Amendment, Tentative Parcel Map, Design Review
Attachment No. 14 (Part No. 3) Ordinance for Specific Plan Amendment Attachment No. 15 (Part No. 3) Ordinance for Development Agreement Attachment No. 16 (Part No. 3) Planning Commission Package, MCN22-079 Attachment No. 17 (Part No. 3) Draft Planning Commission Minutes from October 17, 2023 Attachment No. 18 (Part No. 3) Public Hearing Notice
Attachment No. 19 (Part No. 4) Resolution for General Plan Amendment Attachment No. 20 (Part No. 4) Ordinance for Zoning District Map Amendment Attachment No. 21 (Part No. 4) Ordinance for Development Code Amendment Attachment No. 22 (Part No. 4) Planning Commission Package, MCN23-0092 City of Fontana Page 17 of 18 Printed on 11/8/2023
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File #: 21-2440 Agenda Date: 11/14/2023
Agenda #: A. Category: Public Hearing
Attachment No. 23 (Part No. 4) Draft Planning Commission Minutes from October 17, 2023 Attachment No. 24 (Part No. 4) Public Hearing Notice
Attachment No. 25 (Part No. 5) Resolution to Certify the Final EIR Attachment No. 26 (Part No. 5) Resolution for the General Plan Amendment, Tentative Parcel Map and Design Review
Attachment No. 27 (Part No. 5) Ordinance for the Zoning District Map Amendment Attachment No. 28 (Part No. 5) Ordinance for the Specific Plan Amendment Attachment No. 29 (Part No. 5) Ordinance for the Development Agreement Attachment No. 30 (Part No. 5) Citrus and Oleander - Updated CEQA Letter Attachment No. 31 (Part No. 5) Urban Crossroads Supplemental Assessment Attachment No. 32 (Part No. 5) Project Plans for MCN23-100 Attachment No. 33 (Part No. 5) Public Hearing Notice
FISCAL IMPACT:

Part No. 1 - None.

Part No. 2 - None.

Part No. 3 - The project includes a Development Agreement that provides for a public benefit fee of $2,084,901.00
Part No. 4 - None.

Part No. 5 - The project includes a Development Agreement that provides for a public benefit fee of $3,126,180 and the owner shall remit payment of an additional One Million Five Hundred Thousand Dollars ($1,500,000.00) to fund the City’s design and construction of an Action Sports Park at Martin Tudor Regional Park.

MOTION:

Approve staff’s recommendation.
..End
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ATTACHMENT NO. 1
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING

MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT , AND APPROVING GENERAL PLAN AMENDMENT No. 22-001 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE NO. 4 OF 2023) AMENDING EXHIBIT 15.8 AND 15. 9 IN CHAPTER 15 (LAND USE, ZONING, AND URBAN DESIGN) OF THE GENERAL PLAN LAND USE DESIGNATION FOR APNS: 0246- 151-50, -51, -52, -56, -71, and -77 ON APPROXIMATELY 6.4 ACRES OF

LAND LOCATED NORTH OF MERRILL AVENUE BETWEEN ALDER

AVENUE AND LAUREL AVENUE, FROM SINGLE-FAMILY RESIDENTIAL (R-SF) TO MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (RMFMH).

WHEREAS, assessor parcel numbers 0246-151-50,-51, -56, -71 and 77, include six (6) parcels that were annexed from San Bernardino County and incorporated into the City of Fontana. Two (2) of the six (6) parcels were annexed on September 17, 1973 and the remaining four (4) parcels were annexed on September 18, 2006 (the “Project Site”); and WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City’s Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on January 25, 2023, the City of Fontana (“the City”) received an application from Jason Korengold on behalf of SP Acquisition LLC (“Applicant”), to amend the General Plan land use designation (“GPA No. 22-001”) as illustrated in Exhibit 15.8 of the General Plan, from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and to amend the Zoning District Map (“ZCA No. 22-001”) from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R4) for the Project Site as shown in Exhibit “A” that is attached here to and incorporated herein. Both amendments together are known as Master Case Number 22-040 (“MCN 22-040”); and
WHEREAS, GPA No.22-001 could potentially bring an additional 217 residential units to the Project Site; and,
WHEREAS, the amendment to the General Plan Land Use Designation will assist the City in meeting its Regional Housing Needs Assessment (RHNA) number; and WHEREAS, the amendment to the General Plan Land Use Designation will contribute to a balanced and diverse neighborhood and associated amenities and services, as well as contribute to an infrastructure that will support a qualified workforce and attract business; and
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Resolution No. 2023-_____
ATTACHMENT NO. 1

WHEREAS, the General Plan Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program was published on August 25, 2023, findings that, with the implementation of recommended mitigation measures, the Project would have no significant impacts on the environment and, therefore, a Mitigated Negative Declaration has been recommended for adoption; and WHEREAS, GPA No. 22-001 is supported by the goals and policies of the General Plan; and
WHEREAS, all notices required by statute and the Fontana Municipal Code have been given as required; and
WHEREAS, on September 19, 2023, the Fontana Planning Commission (“Planning Commission”) held a noticed public hearing on MCN No. 22-040 and received evidence and heard public testimony from all interested parties and recommended that the City Council adopt the Mitigated Negative Declaration, approved the MMRP, and approve the amendments by Resolution No. 2023-033 with a 4-0 vote; and WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the Mitigated Negative Declaration, MMRP, MCN No. 22-040 and received testimony from all parties and documentation from the Planning Commission’s public hearing on September 19, 2023; and

WHEREAS, pursuant to Government Code Section 65358 on November 14, 2023 the City Council adopted one General Plan Amendment in the following five parts: Part No. 1 – GPA No. 22-001, Merrill Land Use Re designation; Part No. 2 – GPA No. 22-005, Banana North Apartments; Part No. 3–GPA No. 22-007, Poplar South Distribution Center Project Part No. 4– GPA No. 23-003, Arrow and Tokay Land Use Re designation; and Part No. 5 – GPA No. 23-004, Citrus/Oleander Industrial Commerce Center; and NOW, THEREFORE, the City Council RESOLVES as follows:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

SECTION 2. CEQA. The City Council hereby adopts the Mitigated Negative Declaration along with the MMRP for the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 364
Resolution No. 2023-_____
ATTACHMENT NO. 1

Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines.

SECTION 3. General Plan Amendment Findings. The City Council hereby makes the following findings for GPA No. 22-001 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the longterm growth of the City.

Findings of Fact: An amendment to the General Plan Land Use Designation for the Project Site from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) would allow for the future construction of potentially 249 residential units in total as opposed to the current 32 units allowed in this area. The amendment provides the opportunity for the City to gain additional residential units to provide more housing. This project will bring a variety of residential units to the City from market rate to attainable units. The additional residential units will help the long-term growth of the City, as well as reduce the RHNA number for the City. Furthermore, the amendment is consistent with the goals and policies in the General Plan and reflects the current desires and needs of the citizens.

SECTION 4. General Plan Amendment Approval. Based upon the findings in Section 3, the City Council hereby approves GPA No. 22-001 to change the General Plan Land Use Designation as illustrated on Exhibit 15.8 and 15.9 in Chapter 15 of the General Plan from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) on approximately 6.4 adjusted gross acres of 6 parcels (APNs:
0246-151-50, -51, -52, -56, -71, and 77 ), as shown in Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 5. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning District Map Amendment (ZCA) No. 22-001, provided however, if the Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.

SECTION 6. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.
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Resolution No. 2023-_____
ATTACHMENT NO. 1

SECTION 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

READ AND APPROVED AS TO LEGAL FORM:
_____________________
City Attorney
ATTEST:

I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 14th day of November 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
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Resolution No. 2023-_____
ATTACHMENT NO. 1

EXHIBIT “A”

EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION - FOR THE ENTIRE PROJECT SITE COMPRISED OF SIX (6) PARCELS (APNS: 0246-151-50, -51, - 52, -56, -71, AND -77) FROM SINGLE-FAMILY RESIDENTIAL (R-SF) TO MULTI-FAMILY

MEDIUM/HIGH RESIDENTIAL (R-MFMH)
367
ATTACHMENT NO. 2
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO A MITIGATED NEGATIVE DECLARATION, ZONING DISTRICT MAP AMENDMENT NO. 22-001 TO CHANGE THE ZONING
DESIGNATION FOR APNS: 0246-151-50, -51, -52, -56, -71, and -77 FROM SINGLEFAMILY RESIDENTIAL (R-1) TO MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) FOR A SITE COMPRISED OF APPROXIMATELY 6.4 ACRES

LOCATED NORTH OF MERRILL AVENUE BETWEEN ALDER AVENUE AND LAUREL AVENUE.

WHEREAS, assessor parcel numbers 0246-151-50,-51, -56, -71, and 77, include six (6) parcels that were annexed from San Bernardino County and incorporated into the City of Fontana. Two (2) of the six (6) parcels were annexed on September 17, 1973 and the remaining four (4) parcels were annexed on September 18, 2006 (the “Project Site”); and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on January 25, 2022, the City of Fontana (“the City”) received an application from Jason Korengold on behalf of AP Acquisition LLC (“Applicant”), for a General Plan Amendment (“GPA No. 22-001”) to amend the General Plan land use designation on the north side of Merrill Avenue, between Alder Avenue and Laurel Avenue (Project Site) from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH), and a Zoning District Map Amendment (“ZCA No. 22-001”) to change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) for approximately 4.6 gross acres.

Both amendments together are known as Master Case Number 22-040 (“MCN 22- 040”). The attached Exhibit “A” depicts the Zoning District Map Amendment; and, WHEREAS, the amendment to the Zoning District Map will assist the City in meeting its Regional Housing Needs Assessment (RHNA) number; and WHEREAS, the amendment to the Zoning District Map will contribute to a balanced and diverse neighborhood and associated amenities and services, as well as contribute to an infrastructure that will support a qualified workforce and attract business; and
WHEREAS, the Zoning District Map Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program were published on August 25, 2023, and determined that with the implementation of 368
Ordinance No. 2023 - ___
ATTACHMENT NO. 2

recommend mitigation measures no significant impacts would be caused by the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, ZCA No. 22-001 is supported by the goals and policies of the General Plan; and
WHEREAS, all the notices required by statute and the Fontana Municipal Code have been given as required; and,
WHEREAS, on September 19, 2023, the Fontana Planning Commission (“Planning Commission”) conducted a noticed public hearing on the Mitigated Negative Declaration, MMRP and MCN 22-040, received public testimony and evidence presented by the Applicant, City staff, and other interested parties and recommended approval to the City Council by Resolution No. 2023-033 with a vote of 4-0; and WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the Mitigated Negative Declaration, MMRP, and MCN 22-040 and received testimony from all parties and documentation from the Planning Commission’s public hearing on September 19, 2023; and
WHEREAS, on November 14, 2023, the City Council, per Resolution 2023-____, adopted the Mitigated Negative Declaration along with the MMRP for the project; and WHEREAS, based on the information presented, the testimony received, and the supporting documents in evidence for the Mitigated Negative Declaration, MMPR and MCN. 22-040, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan as referred herein; and WHEREAS, the City wishes to protect and preserve the quality of the life throughout the City through effective land use and planning.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

SECTION 2. CEQA. Having considered the adopted Mitigated Negative Declaration and all written and oral evidence presented to the City Council , the Council finds that all environmental impacts of the Project has been address within the Mitigated Negative Declaration, and that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impacts beyond those analyzed in the Mitigated Negative Declaration. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA the City Council finds 369
Ordinance No. 2023 - ___
ATTACHMENT NO. 2

that the preparation of a subsequent or supplemental CEQA document is not required for the Project.

SECTION 3. Zoning District Map Amendment Findings. The City Council hereby makes the following findings for ZCA No. 22-001 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The zoning designation change from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) will allow for the construction of potentially 249 residential units in total as opposed to the current 32 units within this area. The surrounding streets are adequate for the future development of multi-family housing. The project will bring long-term growth to the City and will promote and motivate additional growth around this area. The zone change will allow for the development of a multifamily housing project which will be reviewed by the City’s Planning, Fire, and Building Departments. Additionally, the future development will be required to meet all Fire Codes, Building Codes, and the Fontana Municipal Code. Therefore, the zone change will promote public's health, safety, or general welfare.

SECTION 4. Zoning District Map Amendment Approval. Based upon the findings in Section 3, ZCA No. 22-001, the Zoning District Map will be amended from Single-Family (R-1) to Multi-Family Medium/High Density Residential (R-4) on the zoning district map, is necessary to protect or promote the public’s health, safety, or general welfare, and is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and is consistent with the General Plan.

SECTION 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at 370
Ordinance No. 2023 - ___
ATTACHMENT NO. 2

the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of November 2023.

READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 14th day of November 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of December 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
371
Ordinance No. 2023 - ___
ATTACHMENT NO. 2

“EXHIBIT A”

EXISTING AND PROPOSED ZONING LAND USE DESIGNATION - FOR THE ENTIRE PROJECT SITE COMPRISED OF SIX (6) PARCELS (APNS: 0246-151-50, -51, -52, -56, -71, AND -77) FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO MULTI-FAMILY MEDIUM/HIGH RESIDENTIAL (R-4)
372
City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Idilio Sanchez, Vice Chair
Ralph Thrasher, Secretary
Raj Sangha, Commissioner
Ricardo Quintana, Commissioner
Tuesday, September 19, 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, September 19, 2023. Vice Chair Sanchez called the meeting to order at 6:01 p.m.

Present: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana

Absent: Secretary Thrasher
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Ellen Miller, the Pledge of Allegiance was led by Vice Chair Sanchez.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.
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Planning Commission Minutes September 19, 2023

CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of September 5, 2023.

ACTION: A Motion was made by Commissioner Sangha and seconded by Vice Chair Sanchez and passed by a vote of 4-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha, and Quintana.

Abstain: None

Absent: Secretary Thrasher
PUBLIC HEARINGS:

PH-A Master Case No. 21-086 and Design Review No. 21-031 - A request for approval to develop seven (7) new single-family dwellings located on seven (7) existing lots totaling approximate 2.1 adjusted gross acres pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332.

Chair Fort opened Public Hearing.

Jon Dille, Associate Planner presented the staff report and answered questions of the commission.

The Commission and staff discussed the possibility of future Accessory Dwelling Units.

The applicant, Florie Smith, on behalf of Andresen Architecture, stated that she read and agreed to the Conditions of Approval.

No one spoke in favor or 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. 2023-031; and,

1. Determine that the project is categorically exempt pursuant to Section No. 15332 (Class No. 32, Infill Development), and Section No. 3.22 (Categorical 374
Planning Commission Minutes September 19, 2023

Exemptions) of the 2019 Local Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Design Review No. 21-031.

ACTION: Motion was made by Commissioner Quintana and seconded by Commissioner Sangha and passed by a vote of 4-0 to adopt Resolution PC No. 2023-031; and, approve Master Case No. 21-086; and Design Review No. 21-031 - A request for approval to develop seven (7) new single-family dwellings located on seven (7) existing lots totaling approximate 2.1 adjusted gross acres pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana.

Absent: Secretary Thrasher
PH-B Master Case No. 21-106, Tentative Tract Map 21-005 (Tract No. 20498) and Design Review No. 21-042; A request for the site and architectural review of fortysix (46) attached row houses with a tot lot and paseos, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332.

Chair Fort opened Public Hearing.

Alejandro Rico, Associate Planner presented the staff report and answered questions of the commission.

The commission questioned whether the project was gated and inquired about the project’s overflow parking. Another discussion took place regarding the row house design and breakup between structures.

The commission and staff also discussed the tot lot area and surrounding paseo, including lighting along the project’s playground and added a condition of approval requiring preparation of a tot lot lighting plan.

The applicant, Mohammad Ali Ghiassi, on behalf Calabash Fontana Holding LLC, stated that he read and agreed to the modifications on the conditions of approval.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.
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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. 2023-032; and,

1. Determine that the project is categorically exempt pursuant to Section No. 15332 (Class No. 32, Infill Development), and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Tentative Tract Map No. 21-005 (Tract No. 20498) and Design Review No. 21-042.

ACTION: Motion was made Vice Chair Sanchez and seconded by Commissioner Quintana and passed by a vote of 4-0 to adopt Resolution PC No. 2023-032; and, approve Master Case No. 21-106, Tentative Tract Map 21-005 (Tract No. 20498) and Design Review No. 21-042; A request for the site and architectural review of fortysix (46) attached row houses with a tot lot and paseos, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332; project approved with an addition noted to the Conditions of Approval related to lighting of the tot lot.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana.

Absent: Commissioner Thrasher
PH-C Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, amend the General Plan land use designation from Single-Family Residential (R-SF) to MultiFamily Medium/High Density Residential (R-MFMH) and change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on a site of approximately 6.4 acres. No development is proposed as part of this project.

Chair Fort opened Public Hearing.

Alexia De La Torre, Assistant Planner presented the staff report and answered questions of the commission.

Assistant Planner De La Torre stated that city staff received various phone calls in opposition of the project and 4 (four) written communications and 2 (two) emails in opposition.
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Staff noted that currently there is no physical development proposed for this project.

The commission and staff discussed the mitigated negative declaration and noted that once a project was submitted for approval the study would be amended to evaluate all new project factors.

Another discussion took place regarding sewer lines and how existing residents would be impacted by a potential project.

Lasty, the commission requested clarification on how a new development would affect existing residents’ privacy.

The applicant, Jason Korengold, on behalf SP Acquisition LLC., stated that there were no conditions of approval to agree to.

The following individuals spoke in opposition:
• Diane Ohiosumua
• Manuel Jimenez
• Leticia De La Parra
• Duvangmaly Saithavy
Chair Fort closed the Public Hearing.

Chair Fort directed staff to provide clarification on noticing requirements.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-033, and forward a recommendation to the City Council to:

1. Adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 22-001; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 22-001.

ACTION: Motion was made Vice Chair Sanchez and seconded by Commissioner Sangha and passed by a vote of 4-0 to approve Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to, pursuant to a Mitigated Negative Declaration and Mitigation 377
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Monitoring and Reporting Program, amend the General Plan land use designation from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on a site of approximately

6.4 acres. No development is proposed as part of this project.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana.

Absent: Commissioner Thrasher
DIRECTOR COMMUNICATIONS:

A. Director Communications:

None.

COMMENTS:

A. Public Communication Commission Comments:

Commissioner Quintana thanked city staff for their staff reports and the public for attending tonight’s meeting. Commissioner Quintana closed his comments by stating that it is an honor to serve on the Planning Commission.

Commissioner Sangha thanked staff for providing the necessary material for tonight’s meeting; expressed his excitement on new housing developments coming to the city and thanked the public for the opportunity to serve.

Vice Chair Sanchez thanked the Planning Department for their assistance; briefly commented on the Housing crisis and thanked the public for attending tonight’s meeting and sharing their opinions.

Chair Fort thanked the Planning staff for preparing information for their review which helps make good decisions. Chair Fort also thanked the public for attending tonight’s meeting and for sharing their opinions.

ADJOURNMENT:

Chair Fort adjourned the meeting at 6:08 p.m. to the next Regular Planning Commission Meeting on Tuesday, October 3, 2023, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. 378
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