Fontana — 2023-04-25

CLOSED SESSION:\nA. 6:00 P.M. CLOSED SESSION\nA. CONFERENCE WITH LEGAL COUNSEL – EXISTING 21-2153\nLITIGATION\nPURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)\n(1)\nCase: Anthony Harris v. City of Fontana\nCase # 5:23-cv-00523.\nCONFERENCE WITH LEGAL COUNSEL—ANTICIPATED\nLITIGATION\n(Gov. Code section 54956.9(d)(2).)\nInitiation of Litigation: One Potential Case

B. Accept Donation from Bel-Air Swap-Meet, Inc (68th Fontana 21-2095\nDays Run)\nAccept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use\ntowards the 2023 68th Annual Fontana Days Run.

C. Approve Police and Safety Equipment Parts and Changeover 21-2116\nService Agreement (SB-79-PW-23)\n1. Approve and award bid with West Coast Lights & Sirens, Inc. and 10-8\nRetrofit, Inc. for police and safety equipment parts and changeover services\n(SB-79-PW-23).\n2. Authorize the City Manager to execute agreement with West Coast Light\nand 10-8 Retrofit for five (5) years and any future amendments for a total of\n$350,000 annually.

D. Award a Construction Contract for the Cherry Avenue & South 21-2125\nHighland Avenue Interim Traffic Signal Project.\n1. Approve and authorize the City Manager to execute a construction\ncontract with Elecnor Belco Electric, Inc. for the construction of the Cherry\nAvenue & South Highland Avenue Interim Traffic Signal Project in the\namount of $278,589.00 and authorize a 10% contingency in the amount\nof $27,858.90 (Bid No. SB-110-DE-23).\n2. Appropriate $140,000.00 from Measure I Fund 246 to the Cherry Avenue\n& South Highland Avenue Interim Traffic Signal Project No. 0030.

E. Award bid for Community Facilities District Administration 21-2127\nServices (SP-50-FD-23) for Finance\n1. Award bid (SP-50-FD-23) and authorize the City Manager to execute a\ncontract with DTA, Inc. for the amount of not to exceed $106,925 for CFD\nAdministration Services.\n2. Approve and authorize the City Manager to execute any future amendments\nto the contract.

F. Police Department Monthly Information Update 21-2130\nAccept the Police Department monthly information update for March 2023.

A. Appeal No. 23-001: A request to overturn the Planning 21-2117\nCommission’s decision on January 17, 2023, approving\nTentative Parcel Map No. 20464 (TPM No. 20-021), Variance\nNo. 22-001, Conditional Use Permit No. 20-025, Conditional\nUse Permit No. 22-019, Conditional Use Permit No. 22-028,\nand Design Review No. 20-031 (Master Case No. 20-083)\nalong with the adoption of an Initial Study, Mitigated\nNegative Declaration, and Mitigation, Monitoring, and\nReporting Program for the development of a commercial\nretail center on an approximately 8.9 adjusted gross acre\nsite on the northwest corner of South Highland Avenue and\nCitrus Avenue (APNs: 0228-301-01 through -08,\n0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and\n52).\n1. Deny Appeal No. 23-001, thereby upholding the Planning Commission’s\ndecision on January 17, 2023, approving Tentative Parcel Map No.\n20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit\nNo. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit\nNo. 22-028, and Design Review No. 20-031 (MCN No. 20- 083) along\nwith the adoption of an Initial Study, Mitigated Negative Declaration, and\nMitigation, Monitoring, and Reporting Program for the development of\ncommercial retail center to include a banquet hall, dual branded hotel,\nrestaurant/retail building, and a drive-through restaurant (In-n-out) on an\napproximately 8.9 adjusted gross acre site on the northwest corner of\nSouth Highland Avenue and Citrus Avenue (APNs: 0228-301-01 through -\n08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).\n2. Uphold the Planning Commission decision to adopt the Mitigated\nNegative Declaration and Mitigation Monitoring Program (MMRP) and\ndirect staff to file a Notice of Determination.

B. Public Hearing on Formation of Community Facilities 21-2126\nDistrict 112 (The Gardens Phase One)\n1. Adopt Resolution No. 2023-028, of the City Council of the City of Fontana\nof formation of the City of Fontana Community Facilities District No. 112 (The\nGardens Phase One), authorizing the levy of a special tax within the\ncommunity facilities district and establishing an appropriations limit for the\ncommunity facilities district.\n2. Adopt Resolution No. 2023-029, of the City Council of the City of Fontana\ndeeming it necessary to incur bonded indebtedness within the City of\nFontana Community Facilities District No. 112 (The Gardens Phase One).\n3. Adopt Resolution No. 2023-030, of the City Council of the City of Fontana\ncalling special election for City of Fontana Community Facilities District No.\n112 (The Gardens Phase One).\n4. Adopt Resolution No. 2023-031, of the City Council of the City of Fontana\ndeclaring results of special election and directing the recording of notice of\nspecial tax lien.\n5. Read by title only and waive further reading of and introduce Ordinance\nNo. 1913 levying special taxes within the City of Fontana Community\nFacilities District No. 112 (The Gardens Phase One); and that the reading of\nthe title constitutes the first reading thereof.\n6. Adopt Resolution No. 2023-032, of the City Council of the City of Fontana\nauthorizing the execution and delivery of a Letter of Credit Agreement and an\nAcquisition and Funding Agreement.

C. User Fees for City Services 21-2131\nAdopt Resolution No. 2023-033 a resolution of the City of Fontana adjusting\nexisting user fees for various services provided by The City.