Fontana — 2023-12-12

A. 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING 21-2635\nLITIGATION (Gov. Code, § 54956.9(d)(1).)\nName of Case: Anderson, Moore v. City of Fontana\n2. CONFERENCE WITH LEGAL COUNSEL – EXISTING\nLITIGATION PURSUANT TO GOVERNMENT CODE\nSECTION 54956.9 (a)\nCase: Ronald Brunn vs. City of Fontana Workers’\nCompensation (Compromise and Release)\n3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Gov. Code section 54956.8)\nProperty: APN # 0191-274-33 and 0191-284-13\nCity Negotiator: Phillip Burum, Deputy City Manager\nNegotiating Party: Randall Swedlove\nUnder Negotiating: Price and Terms of payment

A. Adjournment\nAdjourn to the next Regular City Council Meeting on January 24, 2024 at 2:00 p.m. in the\nGrover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.\nTWENTYNINE PALMS CITY COUNCIL\nREGULAR MEETING AGENDA\n6136 Adobe Road\nTwentynine Palms, CA 92277\nwww.29palms.org\nTuesday, December 12, 2023\nNOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, December\n12, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:\nREGULAR SESSION AGENDA\n6:00 P.M.\nCALL TO ORDER\nPledge of Allegiance.\nInvocation - Rev. Casey Orndorf.\nRoll Call.\nClosed Session Announcements.\nChanges to the Agenda.\nANNOUNCEMENTS\nThese proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.\nYou may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.\nThe December 26, 2023 regularly scheduled meeting of the City Council will be canceled due to the Holidays.\nThe next regularly scheduled meeting will be held on Tuesday, January 9, 2024.\nAWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

B. An Ordinance of the City Council of the City of Fontana 21-2688\nenacting a prohibition on targeted residential picketing.\nWaive reading of the text in its entirety, read by title only, and introduce\nOrdinance No. 1939, and ordinance of the City Council of the City of\nFontana enacting a prohibition on targeted residential picketing .

C. Adoption of Ordinance No. 1927 (Second Reading) 21-2652\nSecond Reading / Adoption of Ordinance No. 1927, Approving a Zoning\nDistrict Map Amendment (ZCA) No. 22-006 to update the Zoning District Map\nfrom Single-Family Residential (R-1) to Form-Based Code (FBC) for the\nproject site that is comprised of five (5) existing parcels (APNs: 0230-041-33,\n-44, -52, -60, AND -61) located on the east side of Banana Avenue\napproximately 270 feet south of the southeast corner of the intersection of\nFoothill Boulevard and Banana Avenue.

D. Adoption of Ordinance No. 1928 (Second Reading) 21-2653\nSecond Reading / Adoption of Ordinance No. 1928, Approving a\nDevelopment Code\nAmendment (ZCA) No. 22-007 to change the Form-Based Code Map,\nSection No. 30-\n406, to identify the subject properties as Route 66 Gateway sub-district for\nthe project site that is comprised of five (5) existing parcels (APNs:\n0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana\nAvenue approximately 270 feet south of the southeast corner of the\nintersection of Foothill Boulevard and Banana Avenue.

E. Adoption of Ordinance No. 1929 (Second Reading) 21-2654\nSecond Reading / Adoption of Ordinance No. 1929, Approving a Specific\nPlan Amendment No. 22-003, to amend the Southwest Industrial Park\n(SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of\nCatawba Avenue, east of Poplar Avenue and north and south of Rose\nAvenue from Residential Trucking District (RTD) to Slover East Industrial\nDistrict (SED.

F. Adoption of Ordinance No. 1930 (Second Reading) 21-2655\nSecond Reading / Adoption of Ordinance No. 1930, Approving Development\nAgreement No. 23-003 to include payment of a public benefit fee.

G. Adoption of Ordinance No. 1931 (Second Reading) 21-2656\nSecond Reading / Adoption of Ordinance No. 1931, approving a Zoning\nDistrict Map Amendment (ZCA) No. 23-004 to change the zoning designation\nof the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08,\n-09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light\nIndustrial (M-1) comprised of approximately 25 acres.

H. Adoption of Ordinance No. 1932 (Second Reading) 21-2657\nSecond Reading / Adoption of Ordinance No. 1932, approving a\nDevelopment Code Amendment (ZCA) No. 23-005 to amend Section\n30-651(A), Figure 1 of the Zoning and Development Code to add an\nEmergency Shelter Overlay District designation to Site A comprised of four\n(4) parcels (APNs: 0232-171-05, -06, -07, and -08) that includes\napproximately 7 acres.

I. Adoption of Ordinance No. 1933 (Second Reading) 21-2658\nSecond Reading / Adoption of Ordinance No. 1933, approving, pursuant to\nthe certified Environmental Impact Report for the Citrus/Oleander Industrial\nCommerce Center (State Clearinghouse No. 2022110389), Zoning District\nMap Amendment No. 23-006 to change the zoning designation for APNs\n0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and\n0255-021-17, -18, -22, -23, and -24, including a five-acre parcel where no\ndevelopment is currently proposed, from Residential Planned Community\n(R-PC) and Multi-Family Medium/High Density Residential (R-4) to\nSouthwest Industrial Park (SWIP) Specific Plan, Slover East Industrial\nDistrict for approximately 29.4 acres located west of Citrus Avenue, east and\nwest of Oleander Avenue and north of Santa Ana Avenue.

J. Adoption of Ordinance No. 1934 (Second Reading) 21-2659\nSecond Reading / Adoption of Ordinance No. 1934, Approving a Specific\nPlan Amendment No. 23-004, to amend the Southwest Industrial Park\n(SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to\ninclude the entire 29.4 acres located west of Citrus Avenue, east and west of\nOleander Avenue and north of Santa Ana Aven.

K. Adoption of Ordinance No. 1935 (Second Reading) 21-2660\nSecond Reading / Adoption of Ordinance No. 1935, Approving Development\nAgreement No. 23-085 to include payment of public benefit fee in the amount\nof $3,192,624.00 and payment of an additional $1,500,000.00 to fund design\nand construction of an Action Sports Park at Martin Tudor Regional Park.

L. Adoption of Ordinance No. 1936 (Second Reading) 21-2661\nSecond Reading / Adoption of Ordinance No. 1936, Approving Master Case\nNo. 23-090 and Municipal Code Amendment No. 23-003 amending Chapter\n30 that will modify multiple sections, including modification of appeal hearing\ntimeframes, addition of language to provide for minor and major planned unit\ndevelopments (PUDs), modification of language related to open space\nrequirements, modification of garage door design requirements; inclusion of\nlanguage to reduce landscape setback requirements to accommodate bus\nturn outs and deceleration lanes, addition of language to streamline\ndevelopment standards within Medium Density Residential (R-2) and\nMultiple Family (R-3) zoning districts, and additional recreational facilities\noptions within the Multi-Family Medium/High Density (R-4) and Multi-Family\nHigh Density Residential (R-5) zoning districts.

M. Adoption of Ordinance No. 1937 (Second Reading) 21-2662\nSecond Reading / Adoption of Ordinance No. 1937, approving Master Case\nNo. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9\nof the Municipal Code to modify Article V (Industrial Commerce Centers\nSustainability Standards), Section 9-71(f) to prohibit loading docks, truck\nentries, and truck drive aisles from abutting adjacent sensitive receptors to.

N. 2024 City Hall Holiday and City Council Meeting Calendar 21-2553\nApprove the attached proposed Calendar of City Holidays and City Council\nMeetings for the year 2024.

O. Accept the 2023 TDA Article 3 Grant Award for the Catawba 21-2626\nAvenue Safe Routes to School Project, the Rectangular\nRapid Flashing Beacons Project, and the Transit Stop\nImprovements Project\n1. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant\nAward approved by San Bernardino County Transportation Authority\n(SBCTA) for the Catawba Avenue Safe Routes to School Project in the\namount of $396,348.00.\n2. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant\nAward approved by San Bernardino County Transportation Authority\n(SBCTA) for the Rectangular Rapid Flashing Beacons Project in the\namount of $52,500.00.\n3. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant\nAward approved by San Bernardino County Transportation Authority\n(SBCTA) for the Transit Stop Improvements Project in the amount of\n$59,023.00.\n. End\n4. Adopt Resolution No. 2023-115, a Resolution of the City Council of the\nCity of Fontana authorizing the submittal of Claim Forms, submission of\nReimbursement Request Forms, and designate the City Engineer to\ncertify project completions for the Catawba Avenue Safe Routes to\nSchool Project, the Rectangular Rapid Flashing Beacons Project, and the\nTransit Stop Improvements Project related to TDA Article 3 Grant Awards.

P. Approve Task Orders for Engineering Design Services for 21-2627\nthe South Highland Avenue at Juniper Avenue Traffic\nSignal Project and the Santa Ana Avenue at Juniper\nAvenue Traffic Signal Project\n1. Approve and authorize the City Manager to execute a Task Order in a\nnot-to-exceed amount of $136,394.00 with STC Traffic, Inc. for\nEngineering Design Services for the South Highland Avenue at Juniper\nAvenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66\n2. Approve and authorize the City Manager to execute a Task Order in a\nnot-to-exceed amount of $128,914.00 with STC Traffic, Inc. for\nEngineering Design Services for the Santa Ana Avenue at Juniper\nAvenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66\n3. Approve and authorize the City Manager to execute any future\namendments to both Task Orders.\n4. Authorize the City Manager to execute any and all utility agreements,\nutility easements, and any related items on behalf of the City of Fontana\nfor the South Highland Avenue at Juniper Avenue Traffic Signal Project\nand the Santa Ana Avenue at Juniper Avenue Traffic Signal Project.

Q. Annual Report on Development Impact Fees 21-2629\nAdopt Resolution No. 2023-116, of the City Council of the City of Fontana,\napproving the Annual Report on Development Impact Fees and making\nfindings as to unexpended funds

R. Award a Construction Contract for the San Sevaine Trail 21-2647\nPhase I Segment 2 Project\n1. Award bid and authorize the City Manager to execute a Construction\nContract with H&H General Contractors, Inc. for the construction of the\nSan Sevaine Trail Phase I Segment 2 Project in the amount of\n$13,314,324, authorize a 10% contingency in the amount of $1,331,432\n(Bid No. SB-109-DE-23) contingent upon San Bernardino County\nTransportation Authority (SBCTA) Board Approval of Project Funding\nPlan, and ratify determination that the protest filed in connection therewith\nis without merit and any deficiencies asserted in connection with the\nprotest are insubstantial and waived by the City on such basis as not\naffecting the amount of the bid or otherwise providing a competitive\nadvantage.\n2. Appropriate $2,500,000 from Park Development Impact Fees (DIF) to the\nSan Sevaine Trail Phase 1 Segment 2 Project No. 3345.\n3. Authorize the City Manager to execute any and all utility agreements,\nutility easements, and any related items on behalf of the City of Fontana\nfor the San Sevaine Trail Phase 1, Segment 2 Project (SB-109-DE-23).

S. Award a Construction Contract for the Sierra Avenue 21-2633\nLandscape Median Project (Bid No. DE-24-28-SB)\n1. Award Bid and authorize the City Manager to execute a construction\ncontract with IMR Landscape, Inc. for the construction of the Sierra\nAvenue Landscape Median Project in the amount of $745,690.00 and\nauthorize a 10% contingency in the amount of $74,569.00 (Bid No. DE-24\n-28-SB).\n2. Approve and authorize the City Manager to execute any and all utility\nagreements, utility easements, and subsequent agreements on behalf of\nthe City of Fontana for the Sierra Avenue Landscape Median Project.

T. Adopt the Updated Salary Table for the Non-Classified, 21-2650\nPart-time Classifications Due to Minimum Wage Increases\nAdopt Resolution No. 2023-117, a resolution of the City Council of the City\nof Fontana adopting the non-classified, part-time salary table to comply with\nminimum wage increases, effective January 1, 2024.

U. Approve Amendment No. 8 to Professional Services 21-2663\nAgreement with David Evans and Associates Inc. and\nAmendment No. 1.6.1 to Task Order with Interwest\nConsulting Group for the San Sevaine Trail Phase 1,\nSegment 2 Project\n1. Approve and authorize the City Manager to execute Amendment No. 8 to\na Professional Services Agreement with David Evans and Associates Inc.\nfor Engineering Services for the San Sevaine Trail Phase 1, Segment 2\nProject (SQ-12-DE-87-17) in the amount of $670,119.00 for a total\ncontract amount of $1,591,941.32.\n2. Approve and authorize City Manager to execute any future amendments\nto the Professional Services Agreement.\n3. Approve and authorize the City Manager to execute Task Order 1.6.1 to\nInterwest Consulting Group, Inc. for Project Management Services for the\nSan Sevaine Trail Phase 1, Segment 2 Project (SQ-87-DE-19-04) in the\namount of $174,000.00 for a total task order amount of $305,200.00.\n4. Approve and authorize the City Manager to execute any future\namendments to the Task Order.

V. Police Department Monthly Information Update 21-2664\nAccept the Police Department monthly information update for October 2023.

W. Approve Amendment No. 1 to Task Order No. 5 with NV5, 21-2678\nInc. for Plan Check, Map Check, and WQMP Review\nServices\n1. Approve and authorize the City Manager to execute an Amendment No. 1\nto Task Order No. 5 with NV5, Inc. in the amount of $83,000 and an\namended task order total of $158,000 for additional plan check, map\ncheck, and WQMP review services.\n2. Approve and authorize the City Manager to execute any future\namendments to Task Order No. 5 with NV5, Inc

X. Termination of solar power purchase agreement with 21-2680\nGeneral Electric International Inc., for Assessor Parcel\nNumber 0192-031-026-0000.\n1. Terminate the solar power purchase agreement with General Electric\nInternational Inc., for Assessor Parcel Number 0192-031-26\n2. Authorize the City Manager to execute any and all documents to satisfy\nthe termination on behalf of the City of Fontana\n3. Remit a termination payment in the amount of $129,512.00 to General\nElectric\n4. Appropriate $129,512.00 from Fire District Fund 210 to Fund 103

Y. Award a Contract for the Interior Renovation for Stage RED 21-2687\n1. Approve and authorize the City Manager to award and execute a contract\nwith the lowest responsible/responsive bidder for the renovation of Stage\nRED (Bid No. DE-24-25-SB) in an amount not to exceed $1,400,000.\n2. Authorize the City Manager to execute any and all contract amendments\non behalf of the City of Fontana for the renovation of Stage RED.