Fontana — 2024-01-23

A. 1:00 P.M. CLOSED SESSION\nA. 1. CONFERENCE WITH LEGAL COUNSEL– EXISTING 21-2745\nLITIGATION (Gov. Code, § 54956.9(d)(1).)\nName of Case: Planned Parenthood/Orange and San\nBernardino Counties, Inc. vs. City of Fontana, Case #\nCIVSB2328945\n\n2. CONFERENCE WITH LEGAL COUNSEL– EXISTING\nLITIGATION PURSUANT TO GOVERNMENT CODE\nSECTION 54956.9 (a)\nName of Case: Catalyst – Fontana LLC vs. City of Fontana,\nCase # CIVSB2329401\n\n3. CONFERENCE WITH LEGAL COUNSEL – Significant\nExposure to Litigation\nPursuant to Government Code sec. 54956.9(e)(5): One Case

B. Adoption of Ordinance No. 1939 (Second Reading) 21-2711\nSecond Reading / Adoption of Ordinance No. 1939, approving an ordinance\nof the City Council of the City of Fontana enacting a prohibition on targeted\nresidential picketing.

C. Award bid Construction Contract for Sierra Lakes 21-2676\nPavement Rehabilitation Project (Bid No. (DE-24-42-SB)\n1. Award and authorize the City Manager to execute a construction contract\nwith Matich Corporation for the construction of the Sierra Lakes\nPavement Rehabilitation Project, the fiscal impact associated with the\napproval of this item is $1,647,818.00 (37604130-283-F-8330) and\nauthorize a 10% contingency in the amount of $164,781.80 (37604130-\n283-F-8331), Bid No. (DE-24-42-SB).\n2. Approve and authorize the City Manager to execute all utility agreements,\nutility easements, and subsequent agreements on behalf of the City of\nFontana for the Sierra Lakes Pavement Rehabilitation Project.

D. Final Acceptance of the Kathy Binks Elementary Safe 21-2697\nRoutes to School Project\nAccept as complete the work performed by CT&T Concrete Paving, Inc for\nthe construction of the Kathy Binks Elementary Safe Routes to School\nProject (#37600024) and approve the final construction amount of\n$321,737.09 (Bid No. SB-108-DE-23).

E. Approve and Authorize the City Manager to Execute an 21-2709\nSewer Easement Deed with San Bernardino County Flood\nControl as part of the Narra Hills Project\nApprove and authorize the City Manager to execute an Easement Deed with\nSan Bernardino County Flood Control District for the Narra Hills Project.

F. Declaring a Portion of Real Property City-owned on 21-2710\nOleander Avenue Exempt Surplus Land\n1. Adopt Resolution No. 2024-001, declaring a portion of real property\nCity-owned on Oleander Avenue Exempt Surplus Land, located between\nSouth Highland Avenue and Highland Avenue.

G. Lease Agreement for Fire Station 81 21-2712\n1. Approve Lease Agreement between the Fontana Fire Protection District\nand the City of Fontana.\n2. Authorize the City Manager and/or his designee(s) to execute Lease\nAgreement on behalf of the City of Fontana, including extensions and\nnon-material amendments.

H. Award a Construction Contract for the Courtplace Housing 21-2728\nDevelopment (Infrastructure Improvements) Project\n1. Award bid and authorize the City Manager to execute a Construction\nContract with Weka, Inc. of San Bernardino, CA for the construction of\nthe Courtplace Housing Development (Infrastructure Improvements)\nProject in the amount of $4,863,524.00 and authorize a 10% contingency\nin the amount of $486,352.40 (Bid No. DE-24-124-SB).\n2. Appropriate $1,779,000 from Storm Drain Fund (622), $294,000 from\nSewer Capital Projects Fund (702), and $648,000 from Circulation\nMitigation Fund (630) to the Courtplace Housing Development\n(Infrastructure Improvements) Project (PN0063).\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 Courtplace Housing Development (Infrastructure Improvements)\nProject (DE-24-124-SB).

I. 2022 Homeland Security Grant (HSGP) 21-2729\nAccept the 2022 Homeland Security Grant Program subrecipient award in the\namount $37,919 from the Office of Homeland Security.\nAuthorize the Chief of Police or his designee to sign all related grant\ndocuments including extensions or modifications for the grant; and expend\nfunds as outlined in the grant agreement.

J. Police Department Donations July - December 2023 21-2731\nAccept monetary and gift donations from multiple donors including\ncommunity programs, businesses, and citizens.

K. 2023 Edward Byrne Memorial Justice Assistance Grant 21-2733\n(JAG)\n1. Approve the Interlocal Agreement with the Town of Apple Valley, the\nCities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland,\nMontclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San\nBernardino, Upland, Victorville, and the County of San Bernardino,\nconcerning distribution of the 2023 JAG in the amount of $58,201.\n2. Authorize the City Manager to sign the Interlocal Agreement on behalf of\nthe City of Fontana for the 2023 JAG and any other documents and/or\namendments required to comply with this grant award.

L. Police Department Monthly Information Update 21-2736\nAccept the Police Department monthly information update for November\n2023.

M. Adopt a Resolution to Authorize the City Manager to Award 21-2744\nContract to Custom Craft Flooring of La Verne, California\nfor the Emergency Flooring Repair Work at the Fontana\nSenior Center\n1. Adopt Resolution No 2024-002, a resolution of the City Council of the\nCity of Fontana, recognizing that certain conditions exist with the\nflooring of the Senior Center requiring emergency repair work. This\nresolution is made in accordance with Fontana City Code Sec.10-\n147(a)(6).\n2. Authorize the City Manager, or his designee, to execute a contract\nwith Custom Craft Flooring in the amount of $214,700 with a 10%\ncontingency in the amount of $21,470 for the performance of\nemergency flooring repair work at the Fontana Senior Center.

N. Approve Purchase of Automated Camera Equipment from 21-2746\nFlock Group, Inc.\n1. Approve the purchase of Automated Camera Equipment from Flock\nGroup, Inc. to be utilized at various locations throughout the City of\nFontana.\n2. Authorize the Chief of Police or his assigned designee to sign the Order\nForm and Master Service Agreement.\n3. Authorize the Purchasing Department to issue purchase orders as\nfunding become available to Flock Group, Inc., for the purchase and\ninstallation of the Automated Camera Equipment from Federal Asset\nSeizure Fund #223 or other Fund sources.

O. Option and Purchase and Sale Agreement for City owned 21-2749\nproperty\n1. Approve the Option and Purchase and Sale Agreement with SA\nGolden Investments, LLC for city owned land located at the\nnorthwest corner of Arrow Boulevard and Sierra Avenue consisting of\napproximately 21,500 square feet, more specifically described as\nAPN’s 0191-163-26, 0191-163-17, and 0191-163-16.\n2. Authorize the City Manager to execute any documents necessary or\nappropriate to effectuate said approvals and/or agreement.

P. Contract with Serviam by Wright LLP to serve as City 21-2753\nProsecutor

Q. Acceptance of Fontana’s Downtown Revitalization Grant 21-2754\n1. Accept grant funding from the State of California in the amount of\n$3,000,000 for Fontana’s Downtown Revitalization.\n2. Authorize the City Manager to approve budget adjustments to increase\nrevenue and appropriations of $3,000,000 as detailed in the fiscal impact.\nPUBLIC HEARINGS:\nTo speak on Public Hearing Items, submit comments via e-mail at\npubliccomments@fontanaca.gov. In the subject of your e-mail please indicate whether you\nare in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on\nthe day of the meeting. Comments of no more than three (3) minutes will be read into the\nrecord at the appropriate time during the meeting. If you challenge in court any action taken\nconcerning a Public Hearing item, you may be limited to raising only those issues you or\nsomeone else raised at the Public Hearing described in this notice or in written\ncorrespondence delivered to the City at, or prior to, the Public Hearing.\nAll Public Hearings will be conducted following this format:\n(a) hearing opened (e) oral - favor\n(b) written communication (f) oral - opposition\n(c) council/staff comments (g) hearing closed\n(d) applicant comments (applicant not limited to 5 minutes)

A. Appointment of Mayor Pro Tem 21-2670\nConsider an appointment of a Council Member to the position of Mayor Pro\nTem for a one-year term.

B. Master Case No. 23-094 and Specific Plan Amendment No. 21-2690\n23-003 - An Ordinance of the City Council of the City of\nFontana, California, approving Specific Plan Amendment\nNo. 23-003 to modify the West End Specific Plan to add\n“escape rooms” as a permitted use within the light\nindustrial zoning district generally located west of cherry\navenue ease of east avenue, north of foot hill boulevard,\nand south of base line avenue pursuant to a categorical\nexemption in accordance with CEQA Guidelines Sections\n15060(c), 15061(B)(3) (the common-sense exemption), and\nSections No. 3.01 and 10.59 of the 2019 Local Guidelines\nfor Implementing CEQA and in the alternative Section\n15301 (Existing Facilities) and 15303 (New Construction or\nConversion of Small Structures) and direct staff to File a\nNotice of Exemption.\nBased on the information in the staff report staff recommends that the City\nCouncil adopt Ordinance No. 1940; and,\n1. Determine that this Ordinance is categorically exempt pursuant to the\nCalifornia Environmental Quality Act (CEQA) Guidelines Sections\n15060(c), 15061(B)(3) (the common-sense exemption), and Sections No.\n3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in\nthat the activity is covered by the general rule that CEQA applies only to\nprojects which have the potential for causing a significant effect on the\nenvironment where it can be found with certainty that there is no\npossibility that the activity in question may have a significant effect on the\nenvironment, the activity is not subject to CEQA and direct staff to File a\nNotice of Exemption;\n2. Read by title only and waive further reading of and introduce Ordinance\nNo. 1940, an Ordinance of the City Council of the City of Fontana,\napproving Master Case No. 23-094 and Specific Plan Amendment (SPA)\nNo. 23-003 to amend the West End Specific Plan to add “Escape Room”\nas a permitted use within the Light Industrial District (BP2) District in the\nWest End Specific Plan; and that the reading of the title constitutes the\nfirst reading thereof.

C. Ordinance No. 2024-1941: An Ordinance of the City Council 21-2742\nof the City of Fontana, California, Pursuant to an Exemption\nfrom the California Environmental Quality Act, Approving a\nDevelopment Agreement with Fontana Responsible and\nCompliant Retail, LLC, concerning a retail cannabis\nbusiness and Direct Staff to File a Notice of Exemption.\nBased on the information in the staff report and subject to the findings,\nconclusions, and information in the staff report, resolution and presented in\nthe public hearing, staff recommends that the City Council adopt Ordinance\nNo. 2024-1941; and recommend the City Council:\n1. Find, after review of the whole of the Project, including this Development\nAgreement, that the project is EXEMPT from the California Environmental\nQuality Act (“CEQA”), pursuant to State CEQA Guidelines Section 15301\n(Existing Facilities) and direct staff to file a Notice of Exemption; and\n2. Approve a Development Agreement with Fontana Responsible and\nCompliant Retail, LLC, based upon the findings in the staff report and\nordinance, pending adoption of an Operating Agreement with Fontana\nResponsible and Compliant Retail, LLC.\n3. Approve an Operating Agreement with Fontana Responsible and\nCompliant Retail, LLC, as required by FMC 33-21.