Fontana — 2024-05-28

CLOSED SESSION:\nA. 1:00 P.M. CLOSED SESSION\nA. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING 21-3040\nLITIGATION PURSUANT TO GOVERNMENT CODE\nSECTION 54956.9 (a)\nCase: Daniel Delgado- Oramas vs. City of Fontana Workers’\nCompensation (Compromise and Release)\nClaim Number: 180800090 & 0080000\n2. CONFERENCE WITH LEGAL COUNSEL – EXISTING\nLITIGATION PURSUANT TO GOVERNMENT CODE\nSECTION 54956.9 (a)\nCase: Thomas Borden vs. City of Fontana Workers’\nCompensation (Compromise and Release)\nClaim Number: 220800135\n3. CONFERENCE WITH LEGAL COUNSEL – EXISTING\nLITIGATION PURSUANT TO GOVERNMENT CODE\nSECTION 54956.9 (a)\nCase: Angela Frydendall vs. City of Fontana Workers’\nCompensation (Compromise and Release)\nClaim Number: 0909002165\n4. CONFERENCE WITH LEGAL COUNSEL - EXISTING\nLITIGATION\n(Gov. Code Section 54956.9(d)(1))\nName of Case: Catalyst - Fontana LLC v. City of Fontana, et\nal Case No. CIVSB2329401

B. Adoption of Ordinance No.1950 (Second Reading), a 21-3035\nDevelopment Agreement with Prologis Exchange 11115\nHemlock Avenue LLC\nAdoption of Ordinance No. 1950 on Second Reading, An Ordinance of the\nCity Council of the City of Fontana, California, approving, pursuant to the\ncertified Final Subsequent Environmental Impact Report, a Development\nAgreement with Prologis Exchange 11115 Hemlock Avenue LLC, providing\nfor an extended entitlement timing and enhanced environmental measures\nfor an approved industrial commerce center development of approximately\n881,826 square feet on approximately 40.01 acres, and directing staff to File\na Notice of Determination.

C. Adoption of Ordinance No. 1951 (Second Reading), an 21-3037\nupdate to the Fontana Zoning and Development Code\nAdoption of Ordinance No. 1951 on Second Reading, approving Master\nCase No. 24-019 and Municipal Code Amendment No. 24-001 to amend\nmultiple sections of Chapter 30 of the Fontana Zoning and Development\nCode, including amendments to sections 30-41, 30-43, 30-80, 30-215,\n30-217, 30-302.2, and 30-643 to remove references to the Development\nAdvisory Board; Sections 30-285 and 30-294 to correct noticing verbiage\nrelated to Tentative Maps; Sections 30-362 through 30-370 and 30-378\nthrough 30-380 to remove Form Based Code maximum lot dimensions and\nadd language to allow common and public open space for projects over two\nacres in the Form Base Code; Section 30-404 to provide common open\nspace amenity options; Section 30-467 to remove ADU owner occupancy\nrequirements consistent with state law; and Section 30-530 to remove certain\n“all other” use categories permitted in industrial zoning districts; and the\nreading of the title constitutes the first thereof.

D. Adoption of Ordinance No. 1952 (Second Reading), levying 21-3038\nspecial taxes within the City of Fontana Community\nFacilities District No. 113 (The Gardens Phase Two).\nAdopt Ordinance No. 1952 on second readying, levying special taxes within\nthe City of Fontana Community Facilities District No. 113 (The Gardens\nPhase Two).

E. Adoption of Ordinance No. 1953 (Second Reading), 21-3039\nauthorizing the Levy of a Special Tax within Community\nFacilities District No. 114M (DR Horton Los Angeles\nHolding Company, Inc)\nSecond Reading/Adopt Ordinance No. 1953 Authorizing the Levy of a\nSpecial Tax within Community Facilities District No. 114M.

F. Award Bid for the Cypress Avenue Storm Drain (Phase I) 21-3005\nProject (Bid No. DE-24-71-SB)\n1. Award bid and authorize the City Manager to execute a construction\ncontract with Downing Construction, Inc. for the construction of the\nCypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB), in\nthe amount of $15,288,124.00 and authorize a 10% contingency in the\namount of $1,528,812.40 (Bid No. DE-24-71-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 Cypress Avenue Storm Drain (Phase I) Project\n(Bid No. DE-24-71-SB).\n3. Appropriate $3,620,000.00 from Storm Drain Fund 622 to Project\n37603361, Cypress Avenue Storm Drain Project.\n4. Transfer $1,500,000.00 from Project 37600036, Septic to Sewer\nConversion, to Project 37603361, Cypress Avenue Storm Drain Project.

G. Approve a Bond Reduction for Tract No. 20010 (Offsite and 21-3012\nIn-tract Improvements), Tract No. 20069 (In-tract\nImprovements), and Tract No. 20070 (In-tract\nImprovements) for the Narra Hills Project\nApprove a bond reduction of the Faithful Performance and Labor and\nMaterials Bonds posted by LS Fontana, LLC for Tract No. 20010, Tract No.\n20069, and Tract No. 20070 located along Coyote Canyon Road (formerly\nLytle Creek Road) and north of Duncan Canyon Road.

H. 2023 Permanent Local Housing Allocation (PLHA) Award 21-3013\nand Plan\n1. Accept the State of California 2023 Permanent Local Housing Allocation\n(PLHA) Funds in the amount of $841,109;\n2. Adopt Resolution No. 2024-031, authorizing the City Manager to submit\nan application for the projects utilizing Permanent Local Housing\nAllocation (PLHA) Funds from the California Department of Housing and\nCommunity Development (HCD).\n3. Authorize the City Manager, or City Manager’s designee, to execute and\ntransmit any documents necessary or desirable, including but not limited\nto purchase agreements that may include acquisitions costs up to the full\namount of the allocated funds, to ensure the City's timely receipt and\nexecution of Permanent Local Housing Allocation (PLHA) programs;\n4. Authorize the City Manager, or City Manager’s designee, to execute and\ntransmit any documents necessary or desirable, including but not limited\nto purchase agreements that may include acquisitions costs up to the full\namount of the allocated funds, to facilitate the timely administration of the\nPermanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation,\nand Rental Program including but not limited to property purchase\nagreements;\n5. Authorize the City Manager, or City Manager’s designee, to award and\nexecute any construction contracts up to $200,000 to facilitate the timely\nadministration of the Permanent Local Housing Allocation (PLHA)\nAcquisition, Rehabilitation, and Rental Program.

I. Acceptance of Final Map for Tract No. 20521 21-3014\nApprove the Final Map for Tract No. 20521 located along Citrus Avenue\nbetween South Highland Avenue and Los Cedros Avenue; authorize the\nMayor and City Clerk to certify the abandonment of a certain portion of right\nof way of Farwell Street; and authorize the City Manager to enter into a\nSubdivision Agreement with the subdivider.

J. Award Bid of CCTV Cameras for Jack Bulik and Veteran’s 21-3018\nParks\nAward bid (DE-24-131-SB) for the purchase and installation of CCTV\ncameras at Jack Bulik and Veteran’s Park per bid in the amount of\n$134,540.74.

K. Hotel Management Agreement for Homelessness 21-3023\nPrevention Resource and Care Center (HPRCC)\n1. Approve the proposal and authorize the City Manager to enter into an\nagreement with KC Management, LLC in the amount of $120,000 for four\nmonths plus optional, additional 60-day extensions of $60,000 each for\nprofessional property management of the Homelessness Prevention\nResource and Care Center (HPRCC) located at 17133 Valley Boulevard,\nFontana CA 92335.\n2. Approve the Non-Competitive Proposal Single Source/Sole Source\nmethod of the City’s Purchasing Policies and Procedure Manual Section\n3.1.5.

A. Appeal No. 24-007: Request to overturn the Planning 21-3015\nCommission’s April 2, 2024 decision adopting a Mitigated\nNegative Declaration and Mitigation, Monitoring, and\nReporting Program and approving Tentative Parcel Map No.\n22-034 (TPM No. 20669) and Design Review No. 22-065 , for\na proposed mixed-use development comprised of 437\nresidential units with 4,000 square feet of commercial retail\narea on approximately 11.21 acres located east of Cypress\nAvenue, south of Valley Boulevard, north of Interstate (I) 10,\nand west of Juniper Avenue (APNs: 0251-171-19,\n0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and\n-35).\nDeny Appeal No. 24-007, thereby upholding the Planning Commission’s\ndecision on April 2, 2024, approving, pursuant to the adoption of a Mitigated\nNegative Declaration and Mitigation Monitoring and Reporting Program\n(MMRP), a Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design\nReview No. 22-065 to consolidate thirteen (13) parcels (APNs: 0251-171-19,\n0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35) totaling\napproximately 11.6 gross acres into two (2) parcels (Parcel No. 1 is\napproximately 5.55 acres and Parcel No. 2 approximately 5.66 acres) for the\nconstruction of a mixed-use development consisting of 437 residential units\nand 4,000 square feet of retail space on approximately 11.21 acres located\neast of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10,\nand west of Juniper Avenue.

B. California Enterprise Development Authority / REAL 21-3043\nJourney Academies, Inc.\n1. Conduct the public hearing with respect to the approval of the issuance of\nthe Obligations by the California Enterprise Development Authority;\n2. Adopt Resolution No. 2024-032, in accordance with Internal Revenue\nCode Section 147(f) authorizing the issuance of a tax-exempt obligation\nby the California Enterprise Development Authority in an amount not to\nexceed $55,500,000 for the benefit of REAL Journey Academies\nFoundation, Inc., a California nonprofit public benefit corporation and an\nentity described in Section 501(c)(3) of the Internal Revenue Code of\n1986, or a related or successor entity.