Fontana — 2024-12-10

A. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING 21-3448\nLITIGATION\n(Gov. Code Section 54956.9(d)(1))\nName of Case: LEONARDO ANGEL VEGA v CITY OF\nFONTANA; JOHN R. GEARHEART et al.\nCASE NO.: CIVSB2406036\n2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT\nTO GOVERNMENT CODE SECTION 54957.6 City Negotiator:\nMatthew Ballantyne, City Manager and Rakesha Voss,\nDirector of Human Resources and Risk Management.\nEmployee Organization(s): Teamsters Local 1932 City Hall\nBargaining Unit; Teamsters Local 1932 Yard Bargaining\nUnit; Police Management Association; Police Benefits\nAssociation; and Management/Confidential Employees.\n3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT\nTO GOVERNMENT CODE SECTION 54957.6 City Negotiator:\nMatthew Ballantyne, City Manager and Rakesha Voss,\nDirector of Human Resources and Risk Management.\nEmployee Organization(s): Police Officers Association.\n4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Gov. Code section 54956.8)\nProperty: 14355 Foothill Blvd. APN # 0230-051-03\nCity Negotiator: Phillip Burum, Deputy City Manager\nNegotiating Party: Ara Tchaghlassian, Avant Real Estate,\nLLC\nUnder Negotiation: Price and Terms of payment\n5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Gov. Code section 54956.8)\nProperty: Knox Avenue. APN#'s 0228-051-14 and\n0228-051-15\nCity Negotiator: Ray Ebert, Deputy City Manager\nNegotiating Party: Diversified Pacific Communities\nUnder Negotiation: Price and Terms of payment\n6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Gov. Code section 54956.8)\nProperty: 11109 Jasmine Street,. APN # 0238-111-53\nCity Negotiator: Phillip Burum, Deputy City Manager\nNegotiating Party: Ron Washle\nUnder Negotiation: Price and Terms of payment

B. Approve and Authorize the City Manager to Enter into an 21-3234\nAgreement Regarding Installation of a Valve Automation\nFacility within Veterans Memorial Park by Southern\nCalifornia Gas Company\nApprove and Authorize the City Manager to Enter into an Agreement\nInstallation of a Valve Automation Facility within Veterans Memorial Park by\nSouthern California Gas Company; and Authorize the City Manager to\nexecute any and all documents related to this Agreement.

C. 2025 City Hall Holiday and City Council Meeting Calendar 21-3367\nApprove the attached proposed Calendar of City Holidays and City Council\nMeetings for the year 2025.

D. Adopt the Updated Salary Table for the Non-Classified, 21-3394\nPart-time Classifications and City Hall Bargaining Unit Due\nto Minimum Wage Increases\nAdopt Resolution No. 2024-127 a resolution of the City Council of the City of\nFontana adopting the non-classified, part-time and City Hall Bargaining Unit\nsalary tables to comply with minimum wage increases, effective January 1,\n2025.

E. Approve the Purchase of Glazing Improvements for Police 21-3416\nVehicles\n1. Authorize to procure glazing improvements for police vehicles utilizing the\nPurchasing Policy and Procedure Manual 3.1.5 Non-Competitive\nProposal - by Another Public Agency using the North Carolina Sheriff’s\nAssociation Contract 25-05-0829.\n2. Approve the purchase in the amount of $266,153.45 from Dana Safety\nSupply, Inc. of Greensboro, NC for the safety equipment for the police\nvehicles.

F. Award a Construction Contract for the Pacific Electric Trail 21-3422\nCanopy (Outdoor Fitness Zone Equipment) PW-24-251-CC\nAward bid and authorize the City Manager to execute a construction contract\nwith A&R Tarpaulins, Inc. for the construction of the Pacific Electric Trail -\nCanopy (Outdoor Exercise Equipment) in the amount of $162,194.11 and\nauthorize a 10% contingency in the amount of $16,219.41 (Bid No.\nPW-24-251-CC).

G. Police Department Monthly Information Update 21-3441\nAccept the Police Department monthly information update for September\n2024.

H. Exclusive Negotiation Agreement (ENA) for property 21-3444\nlocated at 8425 Cypress Avenue.\nApprove an Exclusive Negotiation Agreement (ENA) between the City of\nFontana, the Fontana Housing Authority and Slovene Partners LLC, a\nCalifornia limited liability company to facilitate future development of an\naffordable permanent housing project and authorize the Executive Director to\nexecute the ENA; and any other related documents.

I. A Resolution of the City Council of the City of Fontana 21-3451\nApproving A Development Impact Fee Deferral Agreement\nBetween the City of Fontana and Aldea Fontana Foothill\nLLC for the Aldea Legacy Apartments Multi-Family\nResidential Housing Project and Authorize the City\nManager to Execute the Agreement and take certain\nactions to complete the transaction.\nAdopt Resolution No. 2024-128, Approving a Development Impact Fee\nDeferral Agreement Between the City of Fontana and Aldea Fontana Foothill\nLLC for the Aldea Legacy Apartments Multi-Family Residential Housing\nProject and Authorize the City Manager to Execute the Agreement and take\ncertain actions to complete the transaction.

J. A Resolution of the City Council of the City of Fontana 21-3452\nApproving A Development Impact Fee Deferral Agreement\nBetween the City of Fontana and Casa Del Sol Investments,\nLLC for a Multi-Family Residential Housing Apartment\nComplex Project and Authorize the City Manager to\nExecute the Agreement and take certain actions to\ncomplete the transaction.\nAdopt Resolution No. 2024-129, Approving a Development Impact Fee\nDeferral Agreement Between the City of Fontana and Casa Del Sol\nInvestments, LLC for a Multi-Family Residential Housing Apartment Complex\nProject and Authorize the City Manager to Execute the Agreement and take\ncertain actions to complete the transaction.

K. Co-Sponsorship Application Cycle Two (2) FY 2024/2025 21-3454\nReview and approve the seven (7) Co-Sponsorship Applications\nrecommended by the Parks, Community, and Human Services Commission\nfor the 2024/2025 fiscal year (January 2025 through June 2025). These\napplications include City support and in-kind services in the amount of\n$26,050.00.

L. Accept Donation from Bel-Air Swap-Meet, Inc. (2024 21-3460\nFestival of Winter)\nAccept donation from Bel-Air Swap-Meet, Inc. in the amount of $5,000 for\nuse towards the 2024 Festival of Winter.

M. Accept Donation from Burrtec Waste Industries, Inc. (2024 21-3472\nFestival of Winter)\nAccept donation from Bel-Air Swap-Meet, Inc. in the amount of $2,500 for\nuse towards the 2024 Festival of Winter.

N. Option and Purchase and Sale Agreement for City owned 21-3462\nproperty-14355 Foothill Blvd.\n1. Approve the Option and Purchase and Sale Agreement in the amount of\n$265,000 with Ava Property Investments, LLC for city owned land located\nat 14355 Foothill Blvd, more specifically described as APN # 0230-051-\n03.\n2. Authorize the City Manager to execute any documents necessary or\nappropriate to effectuate said approvals and/or agreement.

O. Fontana Community Senior Center Coffee/Juice Bar Lease 21-3464\nAgreement\n1. Authorize the City Manager to enter into a lease agreement with\nPaperboy Roasting Company to offer food and beverage preparation and\nretail services at the Fontana Community Senior Center; and\n2. Authorize the City Manager to enter into any documents necessary to\neffectuate said agreement.

P. Fontana 311 Support Services 21-3474\n1. Award bid (IT-25-52-SP) and authorize the City Manager to execute a\ncontract with StackNexus, Inc. for $346,000.\n2. Authorize the City Manager to execute any future amendments to the\nStackNexus agreement.

Q. Adopt Resolutions for the Administration and Examination 21-3477\nof Records of the Local Transactions and Use Tax\n(Measure T)\n1. Adopt Resolution No. 2024-131, authorizing the City Manager to execute\nagreements with the California Department of Tax and Fee Administration\nto implement a local transactions and use tax.\n2. Adopt Resolution No. 2024-132, rescinding Resolution No. 2024-102\nand authorizing examination of sales or transactions and use tax by city\nofficials and an independent contractor.

R. Automatic License Plate Recognition (ALPR) from Flock 21-3479\nGroup Inc. for equipment and 60-month contract\n1. Authorize to procure Automatic License Plate Recognition (ALPR) utilizing\nthe Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive\nProposal - Single Source/Sole Source method.\n2. Approve the purchase of the Flock Group Inc. (Flock Safety) ALPR\nequipment and software in the amount of $642,750.00.\n3. Approve and authorize the City Manager or his assigned designee to\napprove the purchase and agreement for the Flock Group Inc. (Flock\nSafety).

S. Purchase of First Responder Drones (DFR) for Public 21-3480\nSafety\n1. Authorize to procure First Responder Paladin Drones utilizing the\nPurchasing Policy and Procedure and Procedure Manual 3.1.5\nNon-Competitive Proposal - Single Source/Sole Source.\n2. Authorize the City Manager or his assigned designee to sign the\nagreement between the Paladin Drones Inc. and the Fontana Police\nDepartment for the total amount of $354,600.00.\n3. Authorize the Chief of Police or his assigned designee to continue\nto renew the annual maintenance agreements as long as it remains in\nthe best interest of the City of Fontana.

T. Annual Report on Development Impact Fees 21-3485\nAdopt Resolution No. 2024-133, of the City Council of the City of Fontana,\napproving the Annual Report on Development Impact Fees and making\nfindings as to unexpended funds.

U. Acceptance of Energy Efficiency and Conservation Block 21-3486\nGrant (EECBG) Funds\n1. Adopt Resolution No. 2024-134, Accepting $230,640 of Energy\nEfficiency and Conservation Block Grant (EECBG) funds awarded to the\nCity of Fontana by the U.S. Department of Energy.\n2. Authorize the appropriation of the awarded funds to implement eligible\nenergy efficiency and conservation projects.\n3. Authorize the City Manager, or designee, to execute all necessary\nagreements, amendments, and documentation required to administer the\ngrant.

V. 2024 City of Fontana Tree Policy Update 21-3359\nApprove and adopt Resolution No. 2024-135, updating the City’s Tree\nPolicy Manual

W. Implementation of Classification and Compensation Study 21-3453\nand Approval of Tentative Agreements for the Teamsters\nLocal 1932, Public Works and City Hall Bargaining Units.\nAdopt Resolution No. 2024-130, a resolution of the City Council of the City\nof Fontana, California, ratifying the Tentative Agreement between the\nTeamsters Local 1932, Public Works and City Hall Bargaining Units and\napproving the updated corresponding salary tables.

X. Implementation of Classification and Compensation Study 21-3494\nand Approval of Updated Terms of Employment for\nEmployees of the Management/Confidential Group.\nAuthorize the City Manager to award future one-time payments of up to\n$2,000 per employee for Management/Confidential and Executive\nemployees.

A. Introduce an Ordinance of the City Council of the City of 21-3443\nFontana, California, Pursuant to an Exemption from the\nCalifornia Environmental Quality Act, Approving a\nDevelopment Agreement with Catalyst- Fontana, LLC,\nconcerning a retail cannabis business and direct staff to\nfile a Notice of Exemption.\nBased on the information in the staff report and subject to the findings,\nconclusions, and resolution presented in the public hearing, staff\nrecommends that the City Council read by title and waive further reading and\nintroduce Ordinance No. 1960; and\n1. Find, after review of the Development Agreement, that the project is\nEXEMPT from the California Environmental Quality Act (“CEQA”),\npursuant to State CEQA Guidelines Section 15301 (Existing Facilities)\nand direct staff to file a Notice of Exemption; and\n2. Read by title only and waive further reading of and introduce Ordinance\nNo. 1960, an Ordinance of the City Council of the City of Fontana,\nCalifornia, Pursuant to an Exemption from the California Environmental\nQuality Act, Approving a Development Agreement with Catalyst -\nFontana, LLC, concerning a retail cannabis business and Direct Staff to\nFile a Notice of Exemption.\n3. Approve an Operating Agreement with Catalyst - Fontana LLC, as\nrequired by FMC 33-21.

B. Master Case No. 24-067 and Municipal Code Amendment 21-3450\nNo. 24-005: Fontana Municipal Code amendments to\nChapter 30 (Zoning and Development Code) including\nmodifications to density bonuses, entitlement extension\napprovals and minor administrative cleanup items,\nrestrictions on single-serving alcohol sales,\npremise-to-premise transfer of conditional use permits for\nalcohol sales, food truck standards, minor planned unit\ndevelopment standards, temporary use permits, in-home\nchildcare facilities, permitted land uses in the Downtown\nCore, and Form-Based Code zoning district development\nstandards, pursuant to a categorical exemption in\naccordance with CEQA Guidelines section 15060(c) and\n15061(B)(3).\n1. Determine that this Ordinance is categorically exempted pursuant to the\nCalifornia Environmental Quality Act (CEQA) Guidelines Sections\n15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and\nSections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for\nImplementing CEQA, in that the activity is covered by the general rule that\nCEQA applies only to projects which have the potential for causing a\nsignificant effect on the environment where it can be with certainty that\nthere is no possibility that the activity in question may have a significant\neffect on the environment, the activity is not subject to CEQA; and,\n2. Read by title only and waive further reading of and introduce\nOrdinance No. 1961, an Ordinance of the City Council of the City of\nFontana approving Master Case No. 24-067 and Municipal Code\nAmendment No. 24-005 to amend multiple sections of Chapter 30 of the\nFontana Zoning and Development Code, including amendments to\ndensity bonuses, entitlement extension approvals and minor\nadministrative cleanup items, restrictions on single-serving alcohol sales,\npremise-to-premise transfer of conditional use permits for alcohol sales,\nfood truck standards, minor planned unit development standards,\ntemporary use permits, in-home childcare facilities, permitted land uses in\nthe Downtown Core, and Form-Based Code zoning district development\nstandards; and the reading of the title constitutes the first thereof.

C. Master Case No. 24-069: Specific Plan Amendment No. 21-3469\n24-002, a request to modify Chapter 5.6 (Nonconforming\nStructures, Uses, and Lots) of the Southwest Industrial\nPark Specific Plan to allow legal nonconforming “Pallet\nYards” to expand operations within existing sites in the\nSouthwest Industrial Park Specific Plan, pursuant to a\ncategorical exemption in accordance with CEQA\nGuidelines sections 15162 through 15164, and Section\n15183.\n1. Determine that this Ordinance is categorically exempt pursuant to\nSections 15162 through15164, and Section 15183 of the California\nEnvironmental Quality Act (CEQA) and Section 8.10 of the City of\nFontana’s 2019 Local Guidelines for Implementing CEQA, it has been\ndetermined that the previously certified Southwest Industrial Park Specific\nPlan Program Environmental Impact Report (SWIP PEIR) (State\nClearinghouse [SCH] No. 2009091089) has adequately identified the\nimpacts associated with the Specific Plan Amendment (“proposed\nproject”) and direct staff to File a Notice of Exemption;\n2. Read by title only and waive further reading of and introduce Ordinance\nNo. 1963, an Ordinance of the City Council of the City of Fontana,\napproving a Specific Plan Amendment (SPA) No. 24-002 to amend the\nSouthwest Industrial Park (SWIP) Specific Plan, Chapter 5.6\n(Nonconforming Structures, Uses, and Lots) to allow expansions to legally\nestablished pallet yards within an existing site, and that the reading of the\ntitle constitutes the first reading thereof.

D. Quarterly Lien Action for Delinquent Sewer, Rubbish and 21-3293\nWeed Abatement Accounts\n1. Authorize staff to complete and record lien notices against real property\nfor those sewer accounts sixty days or more delinquent as described in\nCertified Lien List and direct staff to forward recorded liens to the County\nfor collection.\n2. Authorize staff to complete and record liens against real property for\nthose rubbish accounts more than ninety days delinquent as described in\nthe Certified Lien List and direct staff to forward recorded liens to the\nCounty for collection.\n3. Adopt Resolution No. 2024-136, of the City Council of the City of\nFontana adopting the statement of unpaid expenses for weed abatement\nand imposing a lien against real property for payment thereof.

E. Continuation of the Public Hearing, Election, and 21-3478\nResolutions on Formation of Community Facilities District\nNo. 115M (Parcel Map No. 19156).\nImmediately after conducting a Public Hearing on the formation of the City of\nFontana Community Facilities District No. 115M, County of San Bernardino,\nState of California (the “District” or “Community Facilities District No. 115M”),\nstaff recommends the City Council take the following actions in the following\norder:\n1. Adopt Resolution No. 2024-137, Establishing the City of Fontana\nCommunity Facilities District No. 115M and the Boundaries thereof (the\n“Resolution of Formation”).\n2. Adopt Resolution No. 2024-138, Calling a Special Election and\nSubmitting to the Voters of Community Facilities District No. 115M a\nProposition Regarding the Annual Levy of Special Taxes within\nCommunity Facilities District No. 115M to Pay the Costs of Certain\nServices to be Provided by Community Facilities District No. 115M and a\nProposition Establishing an Appropriations Limit for Community Facilities\nDistrict No. 115M (the “Resolution Calling the Election”).\n3. Conduct the Special Election.\n4. Adopt Resolution No. 2024-139, Declaring the Results of the Special\nElection for Community Facilities District No. 115M on the Propositions\nwith Respect to (i) the Annual Levy of Special Taxes to Pay the Costs of\nCertain Services to be provided by Community Facilities District No. 115M\nand (ii) the Establishment of an Appropriations Limit (the “Resolution\nDeclaring Election Results”).\n5. Conduct First Reading (Read title only, and waive further reading) of\nOrdinance No. 1964, Authorizing the Levy of a Special Tax within\nCommunity Facilities District No. 115M (the “Ordinance”).