City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, May 9, 2023
7:00 PM
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
WORKSHOP:
A. 5:30 P.M. City Council Workshop
The City Council Workshop was held on Tuesday, May 9, 2023, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 5:39 p.m. with all members of the City Council present.
The City Co uncil Regular meeting agenda was reviewed and there were no City Manager comments.
There were no public communications received for the Workshop.
A. Presentation for “Stage Red” renovation plans.
Deputy City Manager Phillip Burum introduced the workshop item to the Mayor and City Council.
Representative, Jennifer Reynolds on behalf of Ideation Design Group, presented “Stage Red” renovation plans and answered questions of City Council.
City Council and representative Reynolds discussed the maximum capacity of the venue and potential grand opening dates.
The workshop adjourned at 6:07 p.m.
CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:07 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
There were no public communications received for the following items:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas, Director of Human Resources and Risk Management Employee Organization(s ): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Management Association; Police Benefits Association; Police Officers Association and Management/Confidential Employees
PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title of Position: City Manager
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
A Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, May 9, 2023. Mayor Warren called the meeting to order at 7:05 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
ABSENT: None
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
The invocation was given by Fontana Police Department Chaplain Daniel Vasquez, followed by the pledge of allegiance led by Council Member Roberts.
Prior to taking the closed session announcement, Mayor Warren announced that the City Council will be adjourning their meeting in honor of Ricardo Quintana Sr., who recently passed.
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement:
City Attorney Duran reported that the City Council met in Closed Session on the items listed on the agenda but took no reportable action.
PROCLAMATION:
A. Proclamation 21-2178
A. Mayor Warren and City Council to proclaim May as Mental Health Awareness Month (Staff from Community Outreach and Support Team (COAST) to accept).
A short video was played during this time.
Mayor Warren and City Council proclaimed May as Mental Health Awareness Month presenting a proclamation to COAST staff, Michael Hall and Fabeola Lazaro.
B. Mayor Warren and City Council to proclaim April 30 -May 6, as Professional Municipal Clerks Week (City Clerk Germaine Key to accept).
Mayor Warren and Cit y Council proclaimed April 30 -May 6, as Professional Municipal Clerks Week, presenting a proclamation to City Clerk Germaine Key.
C. Mayor Warren and City Council to proclaim Monday, May 15, 2023, as Peace Officers Memorial Day and the Week of May 14 thro ugh May 20, 2023, as National Police Week in Fontana.
Mayor Warren and City Council proclaim ed Monday, May 15, 2023, as Peace Officers Memorial Day and the Week of May 14 through May 20, 2023, as National Police We ek presenting a proclamation to Chief Michael Dorsey.
SPECIAL PRESENTATIONS:
A. Special Presentations 21-2179
Mayor Warren and City Council to recognize Records Coordinator, Kathy Kasinger as City Clerk’s Department Employee of the Year (Deputy City Manager Ray Ebert to present).
Deputy City Manager Ray Ebert presented the 2023 City Clerk’s Department Employee of the Year award to Records Coordinator Kathy Kasinger.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
1. Jennifer Shaw representative from Southern California Edison spoke regarding her departure from Southern California Edison; introduced her replacement, Melissa Boyd to Mayor and City Council and thanked the City Council, City Manager, and city staff for all the support and partnership throughout the past years.
2. Pastor Daniel Vasquez invited the entire City Council, staff, and community to come out to an upcoming community event, 2023 “Love Fontana”
3. Sebastian Cognetta introduced his organization, Allegiance Academy to Mayor and City Council; announced the opening of a new charter school in Fontana.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt the Consent Calendar Items “A-Q” as follows. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None
Council Member Sandoval abstained from Item A.
A. Approval of Minutes 21-2174
Approval of minutes of the April 21, 2023, Special City Council Meeting and the April 25, 2023, Regular City Council Meeting.
B. Award an On-Call Contract for the Slurry Seal Resurfacing Program. 21-2140
1. Award contract and authorize the City Manager to execute a contract with American Asphalt South Inc. for the On -Call Slurry Seal Resurfacing Maintenance Contract (SB-77-DE-23).
2. Approve and authorize the City Manager to execute any future amendments to the maintenance contract.
C. Approve a Cooperative Agreement with the County of San 21-2141 Bernardino for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.
1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.
2. Accept outside Agency contribution of $87,015.50 for Project No. 38104130, Pavement Rehabilitation – RMRA.
3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.
D. Approve a Professional Services Agreement for Engineering 21-2143 Design Services for the Citrus Avenue Widening at SR-210 Project (SP-81-DE-23).
1. Approve and authorize the City Manager to execute a Professional Services Agreement, in a not to exceed amount of $249,705.47 with EXP US Services Inc., for Engineering Design Services for the Citrus Avenue Widening at SR-210 Project (SP-81-DE-23).
2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement
E. Award a Professional Services Agreement for Construction 21-2144 Management Services for the Downtown Parking Structure Project SP-88-DE-23.
1. Award and authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $398,230.00 with C.W. Driver, Inc. for Construction Management Services for the Downtown Parking Structure Project, Request for Proposals SP-88-DE-23.
2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.
F. Approve Amendment No. 2 to the Professional Services 21-2149 Agreement for Engineering Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue Street Improvement (Malaga Bridge) Project.
1. Approve and authorize the City Manager to execute Amendment No. 2 to a Professional Services Agreement with T.Y. Lin International for Engineering Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue Street Improvement (Malaga Bridge) Project (SQ -04-DE- 19) in the amount of $72,357.00 for a total contract amount of $1,919,555.00.
2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.
3. Approve an increase in appropriations in the amount of $72,357 to be included in the third quarter budget report.
G. Approve a Professional Services Agreement for Design Services 21-2150 for the Date Elementary School Street Improvements Project.
1. Approve and Authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $160,310.00 with Engineering Resources of Southern California for the Date Elementary School Street Improvements Project, Request for Proposals SP-93-DE-23.
2. Approve and Authorize the City Manager to execute any future amendments to the Professional Services Agreement.
H. Final Acceptance of the Foothill Boulevard at Alder Avenue Curb 21-2151 Ramp Project.
1. Accept as complete the w ork performed by Gentry General for the construction of the Foothill Boulevard at Alder Avenue Curb Ramp Project (#36003370) and approve the final construction amount of $233,440.68 (Bid No. SB-01-DE-22).
I. Approve Amendment to David Evans and Associates, Inc. Task 21-2152 Order for Design Services for the South Highland Avenue at Mango Avenue Traffic Signal Project.
1. Approve and authorize the City Manager to execute Task Order No. 1.3 to David Evans and Associates, Inc. in the amount of $5,6 00.00 for the Design Services of South Highland Avenue at Mango Avenue Traffic Signal Project for a total contract amount of $108,985.00.
2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
J. Award Professional Services Agreement for the Comprehensive 21-2154 Development Impact Fee (DIF) Update and Nexus Study.
1. Award and authorize the City Ma nager to execute a Professional Services Agreement with David Taussig & Associates in the amount of $67,800 for the Comprehensive Development Impact Fee Update and Nexus Study and authorize a 10% contingency in the amount of $6,780 (SP-114-DS23).
2. Approve and authorize the City Manager to execute any future amendments to the contract.
K. Authorization to Apply for 2023 Lead Hazard Reduction Grant 21-2156 Program
1. Adopt and a uthorize the Fontana Housing Department to apply for the 2023 U.S. Dep artment of Housing and Urban Development Lead Hazard Reduction Grant Program.
2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of the Lead Hazard Reduction Grant Program.
L. Recreational Management System Replacement 21-2163
1. Award and authorize the City Manager to execute a contract with ACTIVENetwork for the Recreational Management System,
implementation services, maintenance, 10% contingency and the purchase of tablets in the total amount of $189,664.75 (Bid. No. SP -72-IT- 23).
2. Authorize City Manager to execute future maintenance r enewals for the Recreation Management System.
M. Skate Park Management (SP-71-CS-18) 21-2168
1. Approve a one-year extension amendment to the Skate Park Management Agreement SP-71-CS-18 between Action Park Alliance, Inc., and the City of Fontana to operate the day-to-day management of the two (2) City of Fontana Skate Parks (South Skate Park at Jack Bulik Park and the North Skate Park at Fontana Park) in the amount of $421,380.
2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
N. Award a Construction Contract for the Kathy Binks Elementary 21-2171 Safe Routes to School Project
1. Award and authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. for the construction of the Kathy Binks
Elementary Safe Routes to School Project in the amount of $322,795.00 and authorize a 10% contingency in the amount of $32,279.50 (Bid No.
SB-108-DE-23).
2.. Approve and authorize the City Manager to execute any and all utility agreements, utility easements , and subsequent agreements on behalf of the City of Fontana for the Kathy Binks Safe Routes to School Project.
O. Approve amendment No. 1 to the Professional Services Agreement 21-2183 (SQ-47-DE-23) for Architecture and Interior Design Services (Stage Red)
1. Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement (SQ -47-DE-23) with Ideation Design Group for Architectural and Interior Design servi ces for the renovation of stage RED in the amount of $115,600 for a total contract amount of $209,300 P. Approve temporary lease agreement with National Community 21-2185 Renaissance for use of a portion of the former Bank of America property.
1. Approve and authorize the City Manager to execute the short -term lease agreement with National Community Renaissance Corporation for use of approximately 8,000 square feet within the property located at 16860 Arrow Blvd.
2. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to the agreement and execute any future amendments to the lease agreement.
Q. Co-Sponsorship Application Cycle (1) FY 2023/2024. 21-2186
1. Review and approve (12) Co-Sponsorships recommended for the first half of 2023/2024 fiscal year (July 2023 through June 2024) totaling an amount of $24,572.00 as recommended by Parks, Community, and Human Services Commission.
PUBLIC HEARINGS:
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Sandoval, and passed unanimously by a vote of 5-0 to forward without recommendation the motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None
A. Second Combined General Plan Amendments and Projects for 21-2104 the 2nd General Plan Cycle of 2023; Part No. 1 (Shea Industrial Commerce Center Project) and Part No. 2 (North Fontana
Industrial Commerce Center Project).
Mayor Warren opened the public hearing.
City Attorney Duran announced that per request of the applicant, this item would be continued to a later date. City Council motioned to continue the proposed hearing to June 27, 2023.
A. New Business
A. American Rescue Plan Act Update 21-2181
Chief Financial Officer Jessica Brown provided the staff report and answered questions of the City Council.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Sandoval, and passed unanimously by a vote of 5 -0 to approve New Business Item “A” as follows:
Approve and receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged project.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Ballantyne thanked City Council and Executive staff for the positive feedback and support that he received regarding his evaluation; commented on the recent City Council Workshop where new goals were established an d that he would be reporting back with a status update before the end of the year.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked the City of Fontana’ s Community Services Department for organizing the Special Needs Prom.
City Clerk Key expressed her condolences to Planning Commissioner, Ricardo Quintana for the passing of his father; thanked city staff and Pastor Brandon Pin for the planning and coordination of the National Day of Prayer event and commented on recently attending community events.
Council Member Sandoval commended Deputy City Manager, Ray Ebert on his facilitating of the recent City Council Goal Setting Workshop; commented on the recent rent increases for small and large businesses; congratulated Jennifer Shaw on her retirement from Southern California Edison ; wished all the moms a happy Mother’s Day but noted that he specifically wanted to wish his mother a happy Mother’s Day and closed by commenting on his recent attendance to Washington DC.
Council Member Roberts congratulated City Manager Ballantyne on his positive evaluation and thanked him for his leadership; congratulated Records Coordinator Kathy Kasinger on receiving Employee of the Year.
Council Member Cothran commented on recently attending community events and his attendance at the Southern California Association of Governments meeting; commented on tonight’s approval of the Award for the Downtown Parking Structure Project and the Kathy Binks Elementary Safe Route to School Project; wished all the moms a happy Mother’s Da y; and closed by welcoming the Etiwanda Eagles students who attended tonight’s meeting.
Mayor Pro Tem Garcia commented on recently attended community events and his recent attendance at the Southern California Association of Governments meeting; commented on the City Council’s Goal setting workshop and spoke about the strong leadership and confidence in city staff; spoke regarding the revitalization of the Downtown area and the Stage Red projects; commented on the recent community roundtable discussion regarding the building of new schools up in the northern area and gave an update regarding the middle school that is planned to be built at the intersection of Citrus and Casa Grande.
Mayor Warren commented on concerns that occurred at the recent community roundtable discussion and mentioned that a follow up and future meeting would occur; spoke regarding the process of building schools within the community and explained to the public that the city does partake when building the development but ultimately this responsibility belongs to the School District.
Deputy City Manager Phillip Burum explained the process of bui lding schools, spoke regarding how the courtesy review, land selection, land zoning, purchase of land is handled and the role that the city partakes when building the schools. Deputy City Manager Burum also spoke about how new developments benefit schools and how they generate school fees.
Mayor Warren continued her comments by once again clarifying to the public that it is not the city’s responsibility to build new schools; briefly spoke about the safety of children in our locals schools and mentioned th at city would be open to discuss or speak with anyone regarding concerns or issues; mentioned the great relationship between the city and the Fontana Unified Superintendent. Mayor Warren welcomed Sebastian Cognetta and the new Charter School to the city, thanked them for their involvement in the Mayor’s Education Coalition; commented on recently attending community events and her recent attendance at the Southern California Association of Governments meeting ; thanked Pastor Brian for his role in the Nationa l Day of Prayer event.; thanked Deputy City Manager Burum for the clarification that he made to the public at tonight’s meeting; invited the public to join her at the upcoming meeting, “Coffee with the Chief” and thanked San Bernardino County Supervisor Je sse Armendarez for providing this opportunity to the public.
ADJOURNMENT:
A. Adjournment
Mayor Warren and City Council led a moment of silence in memory of Commissioner Quintana’s late father, Ricardo Quintana S enior. Mayor Warren adjourned the meeting at 8:23 p.m. to the next Special City Council Meeting on Friday, May 12, 2023, at 9:00 a.m. at 15258 Summit Ave #100, Fontana, California.
_______________________
Susana Gallardo
Specialist to the Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JUNE 13, 2023.
_______________________
Germaine Key
City Clerk