City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, June 13, 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 KoehlerBrooks, City Treasurer
PUBLIC COMMUNICATION CLOSED SESSION:
There were no public communications received for the following items:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (1) Case: Devon King v. City of Fontana, et al., USDC Case No. EDCV 20-01071 ODW SHK CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of case: City of Fontana v. Robert Constant. Case #: CIVSB2127040 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 5495 Title of Position: City Manager CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: Mayor Acquanetta Warren and Mayor Pro Tem Peter Garcia Employee Organization(s): City Manager, Unrepresented A. Public Communications Closed Session
CLOSED SESSION:
6:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, June 13th, 2023.
Mayor Warren called the meeting to order at 6:06 p.m., with all members of the City Council present.
CALL TO ORDER/ROLL CALL:
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, June 13, 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:
Invocation/Pledge of Allegiance:
The invocation was given by Fontana Police Department Chaplain Daniel Vasquez, followed by the pledge of allegiance led by Mayor Pro Tem Garcia.
CLOSED SESSION ANNOUNCEMENT
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.
SPECIAL PRESENTATIONS:
Special Presentations
1. Mayor Warren and City Council to recognize Officers Jon Gearhart, Joe Richard and Justin Summers as the Fontana Police Department April 2023 Employees of the Month (Captain Stover to present).
Mayor Warren and City Council recognized the April 2023 Employees of the Month, thanking them for their service to the community.
2. Mayor Warren and City Council to recognize Budget and Payroll Manager, Fabiola Barrita as Finance Employee of the Year (Chief Financial Officer Jessica Brown to present).
Chief Financial Officer Jessica Brown presented the 2023 Finance Department Employee of the Year award to Budget and Payroll Manager, Fabiola Barrita.
3. Summer Water Safety Presentation (Community Services Aquatics Supervisor, Stan Clark to present).
A short video was played highlighting summer events. Community Service Aquatics Supervisor Stan Clark and Community Services Coordinator, Jessica Barragan spoke regarding Water Safety Month.
PUBLIC COMMUNICATIONS:
Public Communications
Based on the number of public comments cards received, Mayor Warren lowered the public speaking time to 2 minutes.
The following individuals spoke under public communications:
Amparo Valdivia spoke in opposition to the remodel of a planned parenthood clinic.
Andrea Schmidt, Public Affairs Senior Project manager of Planned Parenthood Services spoke in support of a new planned parenthood health center and all the health services that would be available to the community.
Ariana Chavez, health educator of Planned Parenthood Services of Orange and San Bernardino Counties, shared benefits of having a planned parenthood health center in the city.
Sandra Ayala commented in support of planned parenthood services.
Gabriela Jimenez commented in support of planned parenthood services.
Arnel Recio, a long-time resident, spoke about the diversity of the city and his city involvement as a volunteer youth minister.
Jose Chi spoke in opposition to planned parenthood clinics.
Mark Richichi spoke in opposition and expressed his concerns regarding a planned parenthood facility.
Graciela Vargas spoke in opposition of a planned parenthood clinic.
Rosemary Brown spoke regarding concerns of her neighbor building on her property line.
Father Trevor Burfitt spoke in opposition to the remodel of planned parenthood clinic.
Travon Newman spoke regarding petitions and voter rights.
R. Dale Evans, president of the Exchange Club, spoke regarding the recent Fontana Days Festival and thanked the city for its continued partnership.
Jerry Schilli spoke regarding concerns such as drivers speeding and ignoring stop signs in his neighborhood.
Pastor Daniel Vasquez spoke in opposition of planned parenthood operations.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed unanimously by a vote of 50 to adopt the Consent Calendar Items “A-AA” as follows. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None.
A. Approval of Minutes 212223
Approve the minutes of the May 9, 2023, Regular City Council Meeting, and the May 12 & 15, 2023, Special City Council Meetings.
B. Approve a Contract with Social Work Action Group to Provide 212138 Street Outreach and Case Management Services to the
Homeless Population of Fontana
1. Authorize Housing to “PiggyBack” from the County of San Bernardino’s Contract Number 21749, Amendment 2 for the Street Outreach and Homeless Case Management Services with Social Work Action Group of Lake Elsinore, CA.
2. Approve and authorize the City Manager to execute an agreement in the amount of $357,695 for Fiscal Year 20232024 and any future amendments with Social Action Group for one year and up to four (4) oneyear extensions at the sole discretion of the City of Fontana for Street Outreach and Homeless Case Management Services.
C. Adoption of Ordinance No. 1913 (Second Reading). 212222 Second Reading / Adoption of Ordinance No. 1913, An Ordinance of the City Council of the City of Fontana, California, Levying a Special Tax Within the City of Fontana Community Facilities District No. 112 (The Gardens Phase One).
D. Award bid for the purchase and installation of fabric shade 212167 structures at Bill Martin Park (10 spectator shades), Fontana Park (1 playground shade), Jack Bulik Park (14 spectator shades), Heritage Circle Park (1 playground shade), Lemon Pepper Park (1 playground shade), Miller Park (1 playground shade), Southridge Park (1 playground shade), Veterans’ West Park (8 spectator shades).
Award bid and authorize the City Manager to award a contract with NR Development Inc. of Downey CA in the amount of $1,510,980.00 for the purchase and installation of thirtysix (37) spectators shade structures and five (5) shade structures over existing playgrounds and authorize a contingency (10%) in the amount of $151,098.00.
E. Adopt Resolution No. 2023034 for Projects Funded by the 212175 Road Repair and Accountability Act SB1.
F. Award a construction contract for the 202223 SB1 Road 212180 Repair and Accountability Act for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project in the amount of $3,086,152.00 and authorize a 10% contingency in the amount of $308,615.20 (Bid No. SB117DE23).
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 Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.
G. Award bid for the purchase and installation of one (1) Metal 212191 Picnic Structure at Miller Park, and Two (2) Metal Picnic Structures at North Tamarind Park.
Award bid (SB116PW23) and authorize the City Manager to execute a contract with Western State Builders, Inc. of Escondido CA in the amount of $249,229.00 for the purchase and installation of three (3) Metal Picnic Structures and authorize a 10% contingency in the amount of $24,923.00.
H. Approve a Dedication of Right of Way for a Certain Portion of 212202 Victoria Avenue Related to a Proposed Pedestrian Bridge Across the San Sevaine Channel.
Approve and authorize the City Manager to execute a dedication of right of way for a certain portion of Victoria Avenue across the San Sevaine Channel.
I. Approve a Bond Reduction for Tract No. 20224 (InTract and 212203 Backbone Infrastructure).
Approve a reduction of the Faithful Performance and Labor and Materials bond for intract and backbone infrastructure posted by Lennar Homes of California, Inc., a California Corporation for Tract No. 20224 located on the east side of Citrus Avenue north of Duncan Canyon Road.
J. Police Department Monthly Information Update. 212215 Accept the Police Department monthly information update for April 2023.
K. Approve a Bond Reduction for Tract No. 20362 (Intract 212242 Improvements) at The Gardens Village within The Arboretum Specific Plan.
Approve a reduction of the Faithful Performance and Labor and Materials bond posted by Lennar Homes of California, Inc., a California Corporation for Tract No. 20362 (Intract Improvements), located south of Duncan Canyon Road, west of Sierra Avenue, east of Cypress Avenue, and north of Casa Grande Avenue at The Gardens Village within The Arboretum Specific Plan.
L. Approve a Landscape Bond Reduction for Tract No.’s 19960, 212226 19961 and 19962 located within The Arboretum Specific Plan.
Approve a reduction of the landscape bond guarantee for Faithful Performance posted by Lennar Homes of California, Inc., a California Corporation for Tract No.’s 19960, 19961 and 19962 (CFD Landscape Improvements), located within the Arboretum Specific Plan.
M. Approve a Second Bond Reduction for Tract No. 20153 212233 (Perimeter and Backbone/Spine Improvements) within the
Summit at Rosena Specific Plan.
.
Approve a second reduction of the Faithful Performance and Labor and Materials bonds posted by CalAtlantic Group, Inc., a Delaware corporation for Tract No. 20153 (Perimeter and Backbone/Spine Improvements), located west of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue, and south of Casa Grande Avenue within the Summit at Rosena Specific Plan.
N. Annual Update on Military Equipment Pursuant to California AB 481. 21-2255 Approve an “Annual Military Equipment Use Inventory Report” and; Renew Ordinance No. 1892 and determine this report is exempt from CEQA, pursuant to CEQA, pursuant to CEQA Guidelines Sections 15061 (b)(3).
O. Award the bid for the Purchase and Installation of new ADA 212189 Inclusive/Interactive Playgrounds at Veterans Park, Seville Park, Fernandez Park, Bill Martin Park, Northgate Park, North Tamarind Park, and Jack Bulik Park.
Award bid SB112PW23 and authorize the City Manager to execute a contract with Ortco, Inc. in the amount of $2,123,305.00 for the purchase and installation of ten (10) ADA Inclusive/Interactive Playgrounds and authorize a 10 % contingency in the amount of $212,330.50.
P. Approve a Bond Reduction for Tract No. 18881 (Backbone and 212225 InTract Public Infrastructure).
Approve a reduction of Faithful Performance and Labor and Materials bonds for backbone and intract public infrastructure posted by CalAtlantic Group, Inc. for Tract No.18881 located at the southwest corner of Sierra Lakes Parkway and Beech Avenue.
Q. Final Acceptance of Storm Drain and Sewer Improvements for 212229 Tract No.’s 16876 and 168761.
1. Accept as complete the storm drain and sewer improvements for Tract No.’s 16876 and 168761 located at the northwest corner of Knox Avenue and Citrus Avenue within the Shady Trails Community.
2. Adopt Resolution No. 2023035, accepting sewer in Tract No.’s 16876 and 168761 as part of the City sewer system.
R. Acceptance of Final Map for Tract No. 20069. 212230
Approve the Final Map for Tract No. 20069 located along Coyote Canyon Road north of Duncan Canyon Road and accept easements.
S. Approve a Bond Reduction for Tract No.’s 20363 (Intract 212232 Improvements) and 20364 (Intract Improvements) at The
Gardens Village within The Arboretum Specific Plan.
Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by Lennar Homes of California, LLC, a California limited liability company for Tract No.’s 20363 (Intract Improvements) and 20364 (Intract Improvements), located west of Sierra Avenue, north of Casa Grande Avenue, east of Cassava Drive and south of Duncan Canyon Road at The Gardens Village within The Arboretum Specific Plan.
T. Approve Construction Contract Amendment for the 8996 Olive 212239 Street Rehabilitation Project SB32HD23.
Approve and authorize the City Manager to increase the construction contract with Final Touch Construction for the rehabilitation of the 8996 Olive Street in the amount of $40,000 for a total contract authorization of $791,619.00 (Contract No. SB32HD23).
U. Award a DesignBuild Contract for the Downtown Parking 212244 Structure Project.
1. Award and authorize the City Manager to execute a DesignBuild contract with Bomel Construction Company Inc. for the Downtown Parking Structure Project in the amount of $11,909,993.00 which includes a city owned contingency in the amount of $900,000.00 (Bid No. SQ24DE23 01).
2. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Downtown Parking Structure Project.
3. Authorize the City Manager to execute any future amendments to the DesignBuild contract.
V. Award a Contract for Fontana Center Stage (Stage Red) 212246 Exterior Sandblast and Texture Coat Walls Painting.
.
Award and Authorize the City Manager to execute a contract with Mariscal Painting of South El Monte, CA in the amount of $133,000.00 to sandblast and texture coat walls and paint exterior of Center Stage (Stage Red) and authorize a contingency (10%) in the amount of $13,300.00.
W. 2022 Permanent Local Housing Allocation (PLHA) Award. 212248 Accept the State of California 2022 Permanent Local Housing Allocation (PLHA) Grant in the amount of $1,678,180;
2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;
3. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements.
X. Approve a Bond Reduction for Tract No. 20362 (Duncan 212234 Canyon Road, Sierra Avenue, and Cypress Avenue, Offsite Improvements) at The Gardens Village within The Arboretum Specific Plan.
.
Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by North Fontana Investment Company, LLC, a Delaware limited liability company for Tract No. 20362 (Duncan Canyon Road, Sierra Avenue, and Cypress Avenue, Offsite Improvements), located south of Duncan Canyon Road, west of Sierra Avenue, and east of Cypress Avenue at The Gardens Village within The Arboretum Specific Plan.
Y. Joint Community Facilities Agreement by and among the City of 212252 Fontana, the Community Facilities District No. 112 (The Gardens Phase One), and the West Valley Water District
Adopt Resolution No. 2023036 of the City Council of the City of Fontana authorizing the execution and delivery of the Joint Community Facilities Agreement.
Z. Intention to Levy Assessments for Fiscal Year 20232024 for 212256 Landscape and Lighting Maintenance Districts.
1. Adopt Resolution No. 2023037, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 1 ("LMD #1") for Fiscal Year 20232024 and Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.
2. Adopt Resolution No. 2023038, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 2 ("LMD # 2") for Fiscal Year 20232024 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.
3. Adopt Resolution No. 2023039, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape Maintenance District No. 3 ("LMD # 3") for Fiscal Year 20232024 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.
4. Adopt Resolution No. 2023040, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Landscape.
Maintenance District No. 31 ("LMD # 31") for Fiscal Year 20232024 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.
5. Adopt Resolution No. 2023041, of the City of Fontana, California, Declaring its Intention to Levy and Collect Assessments within Local Lighting Maintenance District No. 3 ("LLMD # 3") for Fiscal Year 20232024 and Giving Notice of and Setting the Time and Place of the Hearing on the Levy of the Proposed Assessment.
AA. Fiscal Year 202223 Third Quarter Budget Status Report 212260 Approve Third Quarter Budget Status Report
PUBLIC HEARINGS:
None
NEW BUSINESS:
A. New Business
A. Adopt an Ordinance Establishing New Speed Reduction (Speed 212243 Limit) Zones.
Waive further reading of and introduce Ordinance No. 1914, Establishing new speed reduction (speed limit) zones within the City of Fontana, and that the reading of the title constitutes the first reading thereof.
Per the request of Mayor and City Council, this item will be pulled from tonight’s agenda and be brought back to the City Council at a later date.
B. Capital Improvement Program Budget for Fiscal Years 212266 2023/20242029/2030.
1. Determine that the project is categorically exempt pursuant to Sections No. 15378 (Project), 15061b.3 (Review of Exemption), 15304 (Minor Alterations to Land), and 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA), and Section No. 3.22 of the Local 2019 Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption.
2. Adopt Resolution No. 2023042, of the City Council of the City of Fontana, California, adopting the Fiscal Years 2023/2024 through 2029/2030 Capital Improvement Program (CIP).
Chief Financial Officer Jessica Brown provided the staff report and answered questions of the City Council.
Mayor Warren and staff briefly discussed the Community Foundation’s appropriated budget and available fund balance.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 50 to adopt New Business Item “B” as follows:
Adopt Resolution No. 2023042, of the City Council of the City of Fontana, California, adopting the Fiscal Years 2022/2023 through 2029/2030 Capital Improvement Program (CIP).
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None C. Proposed Operating Budget for Fiscal Years 2023/24 and 212271 2024/25
1. Adopt Resolution No. 2023043, of the City Council of the City of Fontana to approve and adopt the City's Annual Operating Budget for Fiscal Years 2023/2024 and 2024/2025 and authorize adjustments for final fund balance.
2. Authorize the carryforward of available budget at fiscal yearend to the following fiscal year for all capital improvement projects.
3. Adopt Resolution No. 2023044, of the City Council of the City of Fontana establishing a General Fund Appropriations limit of $354,836,032 pursuant to Article XIII (B) of the California Constitution for Fiscal Year 2023/2024.
Chief Financial Officer Jessica Brown provided the staff report and answered questions of the City Council ACTION: Motion was made by Council Member Cothran, seconded by Council Member Sandoval, and passed unanimously by a vote of 50 to adopt the Proposed Operating Budget for Fiscal Years 2023/24 and 2024/25 for City Council, Housing Authority, Community Foundation, and the Fire District.
Adopt Resolution No. 2023043, of the City Council of the City of Fontana to approve and adopt the City's Annual Operating Budget for Fiscal Years 2023/2024 and 2024/2025 and authorize adjustments for final fund balance.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None CITY MANAGER COMMUNICATIONS:
City Manager Communications
City Manager Ballantyne thanked city staff for all their work; commended Chief Financial Officer Jessica Brown and her team for all the work put forward in putting the budget together and thanked City Council for all the guidance they have provided. In closing, City Manager Ballantyne wished Mayor Pro Tem Garcia a happy birthday.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks congratulated Budget and Payroll Manager, Fabiola Barrita for receiving Finance Employee of the Year; thanked Chief Financial Officer Brown and her team for all the hard work they provided on the Budget report.
City Clerk Key gave kudos to Economic Development Analyst, Rhonesia Perry for her amazing speech and discussion at the recent Chamber luncheon.
Council Member Sandoval commended Chief Financial Officer Brown for providing the staff report; expressed his condolences to the Tahan Family for the passing of Michael A. Tahan.
Council Member Roberts commented on his recent attendance to Washington D.C.; thanked Chief Financial Officer Brown and Budget and Payroll Manager Barrita for their assistance in preparing the budget; expressed his condolences to the Tahan Family for the passing of Michael A. Tahan.
Mayor Pro Tem Garcia thanked Chief Financial Officer, Brown for her presentation and city staff for preparing the budget; commented on several projects and improvements that were approved tonight.
Council Member Cothran expressed his condolences to the Tahan Family for the passing of Michael A. Tahan; spoke regarding his and Mayor Warren’s recent city park inspections; commented on recently attending community events and his tour at the Inland Empire Utilities Agency; briefly spoke about hosting the Miss Fontana Pageant; closed his comments by thanking city staff for bringing back the Pavement Rehabilitation Program.
Mayor Warren commented on her recent attendance to Washington D.C.; her representation of the city at the United States Conference of Mayors. Mayor Warren briefly spoke regarding leading the community; commented on recent conversations between herself and city residents; advised the public of the letter that she will be issuing which recommends the Governor’s plan on infrastructure; commented on the recent Fontana Water rate increase. Mayor Warren encouraged the public to write to the state officials with their concerns or complaints and thanked Engineering Manager Kim for providing his presentation.
Mayor Warren urged residents to report incidents; commented on her recent attendance to the Angel Tree Camp; congratulated the new Miss Fontana, Jackie Heredia; thanked the speakers who showed up at tonight’s meeting, staff, City Council members and families for the honor to serve. Lastly, Mayor Warren expressed her condolences and closed her comments by adjourning the meeting in memory of the following individuals: Mary Chevez, Tina Duarte, Eleanor Clark, and Michael A. Tahan.
ADJOURNMENT:
Adjournment
Mayor Warren adjourned the meeting at 9:04 p.m. to the next City Council Meeting on Tuesday, June 27, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. _____________________
Susana Gallardo
Specialist to the Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JUNE 27, 2023. _______________________
Germaine Key
City Clerk