DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, February 27, 2024
2: 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
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 CLOSED SESSION:
A. 1: 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, January 23, 2024.
Mayor Pro Tem Garcia called the meeting to order at 1:04 p.m., with all members of the City Council present.
PUBLIC COMMUNICATION - CLOSED SESSION:
There were no public communications received for the following items:
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING
LITIGATION
Gov. Code Section 54956. 9( d)( 1))
Name of Case: Planned Parenthood/ Orange and San
Bernardino Counties, Inc. vs. City of Fontana
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code section 54956. 8)
Property: 0191- 161- 13 ( 16726 Spring Street); 0191- 161- 18 16710 Spring Street)
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: J. Esther Taylor
Under Negotiating: Price and Terms of payment
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code section 54956. 8)
Property: 0191- 162-21;0191- 162-22 ( 16767 Spring Street) City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Vincent Duarte
Under Negotiating: Price and Terms of payment
CALL TO ORDER/ ROLL CALL:
A. 2: 00 P. M. Call To Order/ Roll Call:
The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, February 27, 2024.
Mayor Warren called the Regular City Council Meeting to order at 2:04 p.m.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
ABSENT: City Treasurer Janet Koehler -Brooks and City Clerk Germaine Key were also present.
INVOCATION/ PLEDGE OF ALLEGIANCE:
A. Invocation/ Pledge of Allegiance:
The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.
CLOSED SESSION ANNOUNCEMENT:
City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.
PRESENTATIONS:
Mayor Warren and City Council recognized Engineering/ Public Works Employees of the Year.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
Andrea Schmidt of Planned Parenthood urged the Council to end the development moratorium and discussed healthcare statistics in Fontana.
Richard Stager spoke in support of Planned Parenthood.
RECESS:
Mayor Warren called for a recess at 2:20 p.m.
The meeting resumed at 2:43 p.m. with all members present.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 PUBLIC COMMUNICATIONS - CONTINUED:
A. Public Communications - Continued
Mari spoke in support of Planned Parenthood.
Guadalupe Miranda spoke in support of Planned Parenthood.
Tariq thanked the Police Department for their quick response with a recent break in. Also expressed support for Planned Parenthood.
Bobbi Jo Chavarria expressed concerns with Consent Items " B," " J," " K," " M," " N," " 0" and " P" and expressed support for Planned Parenthood.
Windi J. expressed support for Planned Parenthood.
Mayor Warren stated that the Public Communications period would continue after the Consent Calendar and New Business Items were discussed.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 5-0 to approve Consent Calendar Items " A- Q." The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
A. Approval of Minutes 21- 2827
Approve the minutes of the February 13, 2024, Regular City Council Meeting.
B. Adopt Resolution 2024- 007 of the City Council of the City of 21- 2747 Fontana approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act Adopt Resolution No. 2024- 007, approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act.
C. Award a Construction Contract for the Sidewalk Reconstruction 21- 2771 Project ( Grids 29, 35, 36, and 42)
1. Award bid and authorize the City Manager to execute a construction contract with SNZ Contractors Inc. for the construction of the Sidewalk Replacement Grids 29, 35, 36, and 42) Project in the amount of $ 232, 155. 00 and authorize a 10% contingency in the amount of $ 23,215. 50 ( Bid No. DE-24- 108- SB).
2. Approve and authorize the City Manager to execute any and all utility
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for Sidewalk Reconstruction Project ( Grids 29, 35, 36, and 42).
D. Award a Construction Contract for the Southridge Grid 53 Pavement Rehabilitation Project
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Southridge Grid 53 Pavement Rehabilitation Project in the amount of $ 1, 306, 547. 00 and authorize a 10% contingency in the amount of $ 130, 654. 70 ( Bid No. SB- 152 DE- 23).
21- 2785
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 Southridge Grid 53 Pavement Rehabilitation Project PN0061).
3. Defund $ 400, 000. 00 from the Southridge Grid 53 Pavement Rehabilitation Project ( PN0061).
E. Award a Construction Contract for the Rose Avenue Pavement 21- 2786 Rehabilitation Project ( DE- 24- 86- SB)
1. Award bid and authorize the City Manager to execute a construction contract with Dash Construction Company, Inc. for the construction of the Rose Avenue Pavement Rehabilitation Project in the amount of $ 217, 777. 00 and authorize a 10% contingency in the amount of $ 21,777. 70 ( Bid No. DE-24- 86 SB).
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 Rose Avenue Pavement Rehabilitation Project.
F. Award a Construction Contract for the 2023- 24 SB- 1 Road Repair 21- 2793 and Accountability Act for the Jurupa Avenue Pavement
Rehabilitation Project, from Hemlock Avenue to Sierra Avenue
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Jurupa Avenue Pavement Rehabilitation Project, in the amount of $ 2, 016, 716. 00 and authorize a 10% contingency in the amount of $ 201, 671. 60 ( Bid No. DE-24-87- SB).
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 Jurupa Avenue Pavement Rehabilitation Project.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 G. Award a Construction Contract for the Sierra Avenue Pavement 21- 2794 Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard
1. Award bid and authorize the City Manager to execute a construction contract with Onyx Paving Company, Inc. for the construction of the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard, in the amount of $ 848, 000. 00 and authorize a 10% contingency in the amount of $ 84, 800. 00 ( Bid No. DE- 24- 89- SB).
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 Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard ( PN0065).
3. Appropriate $ 400, 000. 00 from Capital Reinvestment Fund ( 601) to the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard ( PN0065).
H. Award a Construction Contract for the Randall Avenue Street 21- 2795 Improvement Project, from Catawba Avenue to Citrus Avenue
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Randall Avenue Street Improvement Project in the amount of $ 923, 094. 00 and authorize a 10% contingency in the amount of $ 92,309. 40 ( Bid No. DE-24- 88-SB).
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 Randall Avenue Street Improvement Project.
3. Appropriate $ 450, 000 from Capital Reinvestment Fund ( 601) and $ 210, 000 from Measure I, Local Fund ( 246) to the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue ( PN0048).
I. Approve Amendment No. 1 to Task Order with Albert Webb and 21- 2810 Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
1. Approve and authorize the City Manager to execute Amendment No. 1 to Task Order with Albert Webb and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue ( SQ- 87- DE- 19- 30) in the amount of $ 121, 800. 00 fora total contract amount of $ 425, 800. 00.
2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $ 100, 000. 00 for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 J. 2023 Parks, Recreation & Trails Master Plan Update 21- 2818 Approve and adopt the new 2023 Parks, Recreation & Trails Master Plan.
K. Purchase and Sale Agreement - Downtown Fontana Property 21- 2822
1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 8572 Sierra Avenue and 8600 Sierra Avenue, more specifically described as APNs 0191- 274- 33 and 0191- 284- 13.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/ or agreement.
L. Approve Agreement with City of San Bernardino for Animal Shelter 21-2825 Services
1. Approve an Agreement with the City of San Bernardino and the City of Fontana to provide animal sheltering services and collective shelter improvement funding.
2. Authorize the City Manager or his assigned designee to sign the Agreement for Animal Services Between the City of San Bernardino and the City of Fontana.
3. Approve an appropriation from Fund 101 to 10140221 to allow the City to pay for shelter services and improvements per the agreement with the City of San Bernardino.
M. Annual Update of Military Equipment Use Inventory Pursuant to 21- 2826 California AB 481
1. Motion to approve the "Annual Military Equipment Use Inventory Report"
2. Determine the adoption of the annual report is categorically exempt from CEQA pursuant to Section 15061( B)( 3).
N. Amend Administrative Policy Environmental Preferable Purchases 21- 2830 and Practices Policy 20- 31
Adopt Resolution 2024- 008, of the City Council of the City of Fontana, amending Administrative Policy Section 20- 31 ( Environmental Preferable Purchases and Practices)
O. Approve Funding Agreement Between OmniTrans and the Fontana 21- 2835 Police Department
1. Approve a Funding Agreement Between OmniTrans and the City of Fontana Police Department for security guard services for sixteen ( 16) months with an additional one year agreement as long as it remains in the best interest of the city.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6
2. Authorize the City Manager or his designee to sign all related agreement documents including extensions or modifications for the security services as outlined in the funding agreement.
P. Translation Services Policy 21- 2847
Approve Translation Services Policy
Q. Approve Resolution Opposing Initiative # 21- 0042A1, a November 21- 2850 2024 Statewide Ballot Proposition.
Approve Resolution No. 2024- 009, Opposing Initiative # 21- 0042A1, a November 2024 statewide ballot proposition.
NEW BUSINESS:
A. New Business
A. Fiscal Year 2023- 24 Midyear Budget Status Report 21- 2811 Approve the recommended Fiscal Year 2023- 24 Midyear Budget adjustments.
ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Cothran and passed unanimously by a vote of 5- 0 to continue New Business Item " A" to the March 12, 2024, City Council Meeting. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
B. American Rescue Plan Act Update 21- 2834
Receive update and approve revisions to the American Rescue Plan Act ARPA) Expenditure Plan, including the leveraged projects.
Chief Financial Officer Jessica Brown provided the staff report.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Sandoval, and passed unanimously by a vote of 5- 0 to approve New Business Item " B." The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None C. Annual Comprehensive Financial Report for Fiscal Year Ended 21- 2816 June 30, 2023
Receive and File the City of Fontana' s Annual Comprehensive Financial Report ACFR) for Fiscal Year ended June 30, 2023.
Deputy Finance Officer Marlene Galvan provided the staff report.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 5- 0 to approve New Business Item " C." The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None PUBLIC COMMUNICATIONS - CONTINUED:
A. Public Communications - Continued
Rafael Barajes spoke in opposition of Planned Parenthood.
Maria Barajes spoke in opposition of Planned Parenthood.
Jose Valdez spoke in opposition of Planned Parenthood.
Margo Alducin spoke in opposition of Planned Parenthood.
Susana Morales spoke in opposition of Planned Parenthood.
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matthew Ballantyne stated that Fiscal Year 2023- 24 Midyear Budget Status Reports for the Fire District and Housing Authority would also be presented at the March 12, 2024, Council meeting.
ELECTED OFFICIALS COMMUNICATIONS/ REPORTS:
A. Discussion and Possible Action Regarding Appointing Regular and Alternate Members to Local Agencies/ Regional Boards
ACTION: Motion was made by Mayor Warren, seconded by Council Member Roberts, and passed by a vote of 4- 1 to approve the following appointments:
1. Inland Empire Utility Agency( IEUA)
Representative: Council Member Cothran
Alternate: Council Member Roberts
2. San Bernardino County Transportation Authority ( SBCTA) and San Bernardino Council of Governments ( SBCOG)
Representative: Mayor Warren
Alternate: Mayor Pro Tem Garcia
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6
3. Omnitrans
Representative: Council Member Roberts
Alternate: Council Member Cothran
4. San Bernardino County Solid Waste Advisory Task ( SWAT) Representative: Mayor Pro Tem Garcia
Alternate: Mayor Warren
5. Southern California Association of Governments ( SCAG) — General Assembly Representative: Mayor Pro Tem Garcia
Alternate: Mayor Warren
6. San Bernardino County Flood Control Zone 1 & 2 Advisory Committees ( ZAC) Representative: Council Member Roberts
Alternate: Mayor Pro Tem Garcia
The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None
City Treasurer Koehler -Brooks congratulated the Public Works/ Engineering employees of the year.
City Clerk Key congratulated the Public Works/ Engineering employees of the year, commended the Mayor for the State of the City and thanked Pastor Penn of Beyond Church and Knock Knock Angels for assisting with the donation of her late daughter' s furniture to a local family in need.
Council Member Roberts congratulated the Public Works/ Engineering employees of the year, commended Public Works staff for pothole repairs and wished Police Chaplain Gregory Peck a happy birthday.
Council Member Sandoval congratulated the Public Works/ Engineering employees of the year.
Mayor Pro Tem Garcia thanked staff and the Fontana Chamber of Commerce for the success of the State of the City, encouraged all to review the City' s Annual Report, congratulated the Public Works/ Engineering employees of the year.
Council Member Cothran congratulated the Public Works/ Engineering employees of the year, encouraged all to attend the Southridge Farmer' s Market and discussed the recent Inland Empire Stryker' s Fontana Night.
Mayor Warren thanked all who attended the recent Inland Empire Stryker' s Fontana Night and those who supported the State of the City event. Also discussed Black History Month, thanked staff for all of their hard work.
DocuSign Envelope ID: C590C0A5- 5207- 40D1- 94E9- 75C5703AFED6 ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:
1. George Bloom, retired Fontana Police Lieutenant
2. Joseph Dean Binks, retired Fontana school teacher
3. Juan Bautist Garay, Rancho Cucamonga resident
Mayor Warren adjourned the meeting at 3:39 p.m. to the next Regular City Council Meeting on Tuesday, March 12, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
C(AiiSfilAztIt.dst,(L,
Christina Rudsell
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MARCH 12, 2024.
Germaine Key
City Clerk
DocuSign
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Envelope Id: C590C0A5520740D194E975C5703AFED6
Subject: City Council Meeting Minutes 2.27- 24
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