City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No. 1950 Reso. No. 2024-019 Tuesday, May 14, 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 City Council Meeting Regular Agenda May 14, 2024 Welcome to a meeting of the Fontana City Council. Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office. Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602. The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors. PUBLIC COMMUNICATION - CLOSED SESSION: This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council. A. Public Communications - Closed Session CLOSED SESSION: A. 1:00 P.M. CLOSED SESSION A. 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT 21-3006 TO GOVERNMENT CODE SECTION 54957.6 Class & Compensation Study Discussion City Negotiator: Matt Ballantyne, City Manager and Rakesha Voss, Director of Human Resources and Risk Management. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1)) Page 1 of 13 City Council Meeting Regular Agenda May 14, 2024 Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401 3. 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 CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: PROCLAMATION: A. Proclamation A. 1. Mayor Warren and City Council to proclaim May 5-11, 21-2984 2024, as Professional Municipal Clerk's Week (City Clerk Germaine Key to accept). 2. Mayor Warren and City Council to proclaim the month of May 2024 as National Building and Safety Month (Building and Safety Director Jeffrey Baughman to accept). 3. Mayor Warren and City Council to proclaim Wednesday, May 15, 2024, as POLICE OFFICERS MEMORIAL DAY in Fontana and the week of May 11-17, 2024, as National Police Week in Fontana (Police Officer Association President, Jason Delair to accept). SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor Warren and City Council to swear in new Fontana 21-2985 Police Officers Alex Chuy, Imaad Sally, and Bishop Thompson (Chief Michael Dorsey to present). 2. Mayor Warren and City Council to swear in new San Bernardino County Firefighters, (Assistant Chief, Jeff Birchfield to present). 3. Mayor Warren and City Council to recognize Account Page 2 of 13 City Council Meeting Regular Agenda May 14, 2024 Payable Clerk, Patricia Valdez on her retirement (Chief Financial Officer, Jessica Brown to present). PUBLIC COMMUNICATIONS: This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council. A. Public Communications CONSENT CALENDAR: All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion. Approve Consent Calendar Items as recommended by staff. A. Approval of Minutes 21-2994 Approve the minutes of the April 23, 2024, Regular City Council Meeting. Attachments: City Council Meeting Minutes 04-23-2024.pdf B. Adoption of Ordinance No.1949 (Second Reading), a 21-2993 Development Agreement with HS Fontana Retail, LLC Adoption of Ordinance No. 1949 on Second Reading, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Development Agreement with HS Fontana Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption. Attachments: Ord. No 1949R.docx C. Purchase and Sale Agreement - Downtown Fontana 21-2955 Property 1. Approve a Purchase and Sale Agreement for the purchase of property located at 16710 and 16726 Spring Street, more specifically described as APNs #0191-161-13 and 0191-161-18. 2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. Attachments: Attachment - Purchase and Sale Agreement_16710 AND 16726 Spring Street_Fully Executed.pdf Page 3 of 13 City Council Meeting Regular Agenda May 14, 2024 D. Award a Construction Contract for Public Works Concrete 21-2960 Maintenance Project (PW-24-133-SB) Approve and authorize the City Manager to execute a construction contract with We R Builders, Inc. from Glendale CA for the construction of the Public Works Concrete Maintenance Project in the amount of $289,836.00 and authorize a 10% contingency in the amount of $28,983.60 Attachments: Bid Summary We R Builders Bid - PW-24-133-SB.pdf Vicinity Map Sierra Lakes Concrete Project.pdf E. Adopt a Resolution for Projects Funded by the Road Repair 21-2968 and Accountability Act SB 1 Adopt Resolution No. 2024-019 of the City Council of the City of Fontana to incorporate projects funded by SB 1, the Road Repair and Accountability Act for Fiscal Year 2024/2025. Attachments: 2024-019 Resolution no.docx F. Approve a Professional Services Agreement for 21-2986 Architectural Design Services for the Forge Studios and Innovation Lab Project (DE-24-160-SP) 1. Approve and authorize the City Manager to execute a Professional Services Agreement in a not-to-exceed amount of $467,690.00 with DSEA, Inc. for Architectural Design Services for the Forge Studios and Innovation Lab Project, Request for Proposals DE-24-160-SP. 2. Approve and authorize the City Manager to execute future individual amendments to the Professional Services Agreement not exceeding $100,000.00 for the Forge Studios and Innovation Lab Project, Request for Proposals DE-24-160-SP. 3. Approve and 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 Forge Studios and Innovation Lab Project. Attachments: Vicinity Map.pdf Evaluation Results.pdf Forge Studios Professional Services Agreement.pdf G. Approve a Task Order for Geotechnical Engineering and 21-2987 Materials Testing Services for the Downtown West Parking Structure Project. 1. Approve and authorize the City Manager to execute a Task Order in a Page 4 of 13 City Council Meeting Regular Agenda May 14, 2024 not-to-exceed amount of $321,478.00 with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Engineering and Material Testing Services for the Downtown West Parking Structure Project, Request for Proposals SQ-87-DE-19-88. 2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $100,000.00 for the Downtown West Parking Structure Project. 3. Approve and 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 West Parking Structure Project Attachments: Vicinity Map (DWPS).pdf Evaluation Results (DWPS).pdf H. Final Acceptance of Street, Storm Drain, Sewer, Traffic 21-2988 Signal, and Signing & Striping Improvements on the southwest corner of South Highland Avenue and Mango Avenue for Tract No. 20441 1. Accept as complete the street, storm drain, sewer, traffic signal, and signing & striping improvements for Tract No. 20441 located on the southwest corner of South Highland Avenue and Mango Avenue. 2. Adopt Resolution No. 2024-020 of the City Council of the City of Fontana accepting public sewers in Tract No. 20441 as part of the City sewer system. Attachments: VICINITY MAP TRACT 20441.pdf TRACT MAP 20441.pdf TRACT 20441 - RESOLUTION.doc I. Acceptance of Final Map for Tract No. 20512 21-2989 Approve the Final Map for Tract No. 20512, located on the northeast corner of Citrus Avenue and Summit Avenue, and accept easements. Attachments: VICINITY MAP.pdf TRACT MAP 20512.pdf J. Approve a Bond Reduction for Tract No. 17041 - Lot 3 21-2990 (In-tract Improvements) located within the Citrus Heights North Specific Plan (Shady Trails). Approve a reduction of the Faithful Performance Bond, Labor and Material Bond, and the Warranty Bond posted by PLC Shady Trails LLC, a Delaware Limited Liability Company, for Tract 17041 - Lot 3 in-tract improvements consisting of street, street light, storm drain, and sewer, located within the Page 5 of 13 City Council Meeting Regular Agenda May 14, 2024 Citrus Heights North Specific Plan (Shady Trails). Attachments: Bonds - Tract 17041-Lot 3.pdf Tract 17041.pdf Vicinity Map.pdf K. Police Department Monthly Information Update 21-2995 Accept the Police Department monthly information update for March 2024. Attachments: March 2024 Report for City Council Rev.pptx L. Final Acceptance of the Cypress Center and Knopf Center 21-3000 Tenant Improvements Project. 1. Accept as complete the work performed by Fidelity Builders for the tenant improvements to the Cypress and Knopf Center Project (PW-24-20-PW) and approve the final construction costs of $477,275.50. 2. Authorize the Public Works Director to file a Notice of Completion and release the 5% retention. M. Co-Sponsorship Application Cycle One (1) FY 2024/2025 21-3002 Review and approve (17) Co-Sponsorships recommended for the first half of the 2024/2025 fiscal year (July 2024 through June 2025) totaling $41,728 in in-kind support as recommended by the Parks, Community, and Human Services Commission. Attachments: Attachment A Co-Sponsorship Policy.pdf Attachment B_Feb24.pdf Attachment C_Feb '24.pdf Attachment D w_out Revenue Loss_Feb24.pdf Attachment E_Priority Matrix_Feb '24.pdf PUBLIC HEARINGS: To speak on Public Hearing Items, submit comments via e-mail at publiccomments@fontanaca.gov. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing. All Public Hearings will be conducted following this format: Page 6 of 13 City Council Meeting Regular Agenda May 14, 2024 (a) hearing opened (e) oral - favor (b) written communication (f) oral - opposition (c) council/staff comments (g) hearing closed (d) applicant comments (applicant not limited to 5 minutes) A. Public Hearing for Consideration and Adoption of a 21-2950 Campaign Sign Deposit Adopt Resolution No. 2024-021, adopting a refundable campaign sign deposit. Attachments: Reso 2024-021.docx B. Appeal No. 24-003, Appeal No 24-004, and Appeal No. 21-2969 24-006: Requests to overturn the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 certifying a Final Environmental Impact Report (FEIR), State Clearinghouse Number (SCH No.) 202112059 and adopting a Mitigation, Monitoring, and Reporting Program (MMRP) for the consolidation of 22 parcels into one parcel and the development of an industrial warehouse building totaling approximately 623,460 square feet on approximately 29.8 acres on the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25). 1. Deny Appeal No. 24-003, Appeal No. 24-004, and Appeal No. 24-006, thereby upholding the Planning Commission’s decision on March 19, 2024 approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 along with the certification of a Final Environmental Impact Report (EIR), State Clearinghouse Number (SCH No. 202112059) and adoption of a Mitigation, Monitoring, and Reporting Program (MMRP) for the consolidation of 22 parcels into one parcel and development of an industrial commerce building totaling approximately 623,460 square feet on approximately 29.8 acres located at the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, - 03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11 , -12, -14, -15, -16, -20, -23, & -25). 2. Uphold the Planning Commission’s decision to Certify the FEIR, SCH No. 20212059 and adopt the MMRP and direct staff to file a Notice of Determination. APPELLANTS / APPEAL APPLICANTS: Appeal No. 24-003: Golden State Environmental Justice Alliance, PO Box Page 7 of 13 City Council Meeting Regular Agenda May 14, 2024 79222, Corona, CA 92877. Appeal No. 24-004: Advocates for the Environment, 10211 Sunland Boulevard, Shadow Hills, CA 91040. Appeal No. 24-006: Adams Broadwell Joseph & Cardozo for CARE CA, 520 Capitol Mall, Suite No. 350, Sacramento, CA 95814. Attachments: Attachment No. 1 - Vicinity Map Attachment No. 2 - Appellant Letter (Golden State Environmental Justice Alliance&Response Memorandum Attachment No. 3 - Appellant Letter (Advocates for the Environment & Response Memorandum Attachment No. 4 - Appellant Letter (Adams Broadwell Joseph & Cardozo-CARE CA) & Response Memorandum Attachment No. 5 - Planning Commission March 19, 2024 packet Attachment No. 6 - Planning Commission Minutes Attachment No. 7 -Clerk of the Board Fee Receipt and NOD Attachment No. 8 - Public Hearing Notice C. Appeal No. 24-002 and Appeal No. 24-005: Requests to 21-2963 overturn the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs: 0237-131-25, 0237-131-26, and -27). 1. Deny Appeal No. 24-002 and Appeal No. 24-005, thereby upholding the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation Monitoring and Reporting Program (MMRP) for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs: 0237-131-25, 0237-131-26, and -27). 2. Uphold the Planning Commission decision to certify the FSEIR, SCH No. 2009091089, and adopt the MMRP and direct staff to file a Notice of Determination. APPELLANTS / APPEAL APPLICANTS: Page 8 of 13 City Council Meeting Regular Agenda May 14, 2024 Appeal No. 24-002: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877 Appeal No. 24-005: Adams Broadwell Joseph and Cardozo for Californians Allied for a Responsible Economy (CARE CA): 601 Gateway Boulevard Ste 1000, South San Francisco, CA 94080 Attachments: Attachment No. 1 - Vicinity Map Attachment No. 2 - Appellant letter and Response Memorandum (Golden State Environmental Justice Alliance) Attachment No. 3 - Appellant letter and Response Memorandum (CARE) Attachment No. 4 - Planning Commission March 19, 2024 packet Attachment No. 5 - Planning Commission Minutes Attachment No. 6 - Clerk of the Board Fee Receipt and NOD Attachment No. 7 - Public hearing Notice D. Master Case No. 22-143, Development Agreement (AGR) 21-2923 No. 24-002: An Ordinance of the City Council of the City of Fontana, California, approving, pursuant to the certified Final Subsequent Environmental Impact Report, a Development Agreement with Prologis Exchange 11115 Hemlock Avenue LLC, providing for an extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres, and directing staff to File a Notice of Determination. Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report and presented in the public hearing, staff recommends that the City Council: 1. Find that the project has been reviewed under a previously certified Final Subsequent Environmental Impact Report (State Clearinghouse No. 2009091089), pursuant to Section 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and that no further analysis is required, and direct staff to file a Notice of Determination; and 2. Read by title only and waive further reading of and introduce Ordinance No. 1950, an Ordinance of the City Council of the City of Fontana, pursuant to the certified Final Subsequent Environmental Impact Report (SCH 2009091089) for the project, approving Development Agreement (AGR) No. 24-002 between the City of Fontana and Prologis Exchange 11115 Hemlock Avenue LLC, which provides for extended entitlement Page 9 of 13 City Council Meeting Regular Agenda May 14, 2024 timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres. Attachments: Attachment No. 1 - Vicinity Map Attachment No. 2 - Planning Commission March 19, 2024 packet Attachment No. 3 - Planning Commission Minutes Attachment No. 4 - Ordinance Attachment No. 5 - Notice of Determination Attachment No. 6 - Public hearing notice.docx E. Master Case No. 24-019 and Municipal Code Amendment 21-2924 No. 24-001: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3). 1. Determine that this project is Categorically Exempt pursuant Sections 15060(c), 15061(B)(3) (the “common-sense” exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and, 2. Read by title only and waive further reading of and introduce Ordinance No. 1951, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30-285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30-362 through 30- 370 and 30-378 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30-467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; and the reading of the title constitutes the first thereof. Attachments: Attachment No. 1 - Ordinance Attachment No. 2 - Notice of Exemption Attachment No. 3 - Public Hearing Notice Phase 3 F. Public Hearing on Formation of Community Facilities 21-3001 District No. 113 (The Gardens Phase Two) 1. Adopt Resolution No. 2024-022, of the City Council of the City of Page 10 of 13 City Council Meeting Regular Agenda May 14, 2024 Fontana of formation of the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district. 2. Adopt Resolution No. 2024-023, of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two). 3. Adopt Resolution No. 2024-024, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two). 4. Adopt Resolution No. 2024-025, of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien. 5. Read by title only and waive further reading of and introduce Ordinance No. 1952 levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two); and that the reading of the title constitutes the first reading thereof. 6. Adopt Resolution No. 2024-026, of the City Council of the City of Fontana authorizing the execution and delivery of Joint Community Facilities Agreements. 7. Adopt Resolution No. 2024-027, of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement. Page 11 of 13 City Council Meeting Regular Agenda May 14, 2024 Attachments: Resolution of Formation Resolution Deeming Necessity Resolution Calling Special Election Resolution Declaring Results Ordinance to Levy Special Tax Resolution Approving Joint Community Facilities Agreement Resolution Approving Letter of Credit Agreement and Acquisition Agreement Concurrence of Election Official Notice of Special Tax Lien CFD No. 113 (The Gardens Phase Two) CFD Report North Fontana Investment Co. Consent and Waiver Richmond American Consent and Waiver West Valley Water District Joint Community Facilities Agreement Acquisition and Funding Agreement Letter of Credit Agreement G. Public Hearing, Election, and Resolutions on Formation of 21-3003 Community Facilities District No. 114M (Tract 20512) Immediately after conducting a Public Hearing on the formation of the City of Fontana Community Facilities District No. 114M (the “District” or “Community Facilities District No. 114M”), staff recommends the City Council take the following actions in the following order: 1. Adopt Resolution No. 2024-028, Establishing the City of Fontana Community Facilities District No. 114M (the “Resolution of Formation”). 2. Adopt Resolution No. 2024-029, Calling a Special Election and Submitting to the Voters of Community Facilities District No. 114M a Proposition with Respect to the Annual Levy of Special Taxes within Community Facilities District No. 114M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 114M and a Proposition with Respect to the Establishment of an Appropriations Limit for Community Facilities District No. 114M (the “Resolution Calling the Election”). 3. Conduct the Special Election. 4. Adopt Resolution No. 2024-030, Declaring the Results of the Special Election for Community Facilities District No. 114M on the Propositions with Respect to (i) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be provided by Community Facilities District No. 114M and (ii) the establishment of an appropriations limit (the “Resolution Page 12 of 13 City Council Meeting Regular Agenda May 14, 2024 Declaring Election Results”). 5. Conduct First Reading (Read title only, and waive further reading) of Ordinance No. 1953, Authorizing the Levy of a Special Tax within Community Facilities District No. 114M (the “Ordinance”). Attachments: Resolution of Formation Resolution Calling Special Election Resolution Declaring Election Results Ordinance Authorizing Levy of Special Taxes CFD No. 114M CFD Report NEW BUSINESS: A. New Business A. Fiscal Year 2023-24 Third Quarter Budget Status Report 21-2997 Approve the recommended Fiscal Year 2023-24 Third Quarter Budget adjustments. Attachments: Fiscal Year 2023-24 Third Quarter Budget Status Report.pdf B. American Rescue Plan Act Update 21-3004 Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects. Attachments: Attachment A.pdf Attachment B.pdf CITY MANAGER COMMUNICATIONS: A. City Manager Communications ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the next Regular City Council Meeting on May 28, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 13 of 13