City Council Meeting

City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Regular Agenda Ord. No.1958 Reso. No. 2024-115 Tuesday, October 22, 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 October 22, 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 LEGAL COUNSEL - EXISTING 21-3378 LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of Case: VANESSA HENDERSON V. CITY OF FONTANA, CASE NO. CIVSB2405694 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4)) Page 1 of 8 City Council Meeting Regular Agenda October 22, 2024 Initiation of litigation: One Potential Case 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 October as 21-3353 National Manufacturing Month (representative from California Manufacturing Technology Consulting, Cynthia Amador to accept). SPECIAL PRESENTATIONS: A. Special Presentations A. 1. Mayor Warren and City Council to recognize, Sergeant 21-3354 Tyler Burton, Corporal Katie Beebe, and Officers Samuel Saenz, Christopher Oropesa, Hector Iniguez, Luke Gober, and Derrick Tamanaha as September 2024 Employees of the Month (Captain Burton 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: Page 2 of 8 City Council Meeting Regular Agenda October 22, 2024 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 21-3352 Approve the minutes of the October 8, 2024, Regular City Council Meeting. Attachments: City Council Meeting Minutes 10-08-2024.pdf B. Final Acceptance of the Jurupa Avenue Landscape Median 21-3310 Project Accept as complete the work performed by KASA Construction, Inc. for the construction of the Jurupa Avenue Landscape Median Project (#37600020). Attachments: Vicinity Map C. Acceptance of Final Map for Tract No. 20431 21-3330 1. Approve the Final Map for Tract No. 20431, located on the west side of Cherry Avenue and south of Foothill Boulevard; accept as public dedicated street and easements; and 2. Authorize the City Manager to enter into a Sudvision Agreement with the subdivider. Attachments: TRACT 20431 - VICINITY MAP.pdf TRACT 20431 - SUBDIVISION IMPROVEMENT AGREEMENT WITH BONDS.pdf TRACT 20431 - FINAL MAP.pdf D. Final Acceptance of Street, Storm Drain, Sewer, 21-3332 Landscape, and Signing & Striping Improvements on the northeast corner of Summit Avenue and Citrus Avenue for Tract No. 18825-1 1. Accept as complete the street, storm drain, sewer, landscape, and signing & striping improvements for Tract No. 18825-1, located on the northeast corner of Summit Avenue and Citrus Avenue. 2. Adopt Resolution No. 2024-115, accepting sewers in Tract No. 18825-1 as part of the City sewer system. Attachments: TR 18825-1 VICINITY MAP.pdf TR 18825-1 MAP.pdf TR 18825-1 BOND AND SUBDIVISION IMPROVEMENT AGREEMENT.pdf TR 18825-1 - SEWER ACCEPTANCE RESOLUTION.docx Page 3 of 8 City Council Meeting Regular Agenda October 22, 2024 E. Final Acceptance of the Randall Avenue Street 21-3348 Improvement Project, from Catawba Avenue to Citrus Avenue Accept as complete the work performed by Matich Corporation for the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue (#37600048) Attachments: Randall Ave Proj Vicinity Map.pdf F. Repayment of a loan issued from the City of Fontana to the 21-3349 Stage Red Enterprise Account Approving the MOU for the repayment of a seven hundred fifty thousand dollar ($750,000) inter-city loan from the City of Fontana General Fund to the Stage Red Enterprise Fund. Attachments: MEMORANDUM OF UNDERSTANDING CONCERNING STAGE RED LOAN.docx G. Authorization to Share Data with California Franchise Tax 21-3368 Board Adopt Resolution No. 2024-116 of the City Council of the City of Fontana authorizing the City Manager to execute an agreement between the City of Fontana and the State of California Franchise Tax Board in the Local Government Sharing Program. Attachments: FTB Agreement Resolution March 2024.docx H. Accept Donation from San Bernardino County Second 21-3371 District Supervisor, Jesse Armendarez (2024 Veterans Day Celebration) Accept donation from San Bernardino County Second District Supervisor, Jesse Armendarez in the amount of $1,000 for use towards the 2024 Veterans Day Celebration. Attachments: 101024 SBC Second District Supervisor, Jesse Armendarez (Veterans Day Celebration).pdf I. Accept Donation from Fontana Unified School Board 21-3372 Member, Adam Perez (2024 Veterans Day Celebration) Accept donation from Fontana School Board Member, Adam Perez in the amount of $1,000.00 for use towards the 2024 Veterans Day Celebration. Attachments: 101024 Fontana School Board Member, Adam Perez (Veterans Day Celebration).pdf J. Proposed Business License Fee Waiver 21-3380 Page 4 of 8 City Council Meeting Regular Agenda October 22, 2024 Consider proposal to waive delinquency fee K. A Sum in Lieu of Utility Undergrounding Deferral and Lien 21-3382 Agreement and Sum in Lieu of Utility Undergrounding Lien with Aman Brar for Assessor Parcel Number 0236-052-47. 1. Staff recommends that the City Council approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Aman Brar for Assessor Parcel Number 0236- 052-47. 2. Authorize the City Manager, or his designees, to sign and approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Aman Brar for Assessor Parcel Number 0236-052-47. Attachments: Fontana -- Aman Bar Fee in Lieu Agreement Reso.-c1.doc Aman Brar at South. Lien for Sum in Lieu of Undergrounding Utilities Agreement (003)-c1.docx Aman Brar at South- Deferral and Lien Agreement (Undergrounding Utilities)-c1.doc L. A Sum in Lieu of Utility Undergrounding Deferral and Lien 21-3383 Agreement and Sum in Lieu of Utility Undergrounding Lien with Jadel Enterprises, LLC for Assessor Parcel Number 0236-081-48. 1. Staff recommends that the City Council approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Jadel Enterprises, LLC for Assessor Parcel Number 0236-081-48. 2. Authorize the City Manager, or his designees, to sign and approve the Sum in Lieu of Utility Undergrounding Deferral and Lien Agreement and Sum in Lieu of Utility Undergrounding Lien with Jadel Enterprises, LLC for Assessor Parcel Number 0236-081-48. Attachments: Jadel Enterprises Fee In Lieu Reso.-c1.docx Jadel Enterprises LLC. Lien for Sum in Lieu of Undergrounding Utilities Agreement-c1.docx Jadel Enterprises, LLC- Deferral and Lien Agreement (Undergrounding Utilities)-c1.doc 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 Page 5 of 8 City Council Meeting Regular Agenda October 22, 2024 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: (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. Request to Continue the Public Hearing, Election, and 21-3355 Resolutions on Formation of the City of Fontana Community Facilities District No. 115M (Parcel Map No. 19156) Staff recommends that the City Council open and continue the public hearing on the formation of the City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California (“CFD No. 115M”), to the December 10, 2024 City Council meeting. B. Public Hearing, Election, and Resolutions on Formation of 21-3356 Community Facilities District No. 116M (Tract Map No. 20511) Immediately after conducting a Public Hearing on the formation of the City of Fontana Community Facilities District No. 116M, County of San Bernardino, State of California (the “District” or “Community Facilities District No. 116M”), staff recommends the City Council take the following actions in the following order: 1. Adopt Resolution No. 2024-117, Establishing the City of Fontana Community Facilities District No.116M and the Boundaries thereof (the “Resolution of Formation”). 2. Adopt Resolution No. 2024-118, Calling a Special Election and Submitting to the Voters of Community Facilities District No. 116M a Proposition Regarding the Annual Levy of Special Taxes within Community Facilities District No. 116M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 116M and a Proposition Establishing an Appropriations Limit for Community Facilities District No. 116M (the “Resolution Calling the Election”). 3. Conduct the Special Election. 4. Adopt Resolution No. 2024-119, Declaring the Results of the Special Election for Community Facilities District No. 116M 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. 116M Page 6 of 8 City Council Meeting Regular Agenda October 22, 2024 and (ii) the Establishment of an Appropriations Limit (the “Resolution Declaring Election Results”). 5. Conduct First Reading (Read title only, and waive further reading) of Ordinance No. 1958, Authorizing the Levy of a Special Tax within Community Facilities District No. 116M (the “Ordinance”). Attachments: Resolution of Formation Resolution Calling Election Resolution Declaring Election Results Ordinance CFD Report NEW BUSINESS: A. New Business A. Fiscal Year 2024-25 First Quarter Budget Status Report 21-3344 Approve the recommended Fiscal Year 2024-25 First Quarter Budget adjustments. Attachments: FY24-25 First Quarter Budget Status Report.pdf B. Issuance of Special Tax Bonds for CFD #112 (The Gardens 21-3358 Phase One) Adopt Resolution No. 2024-120, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 112 (The Gardens Phase One) Special Tax Bonds, Series 2024, in an aggregate principal amount of not to exceed $32,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions. Attachments: Resolution Indenture Continuing Disclosure Agreement Bond Purchase Agreement Official Statement Appraisal Report CITY MANAGER COMMUNICATIONS: A. City Manager Communications Page 7 of 8 City Council Meeting Regular Agenda October 22, 2024 ELECTED OFFICIALS COMMUNICATIONS/REPORTS: A. Elected Officials Communications/Reports ADJOURNMENT: A. Adjournment Adjourn to the next Regular City Council Meeting on November 12, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 8 of 8