Fontana — 2023-06-13

CLOSED SESSION:\nA. 6:00 P.M. CLOSED SESSION\nA. CONFERENCE WITH LEGAL COUNSEL – EXISTING 21-2275\nLITIGATION PURSUANT TO GOVERNMENT CODE\nSECTION 54956.9 (d) (1) Case: Devon King v. City of\nFontana, et al., USDC Case No. EDCV 20-01071 ODW SHK\nCONFERENCE WITH LEGAL COUNSEL – EXISTING\nLITIGATION (Gov. Code Section 54956.9(d)(1))\nName of case: City of Fontana v. Robert Constant. Case #:\nCIVSB2127040\nPUBLIC EMPLOYEE PERFORMANCE EVALUATION\nPURSUANT TO GOVERNMENT CODE SECTION 5495\nTitle of Position: City Manager\nCONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO\nGOVERNMENT CODE SECTION 54957.6\nCity Negotiator: Mayor Acquanetta Warren and Mayor Pro\nTem Peter Garcia\nEmployee Organization(s): City Manager, Unrepresented

B. Approve a Contract with Social Work Action Group to 21-2138\nProvide Street Outreach and Case Management Services to\nthe Homeless Population of Fontana\n1. Authorize Housing to “Piggy-Back” from the County of San Bernardino’s\nContract Number 21-749, Amendment 2 for the Street Outreach and\nHomeless Case Management Services with Social Work Action Group of\nLake Elsinore, CA.\n2. Approve and authorize the City Manager to execute an agreement in the\namount of $357,695 for Fiscal Year 2023-2024 and any future\namendments with Social Action Group for one year and up to four (4)\none-year extensions at the sole discretion of the City of Fontana for Street\nOutreach and Homeless Case Management Services.

C. Adoption of Ordinance No. 1913 (Second Reading) 21-2222\nSecond Reading / Adoption of Ordinance No. 1913, An Ordinance of the\nCity Council of the City of Fontana, California, Levying a Special Tax Within\nthe City of Fontana Community Facilities District No. 112 (The Gardens\nPhase One).

D. Award bid for the purchase and installation of fabric shade 21-2167\nstructures at Bill Martin Park (10 spectator shades),\nFontana Park (1 playground shade), Jack Bulik Park (14\nspectator shades), Heritage Circle Park (1 playground\nshade), Lemon Pepper Park (1 playground shade), Miller\nPark (1 playground shade), Southridge Park (1 playground\nshade), Veterans’ West Park (8 spectator shades).\nAward bid and authorize the City Manager to award a contract with NR\nDevelopment Inc. of Downey CA in the amount of $1,510,980.00 for the\npurchase and installation of thirty-six (37) spectators shade structures and\nfive (5) shade structures over existing playgrounds and authorize a\ncontingency (10%) in the amount of $151,098.00.

E. Adopt Resolution No. 2023-034 for Projects Funded by the 21-2175\nRoad Repair and Accountability Act SB-1\nAdopt Resolution No. 2023-034 of the City Council of the City of Fontana to\nincorporate projects funded by SB-1, the Road Repair and Accountability Act\nfor Fiscal Year 2023/2024.

F. Award a construction contract for the 2022-23 SB-1 Road 21-2180\nRepair and Accountability Act for the Foothill Boulevard\nfrom East Avenue to Hemlock Avenue Street Rehabilitation\nProject.\n1. Award bid and authorize the City Manager to execute a construction\ncontract with Matich Corporation for the construction of the Foothill\nBoulevard from East Avenue to Hemlock Avenue Street Rehabilitation\nProject in the amount of $3,086,152.00 and authorize a 10% contingency\nin the amount of $308,615.20 (Bid No. SB-117-DE-23).\n2. Approve and authorize the City Manager to execute any and all utility\nagreements, utility easements, and subsequent agreements on behalf of\nthe City of Fontana for the Foothill Boulevard from East Avenue to\nHemlock Avenue Street Rehabilitation Project.

G. Award bid for the purchase and installation of one (1) Metal 21-2191\nPicnic Structure at Miller Park, and Two (2) Metal Picnic\nStructures at North Tamarind Park.\nAward bid (SB-116-PW-23) and authorize the City Manager to execute a\ncontract with Western State Builders, Inc. of Escondido CA in the amount of\n$249,229.00 for the purchase and installation of three (3) Metal Picnic\nStructures and authorize a 10% contingency in the amount of $24,923.00.

H. Approve a Dedication of Right of Way for a Certain Portion 21-2202\nof Victoria Avenue Related to a Proposed Pedestrian\nBridge Across The San Sevaine Channel\nApprove and authorize the City Manager to execute a dedication of right of\nway for a certain portion of Victoria Avenue across the San Sevaine Channel

I. Approve a Bond Reduction for Tract No. 20224 (In-Tract 21-2203\nand Backbone Infrastructure)\nApprove a reduction of the Faithful Performance and Labor and Materials\nbond for in-tract and backbone infrastructure posted by Lennar Homes of\nCalifornia, Inc., a California Corporation for Tract No. 20224 located on the\neast side of Citrus Avenue north of Duncan Canyon Road.

J. Police Department Monthly Information Update 21-2215\nAccept the Police Department monthly information update for April 2023.

K. Approve a Bond Reduction for Tract No. 20362 (Intract 21-2242\nImprovements) at The Gardens Village within The\nArboretum Specific Plan.\nApprove a reduction of the Faithful Performance and Labor and Materials\nbond posted by Lennar Homes of California, Inc., a California Corporation for\nTract No. 20362 (Intract Improvements), located south of Duncan Canyon\nRoad, west of Sierra Avenue, east of Cypress Avenue, and north of Casa\nGrande Avenue at The Gardens Village within The Arboretum Specific Plan.

L. Approve a Landscape Bond Reduction for Tract No.’s 21-2226\n19960, 19961 and 19962 located within The Arboretum\nSpecific Plan.\nApprove a reduction of the landscape bond guarantee for Faithful\nPerformance posted by Lennar Homes of California, Inc., a California\nCorporation for Tract No.’s 19960, 19961 and 19962 (CFD Landscape\nImprovements), located within the Arboretum Specific Plan.

M. Approve a Second Bond Reduction for Tract No. 20153 21-2233\n(Perimeter and Backbone/Spine Improvements) within the\nSummit at Rosena Specific Plan.\nApprove a second reduction of the Faithful Performance and Labor and\nMaterials bonds posted by CalAtlantic Group, Inc., a Delaware corporation\nfor Tract No. 20153 (Perimeter and Backbone/Spine Improvements), located\nwest of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue,\nand south of Casa Grande Avenue within the Summit at Rosena Specific\nPlan.

N. Annual Update to the Ordinance of the Police Policy 709 21-2255\n(Military Equipment Policy)

O. Award the bid for the Purchase and Installation of new ADA 21-2189\nInclusive/Interactive Playgrounds at Veterans Park, Seville\nPark, Fernandez Park, Bill Martin Park, Northgate Park,\nNorth Tamarind Park, and Jack Bulik Park.\nAward bid SB-112-PW-23 and authorize the City Manager to execute a\ncontract with Ortco, Inc. in the amount of $2,123,305.00 for the purchase and\ninstallation of ten (10) ADA Inclusive/Interactive Playgrounds and authorize a\n10 % contingency in the amount of $212,330.50.

P. Approve a Bond Reduction for Tract No. 18881 (Backbone 21-2225\nand In-Tract Public Infrastructure)\nApprove a reduction of Faithful Performance and Labor and Materials bonds\nfor backbone and in-tract public infrastructure posted by CalAtlantic Group,\nInc. for Tract No.18881 located at the southwest corner of Sierra Lakes\nParkway and Beech Avenue.

Q. Final Acceptance of Storm Drain and Sewer Improvements 21-2229\nfor Tract No.’s 16876 and 16876-1\n1. Accept as complete the storm drain and sewer improvements for Tract\nNo.’s 16876 and 16876-1 located at the northwest corner of Knox\nAvenue and Citrus Avenue within the Shady Trails Community.\n2. Adopt Resolution No. 2023-035, accepting sewer in Tract No.’s\n16876 and 16876-1 as part of the City sewer system.

R. Acceptance of Final Map for Tract No. 20069 21-2230\nApprove the Final Map for Tract No. 20069 located along Coyote Canyon\nRoad north of Duncan Canyon Road and accept easements.

S. Approve a Bond Reduction for Tract No.’s 20363 (Intract 21-2232\nImprovements) and 20364 (Intract Improvements) at The\nGardens Village within The Arboretum Specific Plan.\nApprove a reduction of the Faithful Performance and Labor and Materials\nbonds posted by Lennar Homes of California, LLC, a California limited\nliability company for Tract No.’s 20363 (Intract Improvements) and 20364\n(Intract Improvements), located west of Sierra Avenue, north of Casa Grande\nAvenue, east of Cassava Drive and south of Duncan Canyon Road at The\nGardens Village within The Arboretum Specific Plan.

T. Approve Construction Contract Amendment for the 8996 21-2239\nOlive Street Rehabilitation Project SB-32-HD-23\nApprove and authorize the City Manager to increase the construction\ncontract with Final Touch Construction for the rehabilitation of the 8996 Olive\nStreet in the amount of $40,000 for a total contract authorization of\n$791,619.00 (Contract No. SB-32-HD-23).

U. Award a Design-Build Contract for the Downtown Parking 21-2244\nStructure Project\n1. Award and authorize the City Manager to execute a Design-Build contract\nwith Bomel Construction Company Inc. for the Downtown Parking\nStructure Project in the amount of $11,909,993.00 which includes a city\nowned contingency in the amount of $900,000.00 (Bid No. SQ-24-DE-23-\n01)\n2. Authorize the City Manager to execute any and all utility agreements,\nutility easements, and any related items on behalf of the City of Fontana\nfor the Downtown Parking Structure Project\n3. Authorize the City Manager to execute any future amendments to the\nDesign-Build contract

V. Award a Contract for Fontana Center Stage (Stage Red) 21-2246\nExterior Sandblast and Texture Coat Walls Painting\nAward and Authorize the City Manager to execute a contract with Mariscal\nPainting of South El Monte, CA in the amount of $133,000.00 to sandblast\nand texture coat walls and paint exterior of Center Stage (Stage Red) and\nauthorize a contingency (10%) in the amount of $13,300.00

W. 2022 Permanent Local Housing Allocation (PLHA) Award 21-2248\n1. Accept the State of California 2022 Permanent Local Housing\nAllocation (PLHA) Grant in the amount of $1,678,180;\n2. Authorize the City Manager, or City Manager’s designee, to execute\nand transmit any documents necessary or desirable, including but not\nlimited to purchase agreements that may include acquisitions costs up\nto the full amount of the allocated funds, to ensure the City's timely\nreceipt and execution of Permanent Local Housing Allocation (PLHA)\nprograms;\n3. Authorize the City Manager, or City Manager’s designee, to execute\nand transmit any documents necessary or desirable, including but not\nlimited to purchase agreements that may include acquisitions costs up\nto the full amount of the allocated funds, to facilitate the timely\nadministration of the Permanent Local Housing Allocation (PLHA)\nAcquisition, Rehabilitation, and Rental Program including but not\nlimited to property purchase agreements

X. Approve a Bond Reduction for Tract No. 20362 (Duncan 21-2234\nCanyon Road, Sierra Avenue, and Cypress Avenue, Offsite\nImprovements) at The Gardens Village within The\nArboretum Specific Plan.\nApprove a reduction of the Faithful Performance and Labor and Materials\nbonds posted by North Fontana Investment Company, LLC, a Delaware\nlimited liability company for Tract No. 20362 (Duncan Canyon Road, Sierra\nAvenue, and Cypress Avenue, Offsite Improvements), located south of\nDuncan Canyon Road, west of Sierra Avenue, and east of Cypress Avenue\nat The Gardens Village within The Arboretum Specific Plan.

Y. Joint Community Facilities Agreement by and among the 21-2252\nCity of Fontana, the Community Facilities District No. 112\n(The Gardens Phase One), and the West Valley Water\nDistrict.\nAdopt Resolution No. 2023-036 of the City Council of the City of Fontana\nauthorizing the execution and delivery of the Joint Community Facilities\nAgreement.

Z. Intention to Levy Assessments for Fiscal Year 2023-2024 21-2256\nfor Landscape and Lighting Maintenance Districts\n1. Adopt Resolution No. 2023-037, of the City of Fontana, California,\nDeclaring its Intention to Levy and Collect Assessments within Landscape\nMaintenance District No. 1 ("LMD #1") for Fiscal Year 2023-2024 and\nGiving Notice of and Setting the Time and Place of the Hearing on the Levy\nof the Proposed Assessment.\n2. Adopt Resolution No. 2023-038, of the City of Fontana, California,\nDeclaring its Intention to Levy and Collect Assessments within Landscape\nMaintenance District No. 2 ("LMD # 2") for Fiscal Year 2023-2024 and\nGiving Notice of and Setting the Time and Place of the Hearing on the Levy\nof the Proposed Assessment.\n3. Adopt Resolution No. 2023-039, of the City of Fontana, California,\nDeclaring its Intention to Levy and Collect Assessments within Landscape\nMaintenance District No. 3 ("LMD # 3") for Fiscal Year 2023-2024 and\nGiving Notice of and Setting the Time and Place of the Hearing on the Levy\nof the Proposed Assessment.\n4. Adopt Resolution No. 2023-040, of the City of Fontana, California,\nDeclaring its Intention to Levy and Collect Assessments within Landscape\nMaintenance District No. 3-1 ("LMD # 3-1") for Fiscal Year 2023-2024 and\nGiving Notice of and Setting the Time and Place of the Hearing on the Levy\nof the Proposed Assessment.\n5. Adopt Resolution No. 2023-041, of the City of Fontana, California,\nDeclaring its Intention to Levy and Collect Assessments within Local Lighting\nMaintenance District No. 3 ("LLMD # 3") for Fiscal Year 2023-2024 and\nGiving Notice of and Setting the Time and Place of the Hearing on the Levy\nof the Proposed Assessment.

A. Adopt an Ordinance Establishing New Speed Reduction 21-2243\n(Speed Limit) Zones\nWaive further reading of and introduce Ordinance No. 1914, Establishing\nnew speed reduction (speed limit) zones within the City of Fontana, and that\nthe reading of the title constitutes the first reading thereof.

B. Capital Improvement Program Budget for Fiscal Years 21-2266\n2023/2024-2029/2030\n1. Determine that the project is categorically exempt pursuant to Sections\nNo. 15378 (Project), 15061b.3 (Review of Exemption), 15304 (Minor\nAlterations to Land), and 15305 (Minor Alterations in Land Use\nLimitations) of the California Environmental Quality Act (CEQA), and\nSection No. 3.22 of the Local 2019 Guidelines for Implementing CEQA,\nand direct staff to file a Notice of Exemption.\n2. Adopt Resolution No. 2023-042, of the City Council of the City of\nFontana, California, adopting the Fiscal Years 2022/2023 through\n2029/2030 Capital Improvement Program (CIP).

C. Proposed Operating Budget for Fiscal Years 2023/24 and 21-2271\n2024/25\n1. Adopt Resolution No. 2023-043, of the City Council of the City of\nFontana to approve and adopt the City's Annual Operating Budget for\nFiscal Years 2023/2024 and 2024/2025 and authorize adjustments for\nfinal fund balance.\n2. Authorize the carryforward of available budget at fiscal yearend to the\nfollowing fiscal year for all capital improvement projects.\n3. Adopt Resolution No. 2023-044, of the City Council of the City of\nFontana establishing a General Fund Appropriations limit of\n$354,836,032 pursuant to Article XIII (B) of the California Constitution for\nFiscal Year 2023/2024.