Tuesday, March 22, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
JOINT WORKSHOP - 5:00 P.M.
CLOSED SESSION - 6:00 P.M.
REGULAR MEETING - 7:00 P.M.
Grover W. Taylor Council ChambersCity Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes
WORKSHOP:
A. 5:00 P.M. Joint City Council and Planning Commission Workshop The Workshop of the Fontana City Council was held on Tuesday, March 22, 2022, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 5:15 p.m. with all members of the City Council present. City Treasurer Janet Koehler-Brooks was also in attendance.
City Attorney Ruben Duran commented that this workshop was originally noted as a Joint Workshop with the City Council and Planning Commission. However, due to lack of quorum of the Planning Commission, the Workshop agenda items will be presented to the City Council only and will not move forward as a Joint meeting.
Planning Commissioner Ralph Thrasher was in attendance in the audience.
The Regular City Council meeting agenda was reviewed.
Interim City Manager Shannon Yauchzee announced upcoming community events under City Manager comments.
No public communications were received.
City staff requested that the two agenda items be heard out of order, to allot time for the applicant to arrive for the Caprock Signage item.
The following items were heard out of order:
B. Westgate Specific Plan
Principal Planner DiTanyon Johnson introduced Doug Ford and Jeff Pierson with Unitex Management Corporation to provide the presentation and answered questions of the City Council concerns of open space and landscape maintenance.
A. Caprock Signage
Principal Planner Johnson provided the presentation and answered questions of the City Council concerning retaining and screening walls of the project from the public view.
Additionally, staff asked Council to provide preference on which option they preferred.
There was a unanimous consent on 'Option 1'.
Planning Commission Thrasher also noted for the record as public comment that he also preferred 'Option 1'.
The Workshop adjourned at 5:58 p.m.
(A) Caprock Signage (Principal Planner DiTanyon Johnson, to present);
(B) Westgate Specific Plan (Principal Planner DiTanyon
Johnson, to present);
(C) Public Communications;
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City Council Meeting Minutes March 22, 2022
(D) Agenda Review; and
(E) City Manager Comments
CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.
Meeting went into Recess
Meeting Reconvened
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
There were no public communications received on the following closed session items:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 019116305, APN 019116324, APN 019116316,
APN 019116317 & APN 019116326
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Bank of America
Under Negotiation: Price and terms of payment
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers’ Association; Police Management Association; Police Benefit Association; Management/Confidential
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Pursuant to Gov. Code section 54956.9(d)(2)
Significant exposure to litigation: One Potential Case
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property: APN #023220113 & APN #023220112
Negotiating Party: Shannon Yauchzee, Interim City Manager Under Negotiation: Price and Terms of Payment
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
City Council Meeting Minutes March 22, 2022
The Regular meeting of the Fontana City Council was held in the Grover W.Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California on Tuesday, March 22, 2022. Mayor Warren called the meeting to order at 7:15 p.m.
ROLL CALL:
Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval
Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Fontana Police Department Valerie Torres / Pledge of Allegiance Following the invocation led by Fontana Police Department Chaplain Valerie Torres, the pledge of allegiance was led by Council Member Cothran.
CLOSED SESSION ANNOUNCEMENT
City Attorney Duran reported that the City Council met in Closed Session on the items listed on the agenda and took no reportable action.
Additionally, the following item listed on the agenda was not heard by the Council:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers’ Association; Police Management Association; Police Benefit Association; Management/Confidential
PROCLAMATION:
A. A. Mayor Warren and City Council to proclaim March 29, 2022, as Vietnam War Veterans Day.
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A. Mayor Warren and City Council to proclaim March 29, 2022, as Vietnam War Veterans Day.
Mayor Warren requested that any Veteran's in the audience to stand for applause as a gesture of thanks for serving the country.
Additionally, Mayor Warren and Members of the City Council proclaimed March 29, 2022, as Vietnam War Veterans Day.
SPECIAL PRESENTATIONS:
A. 1. Mayor Warren and City Council to recognize Officer Mike Hall and Community Policing Technicians Jacqueline Ayala and Heather Howard as the Police Department’s February 2022 Employees of the Month (Captain Burton to present).
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City Council Meeting Minutes March 22, 2022
2. Fontana Police Chief Green to introduce the Fontana Police Department Chief’s Roundtable to Mayor Warren and City
Council Members (Chief Green to present).
3. Mayor Warren and City Council to swear in new Fontana Fire Fighters David Arnold, Matthew Neal, Eric Gass, Jonathan Turcios, Gabriel Gonzales, and Ben Andres (Chief Birchfield to present).
1. Mayor Warren and City Council to recognize Officer Mike Hall and Community Policing Technicians Jacqueline Ayala and Heather Howard as the Police Department’s February 2022 Employees of the Month (Captain Burton to present).
Mayor Warren and Members of the City Council recognized and congratulated Officer Hall and Community Policing Technicians Ayala and Howard as the Police Department's February 2022 Employees of the Month.
2. Fontana Police Chief Green to introduce the Fontana Police Department Chief’s Roundtable to Mayor Warren and City Council Members (Chief Green to present).
Police Chief Green briefly introduced the Fontana Police Department Chief's Roundtable and members of the Roundtable were in attendance to meet the Council and community.
3. Mayor Warren and City Council to swear in new Fontana Fire Fighters David Arnold, Matthew Neal, Eric Gass, Jonathan Turcios, Gabriel Gonzales, and Ben Andres (Chief Birchfield to present).
Mayor Warren swore in new Fontana Fire Fighters alongside their loved ones.
Additionally, the entire City Council congratulated each newly sworn-in Fire Fighter, thanking them for their commitment to the community and public safety.
PUBLIC COMMUNICATIONS:
A. Public Communications
City Council Meeting Minutes March 22, 2022
Prior to taking public communications, Mayor Warren asked for clarification from City Attorney Duran on how public communications will be taken for the redistricting item.
City Attorney Duran noted for the record and to clarify with the members of the City Council and public that the redistricting item on tonight's agenda is not a Public Hearing and public communications for the item will be taken at this time.
The following individuals spoke under public communications:
1. Lauren Gomez requested that the City Council consider writing a letter of opposition to SB 871, SB 866 and AB 1993.
2. Greg Abdouch requested that the City Council consider writing a letter of opposition to SB 871, SB 866 and AB 1993.
3. Timothy Johnson requested that the City Council consider writing a letter of opposition to SB 871, SB 866 and AB 1993.
4. Ben spoke in opposition of the redistricting draft maps being considered by the Council.
5. Nancy McNicholas spoke in opposition of the redistricting draft maps being considered by the Council.
6. Elizabeth Sena spoke in opposition of the redistricting draft maps being considered by the Council.
7. Janet Bernabe spoke in opposition of the redistricting draft maps being considered by the Council.
8. Ana Gonzalez spoke in opposition of the redistricting draft maps being considered by the Council.
9. Jennifer Cardenas spoke in opposition of the redistricting draft maps being considered by the Council.
10. Chad Gaskin requested to file a complaint against a received citation from the code compliance department.
11. Cris Smith spoke in opposition of the redistricting draft maps being considered by the Council.
12. Amparo Munoz spoke in opposition of the redistricting draft maps being considered by the Council.
13. Christian Shayhnssy spoke in opposition of the redistricting draft maps being considered by the Council.
14. Jasmine Cunningham spoke in opposition of the redistricting draft maps being
City Council Meeting Minutes March 22, 2022
considered by the Council.
15. Lilia Ulloa, requested Spanish Translation. Administrative Assistant Susana Gallardo provided translation services. Ms. Ulloa spoke in opposition of the redistricting draft maps being considered by the Council.
16. Gabriela Mendez spoke in opposition of the redistricting draft maps being considered by the Council.
17. James Lee spoke in opposition of the redistricting draft maps being considered by the Council.
18. Krisha Grace Vallejos spoke in opposition of the redistricting draft maps being considered by the Council.
19. Maribel Nunez spoke in opposition of the redistricting draft maps being considered by the Council.
20. Christine McGuire spoke in opposition of the redistricting draft maps being considered by the Council.
21. Stacey Ramos spoke in opposition of the redistricting draft maps being considered by the Council.
22. Elisa Rodriguez spoke in opposition of the redistricting draft maps being considered by the Council.
Mayor Warren called a recess at 8:49 p.m.
Mayor Warren reconvened the meeting at 8:50 p.m.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to adopt Consent Calendar Items "B-E", with the removal of Consent Calendar Item 'A' to be brought back at a future meeting. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
Warren, Garcia, Roberts, Sandoval, and CothranAye:
A. Approval of Minutes 21-1263
Approve the minutes of the March 8, 2022, Regular City Council Meeting.
B. Accept Donation from Fontana Foundation of Hope 21-1249 Accept donation from Fontana Foundation of Hope in the amount of $ 2,000 for use towards the 2022 Fontana Summer Concert Series.
City Council Meeting Minutes March 22, 2022
C. Adopt Resolutions Approving the Updated Salary Tables for the Executive and Management Confidential Groups, and the Fontana Police Benefit Association Bargaining Group.
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1. Adopt Resolution No. 2022-016, a resolution of the City Council of the City of Fontana adopting the updated salary tables for the Management Confidential Group and the Fontana Police Benefit Association Bargaining Unit.
2. Adopt Resolution No. 2022-017, a resolution of the City Council of the City of Fontana adopting the updated Executive salary table.
D. 2020 Homeland Security Grant Program 21-1230
1. Accept the 2020 Homeland Security Grant Program subrecipient award in the amount $41,364 from the Office of Homeland Security.
2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.
E. Police Department Monthly Information Update 21-1232 Accept the Police Department monthly information update for January and February 2022.
PUBLIC HEARINGS:
A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
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Mayor Warren opened the public hearing.
Accountant Lisa Conlon provided the staff report.
There were no questions of the City Council.
Mayor Warren closed the public hearing, as there were no members of the public requesting to speak on this item.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item 'A' as follows:
1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.
2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in
City Council Meeting Minutes March 22, 2022
the certified Lien List and direct staff to forward recorded liens to County for collection.
3. Adopt Resolution No. 2022-018, the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
Warren, Garcia, Roberts, Sandoval, and CothranAye:
B. Municipal Code Amendment (MCA) No. 21-001R1 for an
Amendment to Chapter 9 of the Municipal Code to Modify
Article V to Revise Sustainability Standards for Industrial Commerce Centers throughout the City
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Read by title only and waive further reading of and introduce Ordinance No.___, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001R1 for an amendment to Chapter 9 of the Municipal Code to modify Article V to revise sustainability standards for industrial commerce centers throughout the city, and the reading of the title constitutes the first thereof.
Mayor Warren opened the public hearing.
Senior Planner Rina Leung and Deputy City Manager Phil Burum provided the staff report and answered questions of the City Council.
The following individuals spoke during public communications:
1. Ana Gonzalez spoke in opposition of this item.
2. Amparo Munoz spoke in opposition of this item.
3. Andrea DeLeon spoke in support of this item.
4. Elizabeth Sena spoke in opposition of this item.
5. Greg Abdouch spoke in support of this item.
Mayor Warren called a recess at 9:09 p.m. during Mr. Abdouch's public communication time allotment.
Mayor Warren reconvened the meeting at 9:18 p.m. City Treasurer Koehler-Brooks did not return to the remainder of the meeting.
Due to the recess being called during Mr. Abdouch's public communication time allotment, the meeting reconvened with his remaining comments.
Mayor Warren closed the public hearing.
Meeting went into Recess
Meeting Reconvened
City Council Meeting Minutes March 22, 2022
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item 'B' as follows:
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
Warren, Garcia, Roberts, Sandoval, and CothranAye:
Following the item, Council Member Sandoval encouraged the public to email any concerns on the prior agenda item to Deputy City Manager Burum for further assistance.
NEW BUSINESS:
A. Appointment for Elected City Clerk 21-1253
Staff recommends that the City Council review the received applications submitted and make an appointment to fill the remaining term of the Elected City Clerk seat until the November 8, 2022, election results are certified.
Deputy City Clerk Ashton R. Arocho, MMC, provided the staff report and answered questions of the City Council.
Council Member Cothran commented on the received applications and would like to nominate Germaine McClellan Key as the City Clerk.
Council Member Sandoval commented on the received applications and would like to nominate Adrian Garcia as the City Clerk.
ACTION: Motion was made by Mayor Warren, seconded by Council Member Cothran, and passed by a vote of 4-1 vote to appoint Germaine McClellan Key as City Clerk. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None Warren, Garcia, Roberts, and CothranAye:
SandovalNay:
Mayor Warren called up appointed City Clerk, Germaine McClellan Key, from the audience to swear her in. Following the swearing-in, City Clerk Key took her seat at the dais.
B. Redistricting 2021: Consideration of Proposed Draft Maps for Council Selection
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1. Receive public input; and,
2. Direct staff on selected preferred map for final adoption at the April 12, 2022, Council meeting by Resolution.
City Council Meeting Minutes March 22, 2022
Interim Deputy City Manager Ray Ebert presented the staff report and answered questions of the City Council.
Council Member Cothran commented that after discussing with community groups, he would like to move forward with either map 402 or 104b.
Council Member Roberts concurred with Council Member Cothran on moving forward with either map 402 or 104b.
Council Member Sandoval noted that he'd like to move forward with Map 101.
Council Member Roberts added that the Southridge community is not split in two in either maps 402 or 104b.
Mayor Pro Tem Garcia would like to rule out Map 103 and focus on maps 402 and 104b for consideration.
Mayor Warren commented on her concerns of growth in the coming years not being accounted for in map 402 and identified that map 104b allows for growth.
ACTION: Motion was made by Mayor Warren, seconded by Council Member Roberts, and passed by a 4-1 vote to select Draft Map 104b as the preferred map for final adoption at the April 12, 2022, Council meeting by Resolution. The motion carried by the following vote: AYES:
Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN:
None
Warren, Garcia, Roberts, and CothranAye:
SandovalNay:
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
Interim City Manger Yauchzee had no City Manager communications to report.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Council Meeting Minutes March 22, 2022
Mayor Warren asked the community to keep the Koehler-Brooks family in your prayers and thoughts.
City Clerk Key commented on the tremendous support received by the Mayor and Council for appointing her as the new City Clerk and closed with thanking her Parks, Community, and Human Services Commissioner's for their support.
Council Member Sandoval thanked Chief Green for introducing the Chief's Roundtable and thanked those who are members for their committment to the community; congratulated Captain Dorsey on recently graduating from the FBI Academy; congratulated the Police Department employees of the month; congratulated the newly sworn-in firefighters; commented on recent attendance at the MYAC Teen Summit; expressed pride in grandson's recent t-ball game; and wished youngest daughter a Happy Birthday.
Council Member Roberts echoed those congratulations and praises of Council Member Sandoval and asked that the community keep the Koehler-Brooks family in their prayers and thoughts. Closed with thanking the community and staff for their support and kind words after recent health emergency.
Council Member Roberts thanked the public for coming out to speak during the meeting and appreciated the dialogue to assist with making some difficult decisions tonight.
Council Member Cothran welcomed City Clerk Key to the dais and congratulations on her recent appointment.
Mayor Pro Tem Garcia thanked Dennis Powell of the Los Angeles Dodgers for his recent attendance at the Pony Little League's Opening Day; thanked Officer Hall for his tremendous work and commitment to the community; congratulated City Clerk Key on recent appointment; and closed by thanking staff for working on the Code update for increasing sustainability standards.
Mayor Warren commented on recent Mayor's Monday; highlighted how quickly the year is going; discussed the supply chain shortage; recognized March as International Women's History Month; commented on recent attendance of community events; commented on the public speakers asking for Council support in opposing bills pertaining to COVID-19 and vaccines; discussed the recent passing of commerce center Ordinance; commented on the efforts from City staff to make Fontana 'greener' by improving the landscape and planting more trees; thanked the MYAC team on the success of the recent Teen Summit; and highlighted upcoming community events.
Mayor Pro Tem Garcia mentioned that on March 10, Arbor Day, the City received an award from the State of California, Cal Fire, for being a 'Tree City'. This award was given to 165 out of the 482 cities to receive the award from our efforts in planting and monitoring our trees within the City. This marked our 26th consecutive year receiving this award.
Mayor Warren also closed with announcing that on April 1, the City of Fontana will be showcased on the TV Series, Undercover Boss.
City Council Meeting Minutes March 22, 2022
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting at 10:03 p.m. to the next Regular City Council Meeting on April 12, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_________________________
Ashton R. Arocho, MMC
Deputy City Clerk
THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE 12TH DAY OF APRIL 2022.
________________________
Germaine McClellan Key
City Clerk