Tuesday, July 12, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
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 McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes
CALL TO ORDER/ROLL CALL:
A. 7:00 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, California 92335, on Tuesday, July 12, 2022.
Mayor Warren called the meeting to order at 7:04 p.m.
ROLL CALL:
Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval
Absent: None
City Clerk McClellan Key and City Treasurer Koehler-Brooks was also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
Following the invocation led by Council Member Roberts, the pledge of allegiance was led by Mayor Pro Tem Garcia.
PROCLAMATION:
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1. Mayor Warren and City Council to proclaim July as Parks and Recreation month (Acting Community Services Director Daniel Schneider to accept).
Mayor Warren and City Council presented a proclamation to Community Services Supervisor Tiffany Sparks to acknowledge the month of July as Parks and Recreation Month.
SPECIAL PRESENTATIONS:
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City Council Meeting Minutes July 12, 2022
1. Mayor Warren and City Council to recognize Community Services Coordinator Tara Savage; Administrative Technician Christina Enriquez; Community Services Coordinator Andrew Solares, and Cable Television Operations Assistant Albert Sida as Community Services Department’s Employees of the Year (Acting Community Services Director Daniel Schneider to present).
Acting Community Services Director Daniel Schneider recognized Cable Television Operations Assistant Albert Sdia; Community Services Manager Kristy Samples recognized Community Services Coordinator Andrew Solares; and Community Services Manager Michael Wright recognized Community Services Coordinator Tara Savage.
Administrative Technician Christina Enriquez was unable to attend the meeting and will be recognized at a upcoming staff meeting.
2. Special Recognition of City Treasurer Janet Koehler-Brooks' Birthday (Mayor Warren to present).
Mayor Warren and the City Council sung City Treasurer Koehler-Brooks Happy Birthday.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
1. Ahmed Yakovi spoke on operating days and hours for community swimming pools; chlorine shortage concerns; and public parking concerns on residential streets.
2. Ben spoke in opposition of warehouse development.
During Ben's comments, he began to speak on Public Hearing Item 'B'. Deputy City Clerk Ashton Arocho interjected stating that Public Hearing Item has yet to be opened for comments and that City Clerk McClellan Key will call him up during the appropriate time to provide such comments.
There were no further speakers.
CONSENT CALENDAR:
City Council Meeting Minutes July 12, 2022
Council Member Cothran commented on Consent Calendar Item 'K', asking staff to ensure that once the construction is completed and the signal lights are installed, that a barrier of some sort is added to shield the affected residents from the lights being projected onto their private property.
Council Member Sandoval also noted for the record that he will be voting in opposition of Consent Calendar Item 'D'.
City Clerk McClellan Key announced for the record that the City Clerk's Office received one (1) letter in opposition for Consent Calendar Item 'F' and the written correspondence will be included in the final record.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Consent Calendar Items 'A-O', with the exception of Consent Calendar Item 'D' being passed by a vote of 4-1 (Sandoval). The motion carried by the following vote: AYES: WARREN, GARCIA, COTHRAN, ROBERTS, SANDOVAL; NOES; None; ABSTAIN; None
A. Approval of Minutes 21-1526
Approve the minutes of the June 28, 2022, Special and Regular City Council Meeting.
B. Adoption of Ordinance No. 1895 (Second Reading) 21-1498 Second Reading/ Adopt Ordinance No. 1895, an ordinance of the City of Fontana, California amending chapter 30, Article X, General Landscape Standards for the Fontana Municipal Code to establish water efficiency and other environmental standards for the regulation of environmental quality for citywide development.
C. Adopt Resolution Terminating the Proclamation of Local Emergency Regarding Novel Corona Virus (COVID-19)
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Adopt Resolution No. 2022-062, Terminating the Proclamation of a Local Emergency regarding the Novel Coronavirus (“COVID-19”).
D. A Resolution of the City Council of the City of Fontana, California, Authorizing Retirement Plan Contributions for Non-Pers City Council Members
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Adopt Resolution No. 2022-063, Authorizing Retirement Plan Contributions for Non-PERS City Council Members.
E. Adopt the Revised Job Descriptions for the Classifications of Customer Service Supervisor, Office Assistant, and Police Dispatcher I/II
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Adopt Resolution No. 2022-064, a resolution of the City Council of the City of Fontana adopting new and updated job descriptions for specific classifications throughout the City.
F. Approve a Resolution Adjusting the Development Impact Fees 21-1467 Approve Resolution No. 2022-065, Adjusting the Development Impact Fees.
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G. Approve the San Sevaine Trail Project Specific Maintenance Agreement with Caltrans
21-1495
Approve and Authorize the Mayor to execute the San Sevaine Trail Project Specific Maintenance Agreement (PSMA) between the City of Fontana and the California State Department of Transportation (Caltrans).
H. Approval of Final Maps for Tract No. 20297 and Tract No. 20349 21-1501 Approve the Final Maps for Tract No 20297 and Tract No. 20349 located west of Hemlock Avenue and north of South Highland Avenue; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.
I. Award a Construction Contract for the Citrus Avenue at Ceres Avenue Traffic Signal Project
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1. Award and authorize the City Manager to execute a construction contract with Dynalectric for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project in the amount of $ 650,088.00 and authorize a 10% contingency in the amount of $65,008.80 (Bid No. SB-71-DE-22).
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 Citrus Avenue at Ceres Avenue Traffic Signal Project.
J. Award a Construction Contract for the West Liberty Parkway at Miller Avenue Traffic Signal Project.
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1. Approve and authorize the City Manager to execute a construction contract with Crosstown Electrical and Data, Inc. for the construction of the West Liberty Parkway at Miller Avenue Traffic Signal Project in the amount of $ 519,383.00 and authorize a 10% contingency in the amount of $ 51,938.30 (Bid No .
DB-07-DE-22).
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 West Liberty Parkway at Miller Avenue Traffic Signal Project.
K. Award a Construction Contract for the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project.
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1. Award and authorize the City Manager to execute a construction contract with Gentry General Engineering Inc. for the construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project in the amount of $883,050.00 and authorize a 10% contingency in the amount of $ 88,305.00 (Bid No. SB-89-DE-22).
2. Appropriate $ 35,000.00 from Local Measure I Fund No. 246 to the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project No. 3341.
3. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City
City Council Meeting Minutes July 12, 2022
of Fontana for the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project.01111111111111123456789kdjvdjv1100 L. CalHome Program Resolution Authorizing Submittal of Application and Other Grant Related Documents
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1. Adopt Resolution No. 2022-066 authorizing the submittal of a $500,000 application to the California State Department of Housing and Community Development (HCD) for funding provided under the CalHome Program Notice of Available Funding (NOFA).
2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of CalHome Program funds.
M. Contract with Sysco Corporation for produce, product supplies and delivery service for the Fontana Community Senior Center 21-1506
Authorize the Purchasing Office to “piggyback” the Sourcewell National Contract #111621-SYC for purchase of Food Service Products from Sysco Corporation and issue a purchasing contract.
N. A Request to make Departmental Name Changes 21-1524
Approve staff recommendation to make changes to certain department names as follows:
· Change Management Services Department to Finance Department · Change City Clerk Office to City Clerk Department
· Change Information Technology to Innovation and Technology · Change Code Enforcement to Code Compliance
· Eliminate Community Development
O. Expanded Learning Opportunities Program for Transitional Kindergarten Agreement between the City and Fontana Unified School District
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1. Approve the Expanded Learning Opportunities Program (ELO-P) for Transitional Kindergarten (TK) Agreement with the Fontana Unified School District.
2. Authorize the City Manager or designee to sign the Agreement, all related documents, and any amendments for the term of the Agreement, upon the Fontana Unified School District approval of theAgreement.
3. Approve an additional appropriation in the amount of $ 453,690.00 in Fund 387 for FY 2022-2023.
4. Approve additional new hires as follows: one ( 1) Community Services Coordinator, one ( 1) Administrative Technician, six ( 6) After School Community Services Assistants (at levels I, II, and /or III, based upon candidates ’ qualifications).
City Council Meeting Minutes July 12, 2022
PUBLIC HEARINGS:
A. Master Case No. 20-082: Specific Plan Amendment No. 21-003 - Comprehensive update to Southwest Industrial Park Specific Plan (SWIP) Specific Plan; and change of land use designation of certain properties within the SWIP from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana Avenue, between Mulberry Avenue and Cherry Avenue, and north of Kaiser High School
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Mayor Warren opened the Public Hearing.
City Clerk McClellan Key noted for the record that the City Clerk's Office received a total of one (1) written correspondence in opposition of the item.
Senior Planner Rina Leung provided the staff report.
The following individuals spoke in opposition of this item:
1. Janet Bernabe
2. Ana Gonzalez
3. Elizabeth Sena
Mayor Warren closed the Public Hearing.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4-1 to approve Public Hearing Item 'A' as follows:
Read by title only and waive further reading of and introduce Ordinance No. 1896, an Ordinance of the City Council of the City of Fontana, approving Specific Plan Amendment No. 21-003 for a comprehensive update to the Southwest Industrial Park Specific Plan (SWIP) Specific Plan as shown in Attachment No. 1, and the reading of the title constitutes the first thereof.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None
B. Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No.
22-005 - Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code
21-1504
RECOMMENDATION:
City Council Meeting Minutes July 12, 2022
Mayor Warren opened the public hearing.
City Clerk McClellan Key announced that the City Clerk's Office received a total of one (1) written correspondence for this item in opposition.
Senior Planner Rina Leung provided the staff report and advised that City Staff is asking City Council to hold and pull back the item related to Chapter 30, Article 15, as it relates to the 'No Net Loss' program. City staff would like to pull this item and do further research. A memo was provided to the City Council with this recommendation at the dais.
The following individuals spoke under public communication in opposition of this item:
1. Janet Bernabe
2. Ana Gonzalez
3. Elizabeth Sena
City Clerk McClellan Key noted for the record that Ben was not present during the public comment period and was skipped.
The following individual spoke under public communication in support of this item:
1. Matt Slowick
Mayor Warren closed the public hearing.
ACTION: Motion was made by Mayor Warren, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4-1 to approve Public Hearing Item 'B' as follows:
Alternative 1: (a) Determine that the project is Categorically Exempt pursuant to Section No. 15061 (B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and
(b) Read by title only and waive further reading of and introduce Ordinance No. 1897, an Ordinance of the City Council of the City of Fontana with the recommendation of approval by Planning Commission, approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 – Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code with Planning Commission modifications, and the reading of the title constitutes the first thereof;
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Alternative 2:
(a) Determine that the project is Categorically Exempt pursuant to Section No. 15061 (B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and (b) Read by title only and waive further reading of and introduce Ordinance No. 1898, an Ordinance of the City Council of the City of Fontana that includes the original standards presented to Planning Commission approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 – Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code without the Planning Commission modifications, and the reading of the title constitutes the first thereof; or
The motion carried by the following vote: AYES: Warren, Garcia, Sandoval, and Roberts; NOES: Cothran; ABSTAIN: None
C. Master Case No. 22-072, Municipal Code Amendment No. 22-006 - Request to approve an Ordinance Repealing Sections 30-6 Through 30-11 of Division 3 of Article 1 of Chapter 30, Amending Chapter 30 Permitted Uses, And Adding Chapter 33, “Cannabis Businesses And Activities”
21-1512
(a) Determine that the project is Categorically Exempt pursuant to Section No . 15061(B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No . 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and, (b) Read by title only and waive further reading of and introduce Ordinance No. 1899. an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-006 to amend Chapter 30 of the Fontana Municipal Code and add Chapter 33, “Cannabis Businesses and Activities”, and the reading of the title constitutes the first reading thereof.
City Council Meeting Minutes July 12, 2022
Mayor Warren opened the Public Hearing.
City Clerk McClellan Key noted for the record that the City Clerk's Office received two (2) written correspondences; one (1) in support and one (1) in opposition of the item.
Deputy City Manager Phil Burum provided the staff report and answered questions of the City Council.
The following individuals spoke in support of this item:
1. Janet Bernabe
2. Ana Gaeta
3. Elizabeth Sena
4. Cris Smith
City Clerk McClellan Key announced that Ana Gonazlez was not present to speak and was skipped.
Mayor Warren closed the Public Hearing.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed by a vote of 4-1 to approve Public Hearing Item 'C' as follows:
(a) Determine that the project is Categorically Exempt pursuant to Section No. 15061(B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and (b) Read by title only and waive further reading of and introduce Ordinance No. 1899. an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-006 to amend Chapter 30 of the Fontana Municipal Code and add Chapter 33, “Cannabis Businesses and Activities”, and the reading of the title constitutes the first reading thereof.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None
NEW BUSINESS:
A. Issuance of Special Tax Bonds for CFD #106 (Mountainview) 21-1500 Adopt Resolution No. 2022-067, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 106 (Mountainview) Special Tax Bonds, Series 2022, in an aggregate principal amount of not to exceed $8,000,000, authorizing the execution and delivery of
City Council Meeting Minutes July 12, 2022
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.
Account I Justin Marietta provided the staff report and answered questions of the City Council.
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed unanimously by a vote of 5-0 to approve New Business Item 'A' as follows:
Adopt Resolution No. 2022-067, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 106 (Mountainview) Special Tax Bonds, Series 2022, in an aggregate principal amount of not to exceed $8,000,000, 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.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matt Ballantyne clarified for the record that City staff took a look at making amendments to the South West Industrial Specific Plan (SWIP) and there were false comments made that the City was looking to expand the industrial uses and would like the record to reflect that is inaccurate. Many of the changes brought before City Council provided additional restrictions to industrial uses.
Additionally, City Manager Ballantyne took a moment to thank and recognize City staff who assisted in coordinating the efforts for a successful Fourth of July celebration and community event.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Council Meeting Minutes July 12, 2022
City Treasurer Koehler-Brooks thanked everyone for the Birthday wishes; congratulated the Community Services Employee's of the Year; and thanked City staff for the recent Fourth of July event.
City Clerk McClellan Key echoed the comments of City Treasurer Koehler-Brooks and spoke on recent attendance at the community concerts in the park.
Council Member Roberts echoed the comments of his colleagues regarding the Fourth of July event.
Council Member Sandoval echoed the comments of his colleagues regarding the Fourth of July event; would like to meet with Police Chief Green to discuss some suggestions for upcoming years with fireworks and celebrations on the Fourth of July; congratulated the Community Services Employees of the Year; and wished his daughter, Teresa, a happy birthday.
Council Member Cothran spoke on the success of Family Fun Nights; upcoming community meetings; wished City Treasurer Koehler-Brooks a Happy Birthday; and closed with congratulating staff on another successful Fourth of July event.
Mayor Pro Tem Garcia wished City Treasurer Koehler-Brooks a Happy Birthday; and made a follow-up comment on Public Hearing Item 'C' regarding the generated revenue from this item and ensuring that it remains within the community.
Council Member Cothran interjected to make a comment regarding community pool closures due to chlorine shortages.
Mayor Warren thanked Council Member Cothran for clearing that up for the community; announced that the meeting will be adjourned in memory of Sherman Dwight Van Vleet; thanked City staff and the community for a successful Fourth of July event; commented on the music choice at the event; highlighted use of social media for community engagement and involvement; spoke on the process of the Ordinance passed related to Cannabis; spoke on a recent meeting related to Homeless; spoke about Mayor Monday broadcasting; announced upcoming job fair being held by the Chamber of Commerce; and announced the upcoming Mayor's Education Coalition Parent Kick Off meeting.
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting in memory of Sherman Dwight Van Vleet. The meeting adjourned at 9:46 p.m. the next Regular City Council Meeting on July 26, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.