Tuesday, March 28, 2023
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
WORKSHOP:
A. 5:30 P.M. City Council Workshop
A Workshop Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, March 28, 2023.
Mayor Warren called the meeting to order at 5:32 p.m, with all members of the City Council present. City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
The Regular City Council agenda was reviewed and no item was pulled for discussion.
City Clerk Key noted for the record that no public communications were received for the Workshop item.
Fire Chief Jeff Birchfield, along with representatives from San Bernardino County Fire, presented a quick overview and report on the partnership with the San Felipe Fire Department. The San Felipe Fire Department presented the City Council, San Bernardino County Fire, and the Fontana Rotary Club with plaques in appreciation of the support and partnership over the years.
Mayor Warren adjourned the workshop at 5:52 p.m.
CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, March 28, 2023.
Mayor Warren called the meeting to order at 6:00 p.m., with all members of the City Council present.
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
There were no public communications received for the following item:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Lucien Leyes, et. al v. City of Fontana
Claim Number: 2020-066 (a-C)
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call
City Council Meeting Minutes March 28, 2023
A Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, March 28, 2023.
Mayor Warren called the meeting to order at 7:02 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval
ABSENT: None
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance
The invocation was given by Fontana Police Department Chaplain Daniel Vasquez, followed by the Pledge of Allegiance led by Council Member Roberts.
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement
City Attorney Duran announced that the City Council met in Closed Session on the item posted on the agenda and unanimously voted by a 5-0 oral vote to reach a settlement in the amount of $285,000. The signed settlement agreement can be requested through the City Clerk's Department.
PROCLAMATION:
21-2074
1. Mayor Warren and City Council to proclaim March 29, 2023, as Vietnam War Veterans Day (Mayor Warren to present).
Mayor Warren asked for all veteran's in the audience to stand so that they could be recognized and thanked them for their service.
SPECIAL PRESENTATIONS:
21-2075
City Council Meeting Minutes March 28, 2023
1. Mayor Warren and City Council to recognize the Etiwanda High School Girls Basketball Team for recent State Championship Win (Mayor Warren to present).
Coach Wallace and the Etiwanda High School Girls Basketball team were recognized by the Mayor and City Council, along with County Supervisor Jesse Armendarez.
2. Mayor Warren and City Council to recognize Retiring Police Chief William Green (Mayor Warren to present).
Retiring Police Chief was recognized by numerous organizations and departments for his years of service to the Fontana Community. The Mayor and City Council thanked him and his family for their commitment to the community and wished them a happy retirement.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
1. Elaine Jones, gave praise to retiring Police Chief Green for his years of service and for the gratitude of being a role model to her son.
2. Melinda, representative from Foxtails Roller Durby Team, introduced the team and encouraged the community to come out to upcoming events to support.
3. Bill Freeman, representative of the Fontana Exchange Club, introduced National Exchange Club President David Johnson and mentioned upcoming events.
4. Lauren Gutfried, introduced herself to the community and encouraged community participation in non-profits.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to approve Consent Calendar Items 'A-L'. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
A. Approval of Minutes 21-2076
Approve the minutes of the March 14, 2023, Regular City Council Meeting.
B. 21-2015
Accept Parcel Map No. 20508 located at the northwest and northeast corner of Slover Avenue and Banana Avenue; accept as public dedicated streets and easements; and authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Banana Avenue.
City Council Meeting Minutes March 28, 2023
C. Sale of Surplus Property located North of Slover Avenue and West of Banana Avenue
21-2016
1. Adopt Resolution No. 2023-019, approving a sale of City-owned exempt surplus property located north of Slover Avenue and west of Banana Avenue to CPL Slover LLC, a Delaware limited liability company (“Developer”) and make the requisite declarations and findings contained therein.
2. Approve and authorize the City Manager and City Attorney to execute the Purchase and Sale Agreement with Developer.
D. Final Acceptance of the Valley Boulevard at Almond Avenue Traffic Signal Project
21-2059
Accept as complete the work performed by All American Asphalt for the construction of the Valley Boulevard at Almond Avenue Traffic Signal Project (# 36003307) and approve the final construction amount of $1,092,802.38 (SB-81-DE-20).
E. Establishing Updated Rules and Regulations Relating to Employer-Employee Relations
21-2071
Adopt Resolution No. 2023-020, Repealing Resolution No. 90-273 and Establishing Updated Rules and Regulations Relating to Employer-Employee Relations.
F. Police Department Monthly Information Update 21-2050 Accept the Police Department monthly information update for February 2023.
G. Award a Construction Contract for the Cherry Avenue and South Highland Avenue Interim Traffic Signal Project
21-2083
1. Approve and authorize the City Manager to award and execute a construction contract that includes a 10% Contingency with the lowest responsible/responsive bidder for the Cherry Avenue and South Highland Avenue Interim Traffic Signal Project (Bid No. SB-110-DE-23)
2. 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 Cherry Avenue and South Highland Avenue Interim Traffic Signal Project.
H. Authorize the Purchase of three Vactor, Freightliner SD114 CNG Chassis Combination Trucks from Haaker Equipment ..End
21-2079
1. Authorize the Purchasing Division to use Sourcewell Cooperative Purchasing Agreement Contract No. 101221-VTR to purchase three ( 3) Vactor Combination Trucks in the amount of $1,725,633.83 from Haaker Equipment Company of La Verne, California.
2. Authorize the trade in of two ( 2) Vactor Combination Trucks Unit 8251 and 8673.
3. Authorize the City Manager to Appropriate $382,880.00 from Sewer Fund
City Council Meeting Minutes March 28, 2023
701, fund balance to Fund 751 Fleet Operations ( 75138306 - Fleet replacement).
1. I. Declaring Surplus Land - Property located at 8443 Nuevo Avenue ..End 21-2096
1. Approve Resolution No. 2023-021 , declaring that the City-owned property on the SEC of Spring Street and Nuevo Avenue (Assessor ’s Parcel Number 0191-163-27) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq .; and approving the form of Notice of Availability.
2. Authorize the City Manager and /or his designee( s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
J. Declaring Surplus Land Property located at 16879 Spring Street..End 21-2097
1. Approve Resolution No. 2023-022, declaring that the City-owned property on the SWC of Spring Street and Sierra Avenue (Assessor ’s Parcel Number 0191-163-11) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq .; and approving the form of Notice of Availability.
2. Authorize the City Manager and /or his designee( s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
K. Declaring Surplus Land - Properties located at the NWC of Arrow and Sierra.
21-2098
1. Approve Resolution No. 2023-023, declaring that three City-owned properties on the NWC of Arrow Boulevard and Sierra Avenue (Assessor ’s Parcel Numbers 0191-163-16, 0191-163-17, and 0191-163-26) are “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.
2. Authorize the City Manager and /or his designee( s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
L. Declaring Surplus Land - Properties located at 8440 Nuevo Avenue ..End
21-2099
1. Approve Resolution No. 2023-024 , declaring that three City-owned properties on the SWC of Spring Street and Nuevo Avenue (Assessor ’s Parcel Numbers 0191-162-30, 0191-162-31, and 0191-162-32) are “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.
2. Authorize the City Manager and /or his designee( s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
PUBLIC HEARINGS:
City Council Meeting Minutes March 28, 2023
To speak on Public Hearing Items, submit comments via e-mail at [email protected]. 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 5:00 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.
A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts ..End
21-2080
Mayor Warren opened the public hearing.
Chief Financial Officer Jessica Brown provided the staff report.
City Clerk Key noted for the record that there were no written correspondences or public communications received for this item.
Mayor Warren closed the public hearing.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to approve staff recommendation for 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 the Certified Lien List and direct staff to forward recorded liens to the County for collection.
3. Adopt Resolution No. 2023-025, of 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
B. Continuance of Appeal No. 23-001: A request to overturn the Planning Commission’s decision on January 17, 2023, approving Master Case No. 20-083 for Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031 along with the 21-2017
City Council Meeting Minutes March 28, 2023
adoption of an Initial Study, Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program for the development of commercial retail center to include a banquet hall, dual branded hotel, restaurant/retail building, and a drive-through restaurant (In-n-out) on an approximately 8.9 adjusted gross acre site on the northwest corner of South Highland Avenue and Citrus Avenue (APNs: 0228-301-01 through -08, 0228-310-20, -21, -22, -23, 0228-310-33 through -49, -51, and 52).
1. Open the public hearing and accept public comments.
2. Continue Appeal No. 23-001 to the April 25, 2023 City Council meeting).
Mayor Warren opened the public hearing.
City Clerk Key noted for the record that the City Clerk's Department received one (1) written correspondence in opposition of this item.
Senior Planner Sal Quintanilla provided the staff report.
The following individual spoke in opposition of the item:
1. Aidan Marshall
Mayor Warren left the public hearing open, per staff recommendation to continue this item to April 25, 2023.
ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to approve staff recommendation for Public Hearing Item 'B'. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
C. 1st Cycle General Plan Amendment; Master Case Number (MCN) 22-052: General Plan Amendment (GPA) No. 22-003, Zoning Code (District Map) Amendment (ZCA) No. 22-004, Zoning Code
Amendment (ZCA) No. 22-012 and Design Review (DRP) No.
22-028 - A request to adopt the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, amend the general plan land use designation and zoning designation from Multi-Family Residential and Multi-Family High Density Residential to Multi-Family Medium/High Density Residential and amend the required setback for buildings on parcels zoned Multi-Family Medium/High Density Residential (R-4) from parcels zoned Multi-Family Residential (R-3), in order to construct a multi-family residential development comprised of 88 units and five accessory dwelling units, on-site amenities, parking, landscaping and other on-site and off-site improvements on a 3.64 acre site located on the west side of Sierra Avenue between 21-2010
City Council Meeting Minutes March 28, 2023
Ramona Avenue and San Jacinto Avenue.
Mayor Warren opened the public hearing.
Associate Planner Cecily Sessions-Goins provided the staff report and answered questions of the City Council.
City Clerk Key noted for the record that there were no written correspondence or public communications received on this item.
Mayor Warren closed the public hearing.
ACTION: Motion was made by Council Member Cothran and seconded by Mayor Pro Tem Garcia and passed unanimously by a vote of 5-0 to approve Public Hearing Item 'C' as follows:
1. Adopt Resolution No. 2023-026, a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 22-003 amending the General Plan Land Use designation on approximately 3.64 acres from Multi-Family Residential (R-MF) and Multi-Family High Density Residential (R-MFH) to Multi-Family Medium/High Density Residential and approving Design Review No. 22-028 for the construction of a multi-family residential development comprised of 88 units and five accessory dwelling units, on-site amenities, parking, landscaping and improvements; and
2. Read by title only and waive further reading of and introduce Ordinance No. 1919, an Ordinance of the City of Fontana, approving an amendment to the Zoning Map changing the zoning designation for APN 0241-071-41 from Multi-Family Residential (R-3) to Multi-Family Medium/High Density Residential (R-4) and changing the zoning designation for APN 0241-071-42 from Multi-Family High Density Residential (R-5) to Multi-Family Medium/High Density Residential (R-4), and that the reading of the title constitutes the first reading thereof; and
3. Read by title only and waive further reading of and introduce Ordinance No. 1920, an Ordinance of the City Council of the City of Fontana approving an amendment to Section 30-454 of the Fontana Municipal Code (Zoning and Development Code) to change the minimum setback between buildings on a parcel zoned Multi-Family Medium/High Density Residential (R-4) and parcels zoned Multi-Family Residential (R-3), and that the read of the title constitutes the first reading thereof.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran,
City Council Meeting Minutes March 28, 2023
Roberts, and Sandoval; NOES: None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Ballantyne commented on recent little league opening ceremonies and thanked retiring Police Chief Green for his service.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked retiring Police Chief for his service.
City Clerk Key thanked retiring Police Chief for his service.
Council Member Cothran commented on little league opening ceremonies and discussed recent attendance at the employee recognition breakfast for years of service.
Mayor Pro Tem Garcia commented on little league opening ceremonies and thanked retiring Police Chief for his service.
Council Member Sandoval thanked Community Services and Public Works for their efforts for a successful little league opening ceremony; wished his daughter a happy birthday; and thanked retiring Police Chief for his service.
Council Member Roberts thanked Community Services and Public Works for their efforts for a successful little league opening ceremony and thanked retiring Police Chief for his service.
Mayor Warren thanked retiring Police Chief for his service; commented on the employee recognition breakfast for years of service; discussed homeless initiatives in Fontana; commented on recent surgery; and spoke on upcoming community events.
ADJOURNMENT:
A. Adjournment
City Council Meeting Minutes March 28, 2023
Mayor Warren adjourned the meeting at 8:59 p.m., with a moment of silence, in honor of the victims of the most recent school shooting in Nashville.
The meeting was adjourned to the next Regular City Council Meeting on Tuesday, April 11, 2023, 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 ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON THE 11TH DAY OF APRIL 2023.
____________________________
Germaine Key
City Clerk