Tuesday, April 11, 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
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, April 11, 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 items:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of case: Samir Marroush v. David Michael Goodland, City of Fontana, et al.
Case #: CIVDS2011421
PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title of Position: City Attorney
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
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, April 11, 2023.
Mayor Warren called the meeting to order at 7:00 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 Greg Peck, followed by the Pledge of Allegiance led by Council Member Sandoval.
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement:
City Attorney Duran announced that the City Council met in Closed Session on the items posted on the agenda and took no reportable action.
City Council Meeting Minutes April 11, 2023
PROCLAMATION:
A. 21-2109
1. Mayor Warren and City Council to recognize April 2023 as National Organ Donation Month (Elaine Jones, Representative from One Legacy, to present) Mayor Warren and City Council presented Elaine Jones with One Legacy a proclamation recognizing the month of April 2023 as National Organ Donation Month.
SPECIAL PRESENTATIONS:
A. 21-2108
1. Mayor Warren and City Council to recognize Assistant Building Official Steven Meyers as the 2023 Building and Safety Employee of the Year (Building and Safety Director Jeffrey Baughman to present).
Mayor Warren and City Council recognized Steven Meyers as the Employee of the Year.
2. Mayor Warren and City Council to recognize Officers Julio Landaverde and Jose Rodriquez; Lead Property Control Clerk Yvonne Jimenez; and Field Evidence Technicians Aimee Gregory and Lisa Young as the Fontana Police Department January 2023 Employees of the Month (Captain Stover and Captain Burton to present).
Mayor Warren and City Council recognized the Police Department Employees of the Month.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
Amanda Morales, Representative with the Chamber of Commerce, announced past community events and Board Meetings.
Eddie Campos, spoke in opposition of Tax Fraud that hinders the working class.
Greg Abdouch, spoke on mental health awareness, AB 1314.
Socorro Pantaleon, Representative of West Valley Water District, announced upcoming Earth Day Celebration.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, to adopt Consent Calendar Items A-H, by an oral vote of 5-0, with the exception
City Council Meeting Minutes April 11, 2023
of Consent Calendar Item 'J' to the end of the meeting and the removal of Consent Calendar Item 'I' to New Business. Motion carried as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None A. Approval of Minutes 21-2101
Approve the minutes of the March 28, 2023, City Council Meeting.
B. Adoption of Ordinance No. 1919 (Second Reading) 21-2111 Second Reading/Adoption of 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 (R4).
C. Adoption of Ordinance No. 1920 (Second Reading) 21-2112 Second Reading/Adoption of 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).
D. Acceptance of Final Map for Tract No. 20010 21-2067
Approve the Final Map for Tract No. 20010 located along Coyote Canyon Road north of Duncan Canyon Road; accept easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.
E. Approve the purchase and installation of seven (7) baseball backstops at three City parks: four (4) at Veteran’s West Park, two (2) at Southridge Park and one (1) at Chaparral Park.
21-2072
Approve and authorize the City Manager to enter into a contract agreement with NR Development Inc. of Downey, CA in the amount of $979,500.59 for the purchase and installation of seven (7) baseball backstops and authorize a contingency (10%) in the amount of $97,950.06.
F. Approval of Final Map for Tract No. 20397 21-2087
Approve the Final Map for Tract No. 20397 located on the west side of Banana Avenue south of Foothill Boulevard; accept easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.
G. Approve Final Change Order with E.E. Electric, Inc. for the Construction of the Etiwanda Avenue and Slover Avenue/Airport Drive SCE Undergrounding Project SB-02-DE-22.
21-2093
Authorize the City Manager to approve a change order with E.E. Electric, Inc. in the amount of $411,879.59 for the construction of the Etiwanda Avenue and Slover Avenue/Airport Drive SCE Underground Project (Bid No. DSB-02-DE-22).
H. Award a Construction Contract for Public Works Concrete Maintenance Project (SB-107-PW-23)
21-2103
Approve and authorize the City Manager to execute a construction contract with
City Council Meeting Minutes April 11, 2023
Stance Construction Company of Chino, CA for the construction of the Public Works Concrete Maintenance Project in the amount of $700,806.95 and authorize a 10% contingency in the amount of $70,080.70 (Bid No.
SB-107-PW-23).
NEW BUSINESS:
A. Issuance of Special Tax Bonds for CFD #99 (The Retreat) 21-2105 Adopt Resolution No. 2023-027, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 99 (Mountainview) Special Tax Bonds, Series 2023, in an aggregate principal amount of not to exceed $5,500,000, 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
Justin Marietta, Accountant II, provided the staff report.
ACTION: Motion was moved by Council Member Cothran, seconded by Council Member Sandoval, to approve New Business Item A (previously Consent Calendar Item 'I'). The motion carried by a unanimous vote of 5-0 as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES:
None; ABSTAIN: None
PUBLIC HEARINGS:
A. Public Hearing and Adoption of HUD Community Development Block Grant, HOME Investment Partnerships Program, and
Emergency Solutions Grant 2023 Annual Action Plan
21-2042
1. Adopt the draft FY2023-24 Annual Action Plan for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programming;
2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) programs;
3. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Community Development Block Grant (CDBG) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements.
City Council Meeting Minutes April 11, 2023
Mayor Warren opened the Public Hearing.
City Clerk Key noted for the record that no written correspondence were received for this item.
Housing Project Manager Specialist Mary Aguilar provided the staff report.
City Clerk Key noted for the record that there were no public correspondence for this item.
Mayor Warren closed the Public Hearing.
ACTION: Motion was made by Council Member Cothran, second by Council Member Roberts, to approve staff recommendation on Public Hearing Item 'A'. The motion carried by a unanimous roll call vote of 5-0 as follows:
AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
CONSENT CALENDAR:
A. Consider opposition to Assembly Bill (AB) 1000 and support for Assembly Bill (AB) 1748.
21-2123
Authorize the Mayor and City Council to sign a letter of opposition to AB 1000 and a letter of support for AB 1748.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to approve staff recommendation for New Business Item A (formerly Consent Calendar Item J). The motion carried by a 4-1 roll call vote as follows: AYES: Warren, Garcia, Cothran, and Roberts; NOES:
Sandoval; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
No report.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Council Meeting Minutes April 11, 2023
City Treasurer Koehler-Brooks had no comments.
City Clerk Key congratulated the Employees of the Month and commented on Organ Life Month.
Council Member Sandoval extended condolences for loss of public safety members; and wished son a Happy Birthday.
Council Member Roberts had no comments.
Council Member Cothran commented on recent community events.
Mayor Pro Tem Garcia commented on public speakers and street vendors.
Council Member Sandoval noted for the record that Fontana does have an Earth Day Celebration.
Mayor Warren announced different resources to remain current with the City; discussed street vendors; commented on the master plan of Fontana; commented on Warehouse Ordinance; commented on community; and commented on upcoming community events .
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting at 8:58 p.m. in honor of Robert Squalls and Deacon Arguster Brisco Sr.
The meeting was adjourned to the Special City Council Meeting on Friday, April 21, 2023, at 9:00 a.m. at the Heritage Neighborhood Center and to the next Regular City Council Meeting on Tuesday, April 25, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. ________________________
Susana Gallardo
Specialist to the Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON APRIL 25, 2023.
___________________________
Germaine Key
City Clerk
City Council Meeting Minutes April 11, 2023