City Council Meeting Minutes April 25, 2023
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, April 25, 2023
7:00 PM
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
City Council Meeting Minutes April 25, 2023
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 25, 2023.
Mayor Warren called the meeting to order at 6:04 p.m., with all members of the City Council present, except for Council Member Jesse Sandoval.
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
There were no public communications received for the following items:
ONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (1) Case: Anthony Harris v. City of Fontana Case # 5:23-cv-00523.
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).) Initiation of Litigation: One Potential Case 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 25, 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 and Roberts.
ABSENT: Council Member Sandoval
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 Mathew Bisk, followed by the Pledge of Allegiance led by Council Member Cothran.
City Council Meeting Minutes April 25, 2023
CLOSED SESSION ANNOUNCEMENT:
A. Closed Session Announcement:
City Attorney Duran noted for the record that Public Hearing Item A was removed from the City Council Agenda because the appellant withdrew their appeal; a written correspondence was received in support of Public Hearing Item A and was made available to the City Council.
PROCLAMATION:
Mayor Warren and City Council to proclaim the month of May 2023 as National Building and Safety Month (Building and Safety Director Jeffrey Baughman to present).
Building and Safety Director Jeffrey Baughman accepted the proclamation and shared a short video highlighting the department.
SPECIAL PRESENTATIONS:
Mayor Warren and City Council to recognize Officer Frank Losch and Training Specialist Sabrina Vega as March 2023 Police Department Employees of the month (Captain Brian Binks 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:
1. Karen Hooper, Executive Director from Inland Empire Ronald McDonald House, spoke on upcoming events.
2. Jordan Sisson spoke in opposition of Public Hearing Item A.
CONSENT CALENDAR:
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by a vote of 4-0 to approve the Consent Calendar Items A-F. The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: None; ABSENT: Sandoval; ABSTAIN: None
City Council Meeting Minutes April 25, 2023
A. Approval of Minutes 21-2122
Approve the minutes of the April 11, 2023, Regular City Council Meeting.
B. Accept Donation from Bel-Air Swap-Meet, Inc (68th Fontana 21-2095 Days Run)
Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use towards the 2023 68th Annual Fontana Days Run.
C. Approve Police and Safety Equipment Parts and Changeover 21-2116 Service Agreement (SB-79-PW-23)
Approve and award bid with West Coast Lights & Sirens, Inc. and 10-8 Retrofit, Inc. for police and safety equipment parts and changeover services (SB-79-PW-23).
Authorize the City Manager to execute agreement with West Coast Light and 10-8 Retrofit for five (5) years and any future amendments for a total of $350,000 annually.
D. Award a Construction Contract for the Cherry Avenue & South 21-2125 Highland Avenue Interim Traffic Signal Project.
Approve and authorize the City Manager to execute a construction contract with Elecnor Belco Electric, Inc. for the construction of the Cherry Avenue & South Highland Avenue Interim Traffic Signal Project in the amount of $278,589.00 and authorize a 10% contingency in the amount of $27,858.90 (Bid No. SB-110-DE-23).
Appropriate $140,000.00 from Measure I Fund 246 to the Cherry Avenue & South Highland Avenue Interim Traffic Signal Project No. 0030.
E. Award bid for Community Facilities District Administration 21-2127 Services (SP-50-FD-23) for Finance
Award bid (SP-50-FD-23) and authorize the City Manager to execute a contract with DTA, Inc. for the amount of not to exceed $106,925 for CFD Administration Services.
Approve and authorize the City Manager to execute any future amendments to the contract.
F. Police Department Monthly Information Update 21-2130 Accept the Police Department monthly information update for March 2023.
City Council Meeting Minutes April 25, 2023
PUBLIC HEARINGS:
A. Appeal No. 23-001: A request to overturn the Planning 21-2117 Commission’s decision on January 17, 2023, approving 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 (Master Case No. 20 -083) along with the adoption of an Initial Study, Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program for th e development of a commercial retail center 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).
No Public Hearing was conducted.
Item was removed from the City Council agenda since the appellant withdrew its appeal.
B. Public Hearing on Formation of Community Facilities 21-2126 District 112 (The Gardens Phase One)
Mayor Warren asked prior to opening the hearing, if there were any interested persons who wished to file a written protest on this item with the City Clerk. No such protest was presented.
Mayor Warren opened the Public Hearing.
City Clerk Key noted for the record that no written correspondence was received for this item.
Accountant Justin Marietta provided the staff report.
With no one interested to speak in favor or opposition of this item Mayor Warren closed the public hearing.
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran to approve the following.
1. Adopt Resolution No. 2023 -028, of the City Council of the City of Fontana of City Council Meeting Minutes April 25, 2023
formation of the City of Fontana Community Facilities District No. 112 (The Gardens Phase One), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district.
2. Adopt Resolution No. 2023-029, of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No. 112 (The Gardens Phase One).
3. Adopt Resolution No. 2023-030, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 112 (The Gardens Phase One).
The following motion was moved by roll call vote of 4-0 as follows: AYES: Warren, Garcia, Cothran and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval
City Clerk Key opened the two ballots and read the results of the election.
The results for both ballots were in favor.
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, to approve the following.
4. Adopt Resolution No. 2023-031, of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien.
5. Read by title only and waive further reading of and introduce Ordinance No. 1913 levying special taxes within the City of Fontana Community Facilities District No. 112 (The Gardens Phase One); and that the reading of the title constitutes the first reading thereof.
6. Adopt Resolution No. 2023-032, of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement.
The following motion was moved by roll call vote of 4-0 as follows: AYES: Warren, Garcia, Cothran and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval
C. User Fees for City Services 21-2131
Adopt Resolution No. 2023-033 a resolution of the City of Fontana adjusting existing user fees for various services provided by The City.
Mayor Warren opened the Public Hearing.
City Clerk Key noted for the record that there was no public correspondence for this item.
City Council Meeting Minutes April 25, 2023
Chief Financial Officer, Jessica Brown provided the staff report and answered question of the City Council.
Council Member Cothran inquired on an estimated time frame as to when the Community Services Study would be finalized.
Mayor Warren asked if Senior fees would be impacted by the increase; briefly spoke regarding cost of living and recommended that the city adopt a 5 percent increase to user fees.
Chief Financial Officer Jessica Brown clarified that the city if recommending a 5 percent increase to existing fees.
Mayor Warren closed the Public Hearing.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Cothran, to adopt Resolution No. 2023-033 and approve staff recommendation on Public Hearing Item “A”. The motion carried by a vote of 4-0 as follows: AYES: Warren, Garcia, Cothran and Roberts; NOES: None; ABSTAIN: None; ABSENT: Sandoval CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matt Ballantyne reminded the public of several upcoming community events and encouraged all to attend.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
Council Member Roberts complimented City Manager Ballantyne and city staff for putting on a terrific Goal Setting Workshop; expressed his deepest condolences towards City Treasurer Koehler-Brooks on the passing of her sister Nancy Koehler.
City Treasure Koehler-Brooks thanked everyone for the remarks and prayers.
City Clerk Key expressed her condolences towards City Treasurer Koehler- Brooks; conveyed her appreciation towards the Goal Setting Workshop; commented on her recent attendance to the “Pastor Breakfast” and “Earth Day” Celebration at West Valley Water District.
Mayor Pro Tem Garcia mentioned his recent attendance to the “Earth Day” Celebration at West Valley Water District.; spoke about a meeting that he attended with the County of San Bernardino where several issues were discussed regarding unpermitted food vending; commented on his upcoming attendance to the Ronald McDonald walk.
City Council Meeting Minutes April 25, 2023
Council Member Cothran expressed his condolences towards City Treasure Koehler-Brooks and spoke briefly about the impact that Nancy had on the community; provided a brief update on Fire Protection Agency investments and approval of their new alert system and purchase of new defibrillators.
Council Member Cothran also commented on his upcoming attendance to the Ronald McDonald Walk and his recent attendance at the city’s “Earth Day” Celebration, and Farmers Market events.
Mayor Warren expressed her condolences towards City Treasurer Koehler- Brooks and announced that the meeting will be adjourning in memory of Nancy Koehler.
Mayor Warren also spoke regarding upcoming events; Herald News Article which mentioned Sammy Hagar and the new “Stage Red” design for Center Stage; commented on her recent attendance at “Earth Day” and the Inland Empire Pastor’s Breakfast events.
Mayor Warren briefly spoke about the city’s upcoming attendance at the International Council of Shopping Centers; Public Health Safety issues as it concerns to unpermitted food vendors and thanked West Valley Water District representative, Angie Garcia.
Mayor Warren also commented on several things that are occurring in city within the next year; the closing of Stater Brothers on Sierra across from Kaiser Permanente Hospital; city’s efforts in homeless; redesign of Stage Red; grand opening of Spaggi’s Restaurant and the relocation of Water of Life- City Link.
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting in memory of Nancy Koehler. The meeting adjourned at 8:08 p.m. to the next Regular City Council Meeting on May 9, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.