City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, December 12, 2023
2:00 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 Key - City Clerk
Janet Koehler-Brooks, City Treasurer
CLOSED SESSION:
A. 1:00 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, December 12 , 2023.
Mayor Warren called the meeting to order at 1:00 p.m., with all members of the City Council present.
PUBLIC COMMUNICATION - CLOSED SESSION:
There were no public communications received for the following items:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING
LITIGATION (Gov. Code, § 54956.9(d)(1).)
Name of Case: Anderson, Moore v. City of Fontana
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Ronald Brunn vs. City of Fontana Workers’
Compensation (Compromise and Release)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-274-33 and 0191-284-13
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Randall Swedlove
Under Negotiating: Price and Terms of payment
CALL TO ORDER/ROLL CALL:
A. 2:00 P.M. Call To Order/Roll Call:
The Regular Meeting of the Fontana City Counci l was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, December 12, 2023.
Mayor Warren called the Regular City Council Meeting to order at 2:03 p.m.
ROLL CALL:
PRESENT: Mayo r Warren, Mayor Pro Tem Garcia, Council Member Roberts, Council Members Sandoval and Cothran.
ABSENT: City Clerk Germaine Key
City Treasurer Janet Koehler-Brooks was also present.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.
CLOSED SESSION ANNOUNCEMENT:
City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.
PRESENTATIONS:
A. Presentations:
A. City Link Presentation
Associate Plan ner Cecily Session -Goins provided the presentation and discussed the three phases of the City Link Facility.
Council Member Sandoval asked what the timeline was for each phase.
Pastor Dan Carroll , of Water of Life Church, stated that Phase 1 and interim Phase 1A were currently under construction and anticipated to open in August/September 2024. Also noted that design work for Phases 2 and 3 would begin next year and completion of construction was contingent on funding with the project ideally being completed within two to three years.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
A representative read a statement on behalf of Hardy Brown with the NAACP in support of Ordinances 1938 and 1939 and discussed concerns with disturbances at recent City Council meetings.
Evan Webb spoke in opposition of Ordinances 1938 and 1939.
Lynn Summers of Bay PAC discussed concerns with the lack of civility and decorum at recent
City Council meetings.
Ronald Martinez discussed concerns with street conditions and repairs.
Carina C arrillo discussed concerns with the meeting start time and lack of permitting opportunities for street vendors. Also spoke in opposition of Ordinances 1938 and 1939.
Jose Rosales discussed concerns with the meeting start time, street vendor enforcement and homelessness.
Mark Richici discussed concerns with Planned Parenthood.
A representative with the WIN Organization discussed concerns with the recent treatment and hate speech towards Mayor Warren.
Claudia Cuevas discussed concerns with Ordinances 1938 and 1939 and street vendors.
Elizabeth Sena discussed concerns with the meeting start time and recent lawsuits.
Joaquin Castillegos spoke in opposition of Ordinances 1938 and 1939 and Consent Items “I,” “J” and “K.”
Michael Townsend spoke on behalf of Assembly Member Eloise Gomez -Reyes in opposition of Consent Item I.
Ana Gonzalez of the CWEAJ discussed concerns with the meeting start time and spoke in opposition of all items on the agenda.
Bobbie Jo Chavarria discussed concerns with the disenfranchisement of the Latino community and the adoption of ordinances on the Consent Calendar without public input.
Deputy City Clerk Christina Rudsell stated that the City Clerk’s Office received 21 written public comments which had been sent to the City Council and would be added to the record.
CONSENT CALENDAR:
Prior to the motion being made, Council Member Sandoval stated that he would be voting No on Consent Calendar Items “B,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” “L,” and “M.”
Prior to the motion being made, Council Member Cothran stated that he would be abstaining on Consent Calendar Items “R,” “U,” and “X.”
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 5- 0 to approve the Consent Calendar I tems “A-Y” with Council Member Sandoval voting No on items “B,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” “L,” and “M” and Council Member Cothran abstaining on items “R,” “U,” and “X.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
A. Approval of Minutes 21-2634
AApprove the minutes of the November 14, 2023, Regular City Counci l Meeting, and the November 15, 2023, Adjourned City Council Meeting.
B. Adoption of Ordinance No. 1926 (Second Reading) 21-2651 Second Reading / Adoption of Ordinance No. 1926, approving a Zoning District Map Amendment (ZCA No. 22-001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue.
C. Adoption of Ordinance No. 1927 (Second Reading) 21-2652 Second Reading / Adoption of Ordinance No. 1927, Approving a Zoning District Map Amendment (ZCA) No. 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana A venue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.
D. Adoption of Ordinance No. 1928 (Second Reading) 21-2653 Second Reading / Adoption of Ordinance No. 1928, Approving a Development Code Amendment (ZCA) No. 22- 007 to change the Form-Based Code Map, Section No. 30- 406, to identify the subject properties as Route 66 Gateway sub- district for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND - 61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.
E. Adoption of Ordinance No. 1929 (Second Reading) 21-2654 Second Reading / Adoption of Ordinance No. 1929, Approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED).
F. Adoption of Ordinance No. 1930 (Second Reading) 21-2655 Second Reading / Adoption of Ordinance No. 1930, Approving Development Agreement No. 23-003 to include payment of a public benefit fee.
G. Adoption of Ordinance No. 1931 (Second Reading) 21-2656 Second Reading / Adoption of Ordinance No. 1931, approving a Zoning District Map Amendment (ZCA) No. 23-004 to change the zoning designation of the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres.
H. Adoption of Ordinance No. 1932 (Second Reading) 21-2657 Second Reading / Adoption of Ordinance No. 1932, approving a Development Code Amendment (ZCA) No. 23- 005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232- 171-05, -06, -07, and -08) that includes approximately 7 acres.
I. Adoption of Ordinance No. 1933 (Second Reading) 21-2658 Second Reading / Adoption of Ordinance No. 1933, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue.
J. Adoption of Ordinance No. 1934 (Second Reading) 21-2659 Second Reading / Adoption of Ordinance No. 1934, Approving a Specific Plan Amendment No. 23-004, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue.
K. Adoption of Ordinance No. 1935 (Second Reading) 21-2660 Second Reading / Adoption of Ordinance No. 1935, Approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park.
L. Adoption of Ordinance No. 1936 (Second Reading) 21-2661 Second Reading / Adoption of Ordinance No. 1936, Approving Master Case No. 23-090 and Municipal Code Amendment No. 23-003 amending Chapter
30 that will modify multiple sections, including modification of appeal hearing timeframes, addition of language to provide for minor and major planned unit developments (PUDs), modification of language related to open space requirements, modification of garage door design requirements; inclusion of language to reduce landscape setback requirements to accommodate bus turn outs and deceleration lanes, addition of language to streamline development standards within Medium Density Residential (R -2) and Multiple Family (R-3) zoning districts, and additional recreational facilities options within the Multi -Family Medium/High Density (R-4) and Multi-Family High Density Residential (R-5) zoning districts.
M. Adoption of Ordinance No. 1937 (Second Reading) 21-2662 Second Reading / Adoption of Ordinance No. 1937, approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to.
N. 2024 City Hall Holiday and City Council Meeting Calendar 21-2553 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2024.
O. Accept the 2023 TDA Article 3 Grant Award for the Catawba 21-2626 Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project
1. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Catawba Avenue Safe Routes to School Project in the amount of $396,348.00.
2. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Rectangular Rapid Flashing Beacons Project in the amount of $52,500.00.
3. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Transit Stop Improvements Project in the amount of $59,023.00.
4. Adopt Resolution No. 2023-115, a Resolution of the City Council of the City of Fontana authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completions for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit
Stop Improvements Project related to TDA Article 3 Grant Awards.
P. Approve Task Orders for Engineering Design Services for the 21-2627 South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project
1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $136,394.00 with STC Traffic, Inc. for Engineering Design Services for the South Highland Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66
2. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $128,914.00 with STC Traffic, Inc. for Engineering Design Services for the Santa Ana Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66
3. Approve and authorize the City Manager to execute any future amendments to both Task Orders.
4. 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 South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project.
Q. Annual Report on Development Impact Fees 21-2629
Adopt Resolution No. 2023-116, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds
R. Award a Construction Contract for the San Sevaine Trail Phase 21-2647 I Segment 2 Project
1. Award bid and authorize the City Manager to execute a Construction Contract with H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase I Segment 2 Project in the amount of $13,314,324, authorize a 10% contingency in the amount of $1,331,432 (Bid No. SB-109-DE-23) contingent upon San Bernardino County Transportation Authority (SBCTA) Board Approval of Project Funding Plan, and ratify determination that the protest filed in connection therewith is without merit and any deficiencies asserted in connection with the protest are insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage.
2. Appropriate $2,500,000 from Park Development Impact Fees (DIF) to the San Sevaine Trail Phase 1 Segment 2 Project No. 3345.
3. 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 San Sevaine Trail Phase 1, Segment 2 Project (SB-109-DE-23).
S. Award a Construction Contract for the Sierra Avenue 21-2633 Landscape Median Project (Bid No. DE-24-28-SB)
1. Award Bid and authorize the City Manager to execute a construction contract with IMR Landscape, Inc. for the construction of the Sierra Avenue Landscape Median Project in the amount of $745,690.00 and authorize a 10% contingency in the amount of $74,569.00 (Bid No. DE-24 -28-SB).
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 Sierra Avenue Landscape Median Project.
T. Adopt the Updated Salary Table for the Non-Classified, 21-2650 Part-time Classifications Due to Minimum Wage Increases.
Adopt Resolution No. 2023-117, a resolution of the City Council of the City of Fontana adopting the non-classified, part-time salary table to comply with minimum wage increases, effective January 1, 2024.
U. Approve Amendment No. 8 to Professional Services 21-2663 Agreement with David Evans and Associates Inc. and Amendment No.
1.6.1 to Task Order with Interwest Consulting Group for the San Sevaine Trail Phase 1, Segment 2 Project
1. Approve and authorize the City Manager to execute Amendment No. 8 to a Professional Services Agreement with David Evans and Associates Inc. for Engineering Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-12-DE-87-17) in the amount of $670,119.00 for a total contract amount of $1,591,941.32.
2. Approve and authorize City Manager to execute any future amendments to the Professional Services Agreement.
3. Approve and authorize the City Manager to execute Task Order 1.6.1 to Interwest Consulting Group, Inc. for Project Management Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-87-DE-19-04) in the amount of $174,000.00 for a total task order amount of $305,200.00.
4. Approve and authorize the City Manager to execute any future amendments to the Task Order.
V. Police Department Monthly Information Update 21-2664 Accept the Police Department monthly information update for October 2023.
W. Approve Amendment No. 1 to Task Order No. 5 with NV5, Inc. 21-2678 for Plan Check, Map Check, and WQMP Review Services
1. Approve and authorize the City Manager to execute an Amendment No. 1 to Task Order No. 5 with NV5, Inc. in the amount of $83,000 and an amended task order total of $158,000 for additional plan check, map check, and WQMP review services.
2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 5 with NV5, Inc
X. Termination of solar power purchase agreement with General 21-2680 Electric International Inc., for Assessor Parcel Number 0192-031-0260-W000.
1. Terminate the solar power purchase agreement with General Electric International Inc., for Assessor Parcel Number 0192-031-26
2. Authorize the City Manager to execute any and all documents to satisfy the termination on behalf of the City of Fontana
3. Remit a termination payment in the amount of $129,512.00 to General Electric
4. Appropriate $129,512.00 from Fire District Fund 210 to Fund 103
Y. Award a Contract for the Interior Renovation for Stage RED 21-2687
1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the renovation of Stage RED (Bid No. DE-24-25-SB) in an amount not to exceed $1,400,000.
2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the renovation of Stage RED.
NEW BUSINESS:
Items “A” and “B” were considered in one presentation.
City Attorney Ruben Duran provided the staff report.
Council Member Sandoval motioned for a point of order to allo w public comments on the items. The motion died for lack of a second.
Council Member Sandoval expressed concerns and spoke in opposition of the ordinance.
A. New Business
A. An Urgency Ordinance of the City Council of the 21-2685 City of Fontana in accordance with government code sections 36934 and 36937 (B) enacting a prohibition on targeted residential picketing.
Waive reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1938, An urgency ordinance of the City Council of the City of Fontana in accordance with Government Code Sections 36934 and 36937(B)
enacting a prohibition on targeted residential picketing.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4- 1 to approve New Business Item “ A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:
Sandoval; ABSTAIN: None; ABSENT: None
B. An Ordinance of the City Council of the City of Fontana 21-2688 enacting a prohibition on targeted residential picketing.
Waive reading of the text in its entirety, read by title only, and introduce Ordinance No. 1939, and ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4- 1 to approve New Business Item “B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:
Sandoval; ABSTAIN: None; ABSENT: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matthew Ballantyne wished all a happy holiday season and thanked staff for a successful Christmas Parade. Also stated that the S enior Center would be cl osed December 18 - January 15 to replace the flooring and the Cypress Center would be closed for remodeling December 18 - March 1 for flooring replacement and remodeling.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks wished all a happy holiday season.
Council Member Cothran wished all a happy holiday season.
Mayor Pro Tem Garcia wished all a happy holiday season and stated that the intent of Ordinances 1938 and 1939 was to prevent picketing at any residence in Fontana.
Council Member Sandoval expressed opposition to the meeting start time and stated that he was here to serve the community. Also wished all a happy holiday season and discussed concerns with the influx of the unhoused population coming in from Los Angeles County.
Council Member Roberts wished all a happy holiday and a happy new year.
Mayor Warren thanked all city and public safety staff and discussed upcoming holiday events and toy drives. Also thanked the faith-based community for assisting the community. Wished all a happy holiday season.
ADJOURNMENT:
A. Adjournment
Adjourn to the next Regular City Council Meeting on January 23, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.