City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, January 23, 2024
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, January 23, 2024.
Mayor Warren called the meeting to order at 1:00 p.m., with all members of the City Cou ncil 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: Planned Parenthood/Orange and San
Bernardino Counties, Inc. vs. City of Fontana, Case #
CIVSB2328945
2. CONFERENCE WITH LEGAL COUNSEL– EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Name of Case: Catalyst – Fontana LLC vs. City of Fontana, Case # CIVSB2329401
3. CONFERENCE WITH LEGAL COUNSEL – Significant
Exposure to Litigation
Pursuant to Government Code sec. 54956.9(e)(5): One Case
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, January 23, 2024.
Mayor Warren called the Regular City Council Meeting to order at 2:00 p.m.
ROLL CALL:
PRESENT: Mayo r Warren, Mayor Pro Tem Garcia, Council Member s Cothran, Robert s and Sandoval.
ABSENT: City Treasurer Janet Koehler -Brooks and City Clerk Germaine Key were 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 Sandoval.
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:
1. Housing Department Annual Report Presentation, Valerie Gonzales
Housing Development Manager Valerie Gonzales provided the presentation.
2. The Southern California Municipal Athletic Federation presents the Ci ty of Fontana’s Community Services Department with their Golden Shield Award for outstanding contributions to the Federation and awards Community Services Supervisor Stan Clark with a Special Recognition for excellence in service to the Federation.
Bill Blant, of the Southern California Municipal Athletic Foundation presented the Community Services Department with the Golden Shield Award for their outstanding contributions to the Federation and community. Community Services Supervisor Stan Clark was also awarded special recognition for their contributions to the Federation.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
Ted Jimenez thanked the Mayor and City Council for the progress and improvements made by the City.
Tarik Azim expressed support for Planned Parenthood.
Terrie Schmidt of Planned Parenthood expressed support for bringing Planned Parenthood to the city and urged the Council to end the development moratorium.
Ariana Chavez expressed support for Planned Parenthood.
Windi Joseph expressed support for Planned Parenthood.
Bobbi Jo Chavarria expressed support for Planned Parenthood.
Richard Montano discussed concerns with the conditions of the dog park at Fontana Park.
Andrea Schmidt of Planned Parenthood expressed support for bringing Planned Parenthood to the city.
Mark Richichi spoke in opposition of Planned Parenthood.
Danielle Holley, Executive Director of the Fontana Chamber of Commerce discussed 2023 highlights.
Professor McIntosh of Empowering Success Now discussed services offered by their non-profit organization.
Ana Gonzalez expressed support for Planned Parenthood.
Joaquin Castillegos expressed support for Planned Parenthood.
Elizabeth Sena discussed concerns with the City Council and disenfranchisement of community members. Also expressed support for Planned Parenthood.
Claudia Cuevas discussed concerns with only clear face masks being permitted in the Council Chambers and expressed support for Planned Parenthood.
Adam Milges discussed concerns with Palestine and expressed support for Planned Parenthood.
Oskar Zambrano expressed opposition of Ordinance 1939 and with the development of warehouses.
Cassie McDuff expressed support for Planned Parenthood.
CONSENT CALENDAR:
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-Q.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
A. Approval of Minutes 21-2735
Approve the minutes of the December 12, 2023, Regular City Council Meeting.
B. Adoption of Ordinance No. 1939 (Second Reading) 21-2711 Second Reading / Adoption of Ordinance No. 1939, approving an ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing.
C. Award bid Construction Contract for Sierra Lakes Pavement 21-2676 Rehabilitation Project (Bid No. (DE-24-42-SB)
1. Award and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Sierra Lakes Pavement Rehabilitation Project, the fiscal impact associated with the approval of this item is $1,647,818.00 (37604130-283-F-8330) and authorize a 10% contingency in the amount of $164,781.80 (37604130-283-F-8331), Bid No. (DE-24-42-SB).
2. Approve and authorize the City Manager to execute all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Lakes Pavement Rehabilitation Project.
D. Final Acceptance of the Kathy Binks Elementary Safe Routes to 21-2697 School Project
Accept as complete the work performed by CT&T Concrete Paving, Inc for the construction of the Kathy Binks Elementary Safe Routes to School Project (#37600024) and approve the final construction amount of $321,737.09 (Bid No. SB-108-DE-23).
E. Approve and Authorize the City Manager to Execute an 21-2709 Easement Deed
Approve and authorize the City Manager to execute an Easement Deed with San Bernardino County Flood Control District for the Narra Hills Project.
F. Declaring a Portion of Real Property City-owned on Oleander 21-2710 Avenue Exempt Surplus Land
1. Adopt Resolution No. 2024-001, declaring a portion of real property City-owned on Oleander Avenue Exempt Surplus Land, located between South Highland Avenue and Highland Avenue.
G. Lease Agreement for Fire Station 81 21-2712
1. Approve Lease Agreement between the Fontana Fire Protection District and the City of Fontana.
2. Authorize the City Manager and/or his designee(s) to execute Lease
Agreement on behalf of the City of Fontana, including extensions and non-material amendments.
H. Award a Construction Contract for the Courtplace Housing 21-2728 Development (Infrastructure Improvements) Project
1. Award bid and authorize the City Manager to execute a Construction Contract with Weka, Inc. of San Bernardino, CA for the construction of the Courtplace Housing Development (Infrastructure Improvements) Project in the amount of $4,863,524.00 and authorize a 10% contingency in the amount of $486,352.40 (Bid No. DE-24-124-SB).
2. Appropriate $1,779,000 from Storm Drain Fund (622), $294,000 from Sewer Capital Projects Fund (702), and $648,000 from Circulation Mitigation Fund (630) to the Courtplace Housing Development (Infrastructure Improvements) Project (PN0063).
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 Courtplace Housing Development (Infrastructure Improvements) Project (DE-24-124-SB).
I. 2022 Homeland Security Grant (HSGP) 21-2729
Accept the 2022 Homeland Security Grant Program subrecipient award in the amount $37,919 from the Office of Homeland Security.
Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.
J. Police Department Donations July - December 2023 21-2731 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.
K. 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) 21-2733
1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2023 JAG in the amount of $58,201.
2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2023 JAG and any other documents and/or amendments required to comply with this grant award.
L. Police Department Monthly Information Update 21-2736 Accept the Police Department monthly information update for November
2023.
M. Adopt a Resolution to Authorize the City Manager to Award 21-2744 Contract to Custom Craft Flooring of La Verne, California for the Emergency Flooring Repair Work at the Fontana Senior Center
1. Adopt Resolution No 2024-002, a resolution of the City Council of the City of Fontana, recognizing that certain conditions exist with the flooring of the Senior Center requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10- 147(a)(6).
2. Authorize the City Manager, or his designee, to execute a contract with Custom Craft Flooring in the amount of $214,700 with a 10% contingency in the amount of $21,470 for the performance of emergency flooring repair work at the Fontana Senior Center.
N. Approve Purchase of Automated Camera Equipment from Flock 21-2746 Group, Inc.
1. Approve the purchase of Automated Camera Equipment from Flock Group, Inc. to be utilized at various locations throughout the City of Fontana.
2. Authorize the Chief of Police or his assigned designee to sign the Order Form and Master Service Agreement.
3. Authorize the Purchasing Department to issue purchase orders as funding become available to Flock Group, Inc., for the purchase and installation of the Automated Camera Equipment from Federal Asset Seizure Fund #223 or other Fund sources.
O. Option and Purchase and Sale Agreement for City owned 21-2749 property
1. Approve the Option and Purchase and Sale Agreement with SA Golden Investments, LLC for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,500 square feet, more specifically described as APN’s 0191-163-26, 0191-163-17, and 0191-163-16.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
P. Contract with Serviam by Wright LLP to serve as City 21-2753 Prosecutor
Approve a contract with Serviam by Wright LLP (formerly known as Silver & Wright) and authorize the City Manager to execute contract.
Q. Acceptance of Fontana’s Downtown Revitalization Grant 21-2754
1. Accept grant funding from the State of California in the amount of $3,000,000 for Fontana’s Downtown Revitalization.
2. Authorize the City Manager to approve budget adjustments to increase revenue and appropriations of $3,000,000 as detailed in the fiscal impact.
PUBLIC HEARINGS:
A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed 21-2738 Abatement Accounts
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. 2024-003, 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.
Mayor Warren opened the Public Hearing.
City Clerk Key stated that there no written communications received or requests to speak.
Revenue Operations Manager Lisa Conlon provided the staff report.
Mayor Warren closed the Public Hearing.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 5-0 to approve staff recommendation on Public Hearing Item “A. ” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
B. Master Case No. 23-094 and Specific Plan Amendment No. 21-2690 23-003 - An Ordinance of the City Council of the City of Fontana, California, approving Specific Plan Amendment No. 23-003 to modify the West End Specific Plan to add “escape rooms” as a permitted use within the light industrial zoning district generally located west of cherry avenue ease of east avenue, north of foot hill boulevard, and south of base line avenue pursuant to a categorical exemption in accordance with
CEQA Guidelines Sections 15060(c), 15061(B)(3) (the
common-sense exemption), and Sections No. 3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA and in the alternative Section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) and direct staff to File a Notice of Exemption. Based on the information in the staff report staff recommends that the City Council adopt Ordinance No. 1940; and,
1. Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No.
3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be found with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and direct staff to File a Notice of Exemption;
2. Read by title only and waive further reading of and introduce Ordinance No. 1940, an Ordinance of the City Council of the City of Fontana, approving Master Case No. 23-094 and Specific Plan Amendment (SPA) No. 23-003 to amend the West End Specific Plan to add “Escape Room” as a permitted use within the Light Industrial District (BP2) District in the West End Specific Plan; and that the reading of the title constitutes the first reading thereof.
Mayor Warren opened the public hearing.
City Clerk Key stated there no written communications received or requests to speak.
Senior Planner Salvador Quintanilla provided the staff report.
Mayor Warren closed the public hearing.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 5-0 to approve staff recommendation on Public Hearing Item “ B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
C. Ordinance No. 2024-1941: An Ordinance of the City Council of 21-2742 the City of Fontana, California, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Developme nt Agreement with Fontana Responsible and Compliant Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption. Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report, resolution and presented in the public hearing, staff recommends that the City
Council adopt Ordinance No. 2024 -1941; and recommend the City Council:
1. Find, after review of the whole of the Project, including this Development Agreement, that the project is EXEMPT from the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Section 15301 (Existing Facilities) and direct staff to file a Notice of Exemption; and
2. Approve a Development Agreement with Fontana Responsible and Compliant Retail, LLC, based upon the findings in the staff report and ordinance, pending adoption of an Operating Agreement with Fontana Responsible and Compliant Retail, LLC.
3. Approve an Operating Agreement with Fontana Responsible and Compliant Retail, LLC, as required by FMC 33-21.
Mayor Warren opened the public hearing.
City Clerk Key stated that there were no written communications received.
Deputy City Manager Phillip Burum provided the staff report.
Council Member Sandoval asked if the nearby church was still operating.
Deputy City Manager Phillip Burum stated the church provided a letter of support.
The following individuals spoke in opposition of the item:
1. Ana Gonzalez
Mayor Warren closed the public hearing.
ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran and passed by a vote of 4 -1 to approve staff recommendation on Public Hearing Item “C.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None ABSENT: None NEW BUSINESS:
A. New Business
A. Appointment of Mayor Pro Tem 21-2670
Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term.
ACTION: Motion was made by Mayor Warren, seconded by Council Member Cothran, and passed by a vote of 4-1 to approve New Business Item “A” as follows:
Appoint Peter Garcia as Mayor Pro Tem for a term of one-year
The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matthew Ballantyne had no comments.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks wished all a happy new year and expressed condolences to City Clerk Key.
City Clerk Key thanked all for the condolences and support. Wished all a happy new year.
Council Member Roberts wished Council Members Cothran and Sandoval a happy birthday. He also r equested that the Council consider naming Fire Station 81 in honor of veteran Fontana Fire Department Engineer Robert E. Hartness who died in the line of duty.
City Manager Matthew Ballantyne stated that consideration of naming Fire Station 81 would be brought forward at the next Council meeting.
Council Member Sandoval asked if translation services would be provided for the January 24th Vendor Workshop and wished Council Member Cothran a happy birthday.
City Manager Matthew Ballantyne stated that translation services would be available.
Council Member Cothran wished Council Member Sandoval a happy birthday, offered condolences to City Clerk Key and encouraged all to attend the bike race at Southridge on January 27th.
Mayor Pro Tem Garcia wished all a happy new year.
Mayor Warren offered condolences to City Clerk Key and all who lost loved ones recently. She also recognized all organizations and support ers who provided assistance during the holiday season, discussed the recent Mayor's Conference in Washington, DC, thanked the community for their support and looked forward to more growth in 2024.
ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:
1. Yvonne Williams, long time Fontana resident and Exchange Club member
2. JaCynthia Quinn, Fontana resident
3. Mark McKay, owner of McKay Funeral Home
4. Erin Elizabeth Key, daughter of City Clerk, Germaine Key
Mayor Warren adjourned the meeting at 4:01 p.m. to the next Regular City Council Meeting on Tuesday, February 1 3, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Christina Rudsell
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON FEBRUARY 13, 2024.
_______________________
Germaine Key
City Clerk