City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, May 14, 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, May 14, 2024.
Mayor Warren called the meeting to order at 1:03 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 LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Class & Compensation Study Discussion
City Negotiator: Matt Ballantyne, City Manager and Rakesha Voss, Director of Human Resources and Risk Management.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood/Orange and San Bernardino Counties, Inc. vs. City of Fontana
CALL TO ORDER/ROLL CALL:
A. 2:00 P.M. Call To Order/Roll Call:
The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, May 14, 2024.
Mayor Warren called the Regular City Council Meeting to order at 2:08 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Council Members Cothran, Roberts and Sandoval.
City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key were also present.
ABSENT: Mayor Pro Tem Garcia
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.
PROCLAMATION:
A. Proclamation:
1. Mayor Warren and City Council proclaimed May 5 – 11, 2024, as Professional Municipal Clerks Week, presenting a proclamation to City Clerk Germaine Key and City Clerk Department staff.
2. Mayor Warren and City Council proclaimed May 2024, National Building and Safety Month, presenting a proclamation to Building and Safety Director Jeffrey Baughman.
3. Mayor Warren and City Council proclaim ed Wednesday, May 15, 2024, as Police Officers Memorial Day in Fontana and the week of May 11- 17, 2024, as National Police Week in Fontana. Police Chief Michael Dorsey accepted the proclamation.
SPECIAL PRESENTATIONS:
A. Special Presentations
1. Mayor Warren and City Counci l swore in new Fontana Police Officers Alex Chuy, Imaad Sally and Bishop Thompson.
2. Mayor Warren and City Council swore in new San Bernardino County Firefighters.
3. Mayor Warren and City Council recognized Accounts Payable Clerk, Patricia Valdez on her retirement.
PUBLIC COMMUNICATIONS:
A. Public Communications
Ivana Wright spoke in support of Planned Parenthood.
Emilia Martinez spoke in support of Planned Parenthood.
Dante Barrientos Diaz spoke in support of Planned Parenthood.
Dorene Isenberg spoke in support of Planned Parenthood.
Ariana Chavez spoke in support of Planned Parenthood.
Julia Bohl spoke in support of Planned Parenthood.
Mark Richici spoke in opposition of Planned Parenthood.
Stacey Ramos spoke in support of Planned Parenthood.
Tariq Azim spoke in support of Planned Parenthood.
James Pester discussed go back and listen
Jocelyn Sida spoke in support of Planned Parenthood.
The Jesus Crist Organization spoke in opposition of Planned Parenthood.
Maria P spoke in opposition of Planned Parenthood.
Rebecca P spoke in opposition of Planned Parenthood.
Osbelia Lozano spoke in opposition of Planned Parenthood.
Agustin R spoke in opposition of Planned Parenthood.
Bobbi Jo Chavarria spoke in support of Planned Parenthood.
Maricela Gabrera spoke in support of Planned Parenthood.
Jennifer Cardenas spoke in support of Planned Parenthood.
Elizabeth Cena spoke in support of Planned Parenthood.
Ana Gonzalez spoke in support of Planned Parenthood.
CONSENT CALENDAR:
Deputy City Manager Ray Ebert stated that Consent Calendar Item “I” had a typographical error in the staff report and any references to the northeast corner should be the northwest corner.
Council Member Cothran abstained from Consent Calendar Item “M,” subsection 12 as he received financial compensation from that agency.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Warren, and passed by a vote of 4- 0 to approve Consent Calendar I tems “A-M.” The motion carried by the following vote: AYES: Warren , Cothran, Robert s, and Sandoval; NOES:
None; ABSTAIN: None; ABSENT: Garcia
A. Approval of Minutes 21-2994
Approve the minutes of the April 23, 2024, Regular City Council Meeting.
B. Adoption of Ordinance No.1949 (Second Reading), Approve a 21-2993 Development Agreement with HS Fontana Retail, LLC.
Adoption of Ordinance No. 1949 on Second Reading, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Development Agreement with HS Fontana Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.
C. Purchase and Sale Agreement - Downtown Fontana Property 21-2955
1. Approve a Purchase and Sale Agreement for the purchase of property located at 16710 and 16726 Spring Street, more specifically described as APNs #0191-161-13 and 0191-161-18.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
D. Award a Construction Contract for Public Works Concrete 21-2960 Maintenance Project (PW-24-133-SB)
Approve and authorize the City Manager to execute a construction contract with We R Builders, Inc. from Glendale CA for the construction of the Public Works Concrete Maintenance Project in the amount of $289,836.00 and authorize a 10% contingency in the amount of $28,983.60
E. Adopt a Resolution for Projects Funded by the Road Repair and 21-2968 Accountability Act SB 1
Adopt Resolution No. 2024-019 of the City Council of the City of Fontana to incorporate projects funded by SB 1, the Road Repair and Accountability Act
for Fiscal Year 2024/2025.
F. Approve a Professional Services Agreement for Architectural 21-2986 Design Services for the Forge Studios and Innovation Lab Project (DE-24-160-SP)
1. Approve and authorize the City Manager to execute a Professional Services Agreement in a not-to-exceed amount of $467,690.00 with DSEA, Inc. for Architectural Design Services for the Forge Studios and Innovation Lab Project, Request for Proposals DE-24-160-SP.
2. Approve and authorize the City Manager to execute future individual amendments to the Professional Services Agreement not exceeding $100,000.00 for the Forge Studios and Innovation Lab Project, Request for Proposals DE-24-160-SP.
3. Approve and 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 Forge Studios and Innovation Lab Project.
G. Approve a Task Order for Geotechnical Engineering and 21-2987 Materials Testing Services for the Downtown West Parking Structur e Project.
1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $321,478.00 with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Engineering and Material Testing Services for the Downtown West Parking Structure Project, Request for Proposals SQ-87-DE-19-88.
2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $100,000.00 for the Downtown West Parking Structure Project.
3. Approve and 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 Downtown West Parking Structure Project
H. Final Acceptance of Street, Storm Drain, Sewer, Traffic Signal, 21-2988 and Signing & Striping Improvements on the southwest corner of South Highland Avenue and Mango Avenue for Tract No. 20441
1. Accept as complete the street, storm drain, sewer, traffic signal, and signing & striping improvements for Tract No. 20441 located on the southwest corner of South Highland Avenue and Mango Avenue.
2. Adopt Resolution No. 2024-020 of the City Council of the City of Fontana accepting public sewers in Tract No. 20441 as part of the City sewer system.
I. Acceptance of Final Map for Tract No. 20512 21-2989
Approve the Final Map for Tract No. 20512, located on the northeast corner of Citrus Avenue and Summit Avenue, and accept easements.
J. Approve a Bond Reduction for Tract No. 17041 - Lot 3 (In-tract 21-2990 Improvements) located within the Citrus Heights North Specific Plan (Shady Trails).
Approve a reduction of the Faithful Performance Bond, Labor and Material Bond, and the Warranty Bond posted by PLC Shady Trails LLC, a Delaware Limited Liability Company, for Tract 17041 - Lot 3 in-tract improvements consisting of street, street light, storm drain, and sewer, located within the Citrus Heights North Specific Plan (Shady Trails).
K. Police Department Monthly Information Update 21-2995 Accept the Police Department monthly information update for March 2024.
L. Final Acceptance of the Cypress Center and Knopf Center 21-3000 Tenant Improvements Project.
1. Accept as complete the work performed by Fidelity Builders for the tenant improvements to the Cypress and Knopf Center Project (PW-24-20-PW) and approve the final construction costs of $477,275.50.
2. Authorize the Public Works Director to file a Notice of Completion and release the 5% retention.
M. Co-Sponsorship Application Cycle One (1) FY 2024/2025 21-3002 Review and approve (17) Co-Sponsorships recommended for the first half of the 2024/2025 fiscal year (July 2024 through June 2025) totaling $41,728 in in-kind support as recommended by the Parks, Community, and Human Services Commission.
PUBLIC HEARINGS:
A. Public Hearing for Consideration and Adoption of a Campaign 21-2950 Sign Deposit
Adopt Resolution No. 2024-021, adopting a refundable campaign sign deposit.
Mayor Warren opened the public hearing.
City Clerk Key announced that there were no written correspondences received for this item.
Deputy City Manager Ray Ebert provided the staff report.
Council Member Sandoval asked where the funds would be deposited.
Deputy City Manager Ebert stated the funds would be held in trust by the City and refunded to the candidate after the election if all signs were removed. Removal of non- compliant signs would be deducted from the candidate’s deposit.
Discussion ensued regarding public rights-of-way.
Council Member Cothran stated that the current sign ordinance requires signs to be removed within 10 days following an election and asked if a process would be in place to ensure all signs had been removed prior to refunding a candidate’s deposit.
Deputy City Manager Ebert stated that the City Clerk would establish a process for collecting , managing and returning funds in addition to auditing and hav ing an awareness of where signs were located.
Council Member Sandoval asked if the deposit would be charged to o utside candidates not running for local office.
Deputy City Manager Ebert stated that outside candidates would be billed for removal of non-compliant signs. Also sta ted that the City Clerk's Office would determine the process for billing for non-compliant signs.
The following individuals spoke in opposition:
1. Bobbi Jo Chavarria
2. Oskar Zambrano
3. Stacy Ramos
4. Elizabeth Sena
Mayor Warren clarified that the City Clerk reviews the process for running for local office with all candidates. Also clarified rights-of-way.
City Attorney Ruben Duran clarified that state law requires that an analysis be prepared to determine the cost of providing the service before adopting fees . Also noted that the fees cannot be charged more than the cost to provide the service.
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 3 -1 to approve staff recommendation on Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
B. Appeal No. 24-003, Appeal No 24-004, and Appeal No. 24-006: 21-2969 Requests to overturn the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 certifying a Final Environmental Impact Report (FEIR), State Clearinghouse Number (SCH No.) 202112059 and adopting a Mitigation,
Monitoring, and Reporting Program (MMRP) for the
consolidation of 22 parcels into one parcel and the development of an industrial warehouse building totaling approximately 623,460 square feet on approximately 29.8 acres on the
northwest corner of Slover Avenue and Cypress Avenue (APNs:
0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).
1. Deny Appeal No. 24-003, Appeal No. 24-004, and Appeal No. 24-006, thereby upholding the Planning Commission’s decision on March 19, 2024 approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 along with the certification of a Final Environmental Impact Report (EIR), State Clearinghouse Number (SCH No. 202112059) and adoption of a Mitigation, Monitoring, and Reporting Program (MMRP) for the consolidation of 22 parcels into one parcel and development of an industrial commerce building totaling approximately 623,460 square feet on approximately 29.8 acres located at the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, - 03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).
2. Uphold the Planning Commission’s decision to Certify the FEIR, SCH No. 20212059 and adopt the MMRP and direct staff to file a Notice of Determination.
APPELLANTS / APPEAL APPLICANTS:
Appeal No. 24-003: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877.
Appeal No. 24-004: Advocates for the Environment, 10211 Sunland Boulevard, Shadow Hills, CA 91040.
Appeal No. 24-006: Adams Broadwell Joseph & Cardozo for CARE CA, 520 Capitol Mall, Suite No. 350, Sacramento, CA 95814.
Mayor Warren opened the public hearing.
City Clerk Key stated that two written correspondences were received for this item.
Associate Planner Jon Dille provided the staff report.
The following individuals spoke in opposition:
1. Oskar Zambrano
2. Joaquin Castillegos
3. Amy Smith, CARE CA
4. Andrew Grant
5. Brandon Burton
6. Luis Lopez, Ironworkers 433
7. Ironworkers Local 416
8. Zach Strasters
9. Tony Bolanos
10. Mr. Torees Jr.
11. Ivana Wright on behalf of Assembly Member Eloise Gomez-Reyes
12. Claudia Cuevas
13. Elizabeth Sena
14. Ana Gonzalez
15. Bobbi Jo Chavarria
16. Stacey Ramos
The following individuals spoke in favor:
1. Alex Zamora
2. DJ. Arellano, Duke Realty (Applicant)
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 3 -1 to approve staff recommendation on Public Hearing Item “B.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
C. Appeal No. 24-002 and Appeal No. 24-005: Requests to 21-2963 overturn the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs:
0237-131-25, 0237-131-26, and -27).
1. Deny Appeal No. 24-002 and Appeal No. 24-005, thereby upholding the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and
adoption of a Mitigation Monitoring and Reporting Program (MMRP) for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs:
0237-131-25, 0237-131-26, and -27).
2. Uphold the Planning Commission decision to certify the FSEIR, SCH No. 2009091089, and adopt the MMRP and direct staff to file a Notice of Determination.
APPELLANTS / APPEAL APPLICANTS:
Appeal No. 24-002: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877
Appeal No. 24-005: Adams Broadwell Joseph and Cardozo for Californians Allied for a Responsible Economy (CARE CA): 601 Gateway Boulevard Ste 1000, South San Francisco, CA 94080
Mayor Warren opened the public hearing.
City Clerk Key stated that two written correspondences were received for this item.
Senior Planner Rina Leung provided the staff report.
Council Member Cothran asked staff to confirm that the existing site was annexed from the County and already zoned industrial. Also asked if a study had been conducted on the number of truck trips per day.
Senior Planner Leung confirmed that the existing site was annexed from the County and zoned industrial. She also stated that an Environmental Impact Review was conducted, and truck traffic was consistent with City guidelines.
Council Member Sandoval asked about the amount of truck trips that would occur daily at the site.
A representative with EDP Solutions stated that t here were 20 inbound/outbound truck trips in the morning, 26 inbound/outbound truck trips in the afternoon/evening and 562 two- way daily inbound and outbound trips.
The following individuals spoke in opposition:
1. Oskar Zambrano
2. Ironworkers 433
3. Amy Smith
4. Andrew Graf
5. Ana Gonzalez
6. Elizabeth Cena
7. Brandon Burton
8. Ironworkers Local 416
9. Zach Strasters
10. Tony Bolanos
11. Mr. Torres Jr.
12. Jennifer Cardenas
13. Ivana Wright on behalf of Assembly Member Eloise Gomez Reyes
14. Bobbi Jo Chavarria
15. Stacey Ramos
The following individuals spoke in support:
1. Jason Baiz
2. Thomas Ruiz, LIUNA
Mayor Warren closed the public hearing.
Council Member Roberts asked staff to confirm that concerns with potential water main infrastructure upgrades required for the project were addressed.
Senior Planning Leung stated that the c oncerns raised in CA RE CA’s written public comment were discussed with Fire Marshall Maurice Morris who stated that the standards and conditions of approval for the project were consistent with City standar ds. Also noted that additional onsite work was not required.
ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran and passed by a vote of 3 -1 to approve staff recommendation on Public Hearing Item “C.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
D. Master Case No. 22-143, Development Agreement (AGR) 21-2923 No. 24-002: An Ordinance of the City Council of the City of Fontana, California, approving, pursuant to the certified Final Subsequent Environmental Impact Report, a Development
Agreement with Prologis Exchange 11115 Hemlock Avenue
LLC, providing for an extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately
40.01 acres, and directing staff to File a Notice of Determination.
Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report and presented in the public hearing, staff recommends that the City Council:
1. Find that the project has been reviewed under a previously certified Final Subsequent Environmental Impact Report (State Clearinghouse No. 2009091089), pursuant to Section 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and that no further analysis is required, and direct staff to file a Notice of Determination; and
2. Read by title only and waive further reading of and introduce Ordinance No. 1950, an Ordinance of the City Council of the City of Fontana, pursuant to the certified Final Subsequent Environmental Impact Report (SCH 2009091089) for the project, approving Development Agreement (AGR) No. 24-002 between the City of Fontana and Prologis Exchange 11115 Hemlock Avenue LLC, which provides for extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres.
Mayor Warren opened the public hearing.
City Clerk Key stated that two written correspondences were received for this item.
Senior Planner Rina Leung provided the staff report.
The following individuals spoke in opposition:
1. Oskar Zambrano
2. Andrew Graf
The following individuals spoke in favor:
1. Deshawn, Western States Carpenters
2. Eddie Campos, WSRCC
3. Jason Baiz
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 3-1 to approve staff recommendation on Public Hearing Item “D.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
E. Master Case No. 24-019 and Municipal Code Amendment No. 21-2924 24-001: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3).
1. Determine that this project is Categorically Exempt pursuant Sections 15060(c), 15061(B)(3) (the “common-sense” exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and,
2. Read by title only and waive further reading of and introduce Ordinance No. 1951, an Ordinance of the City Council of the City of Fontana
approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30- 41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30-285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30- 362 through 30-370 and 30- 378 through 30- 380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acr es in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30- 467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; and the reading of the title constitutes the first thereof.
Mayor Warren opened the public hearing.
City Clerk Key announced that there were no written correspondences received for this item.
Senior Planner Sal Quintanilla provided the staff report.
The following individuals spoke in opposition:
1. Oskar Zambrano
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 4-0 to approve staff recommendation on Public Hearing Item “ E.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
F. Public Hearing on Formation of Community Facilities District 21-3001 No. 113 (The Gardens Phase Two)
Mayor Warren asked for any members of the public who wish to file a w ritten protest prior to the opening of the public hearing for the Formation of Community Facilities District No. 113.
There was no one who wished to file a protest.
Mayor Warren opened the public hearing.
City Clerk Key announced that there were no written correspondences received for this item.
Accountant II 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 Cothran, seconded by Council Member Roberts and passed by a vote of 4-0 to adopt the following:
1. Adopt Resolution No. 2024-022, of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two), 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. 2024-023, 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. 113 (The Gardens Phase Two).
3. Adopt Resolution No. 2024-024, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).
The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
Following the motion, Mayor Warren asked City Cler k Key to open the ballots and a nnounce the results of the election.
City Clerk Key announced that the City received two ballots in favor.
ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran to move the following by a vote of 4-0 as follows:
4. Adopt Resolution No. 2024-025, 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. 1952 levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two); and that the reading of the title constitutes the first reading thereof.
6. Adopt Resolution No. 2024-026, of the City Council of the City of Fontana authorizing the execution and delivery of Joint Community Facilities Agreements.
7. Adopt Resolution No. 2024- 027, 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 motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
G.Public Hearing, Election, and Resolutions on Formation of 21-3003 Community Facilities District No. 114M (Tract 20512)...End
Mayor Warren asked for any members of the public who wish to file a w ritten protest prior to the opening of the public hearing for the Formation of Community Facilities District No. 114M.
There was no one who wished to file a protest.
Mayor Warren opened the public hearing.
City Clerk Key announced that there were no written correspondences received for this item.
Accountant II 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 and passed by a vote of 4-0 to adopt the following:
RECOMMENDATION:
Immediately after conducting a Public Hearing on the formation of the City of Fontana Community Facilities District No. 114M (the “District” or “Community Facilities District No. 114M”), staff recommends the City Council take the following actions in the following order:
1. Adopt Resolution No. 2024-028, Establishing the City of Fontana Community Facilities District No. 114M (the “Resolution of Formation”).
2. Adopt Resolution No. 2024-029, Calling a Special Election and Submitting to the Voters of Community Facilities District No. 114M a Proposition with Respect to the Annual Levy of Special Taxes within Community Facilities District No. 114M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 114M and a Proposition with Respect to the Establishment of an Appropriations Limit for Community Facilities District No. 114M (the “Resolution Calling the Election”).
The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
Following the motion, Mayor Warren asked City Clerk Key to open the ballot and announce the results of the election.
City Clerk Key announced that the City received one ballot in favor.
ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran to move the following by a vote of 4-0 as follows:
3. Conduct the Special Election.
4. Adopt Resolution No. 2024-030, Declaring the Results of the Special Election for Community Facilities District No. 114M on the Propositions with Respect to (i) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be provided by Community Facilities District No. 114M and (ii) the establishment of an appropriations limit (the “Resolution Declaring Election Results”).
5. Conduct First Reading (Read title only, and waive further reading) of Ordinance No. 1953, Authorizing the Levy of a Special Tax within Community Facilities District No. 114M (the “Ordinance”).
The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
NEW BUSINESS:
A. New Business
New Business Items “A” and “B” were considered in one presentation.
A. Fiscal Year 2023-24 Third Quarter Budget Status Report 21-2997 Approve the recommended Fiscal Year 2023-24 Third Quarter Budget adjustments.
B. American Rescue Plan Act Update 21-3004
Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects.
Chief Financial Officer Jessica Brown provided the staff report.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 4-0 to approve staff recommendation on New Business Items “A” and “B.” The motion carried by the following vote: AYES: Warren , Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
PUBLIC COMMUNICATIONS - CONTINUED:
Despite the extension of public co mmunications to the end of the City Council meeting, no speakers remained to voice their concerns.
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
Deputy City Manager Ray Ebert congratulated Trish Villegas on her retirement and wished his wife a happy 17th anniversary.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked Chief Financial Officer Brown for tonight’s presentation and congratulated public safety staff that were sworn in.
City Clerk Key congratulated City Clerk staff, Accounts Payable Clerk Trish Villegas on her retirement and congratulated public safety staff that were sworn in. Also discussed the recent Jazz Festival event that she attended.
Mayor Warren stat ed that t onight’s meeting would be adjourned in memory of Louis Ralles who was a Fontana Senior Citizen’ s Center member and one of the center ’s founding softball league members.
Council Member Sandoval expressed condolences to the family of Louis Ralles , discussed the recent Jazz Festival event he attended, and wished all a happy belated Happy Mother's Day.
Also discussed concerns with gender discrimination experienced by female police officers.
Council Member Roberts congratulated public safety staff that were sworn in.
Council Member Cothran discussed the National Police Week memorial event he attended and encouraged all to participate in the upcoming Fontana Days Run and upcoming summer aquatics programs.
Mayor Warren discussed upcoming events including the City-County Conference and International Council of Shopping Centers Conference that she and staff would be attending.
Also discussed homeless initiatives for housing voucher programs for veterans and recognized the Police Cadets for all their efforts. Mayor Warren also discussed the Partners in Educational Excellence Award that the Fontana Mayor ’s Educational Coalition recently received. Last, she discussed medical resources that were available in Fontana and encouraged the community to contact 2-1-1 for more information.
ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individual:
1. Louis Ralles
Mayor Warren adjourned the meeting at 6:42 p.m. to the next Regular City Council Meeting on Tuesday, May 28, 2024, at 2 :00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
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Christina Rudsell, CMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MAY 28, 2024.
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Germaine Key
City Clerk