City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, May 28, 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 28, 2024.
Mayor Warren called the meeting to order at 1:01 p.m., with all members of the City Council present. Mayor Pro Tem Garcia was absent.
PUBLIC COMMUNICATION - CLOSED SESSION:
There were no public communications received for the following items:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Daniel Delgado- Oramas vs. City of Fontana Workers’ Compensation (Compromise and Release)
Claim Number: 180800090 & 0080000
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Thomas Borden vs. City of Fontana Workers’ Compensation (Compromise and Release)
Claim Number: 220800135
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Case: Angela Frydendall vs. City of Fontana Workers’ Compensation (Compromise and Release)
Claim Number: 0909002165
4. 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
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 28, 2024.
Mayor Warren called the Regular City Council Meeting to order at 2:05 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.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
Ray Culbertson of REAL Journey Academies thanked the Council for their support and invited them to E-High's graduation ceremony on May 30th, 5 – 7 p.m.
Randal Josserand of REAL Journey Academies thanked the Council for their support.
Evan Webb expressed concerns with the City's ordinance against protesting in a residential neighborhoods.
Herlinda Carrillo spoke in opposition of Planned Parenthood.
Emmy Wilson spoke in opposition of Planned Parenthood.
Angela Morales spoke in opposition of Planned Parenthood.
Maria P. spoke in opposition of Planned Parenthood.
Rebecca P. spoke in opposition of Planned Parenthood.
The Jesus Crist Organization spoke in opposition of Planned Parenthood.
Margo Alducin spoke in opposition of Planned Parenthood.
Mark Richichi spoke in opposition of Planned Parenthood.
Rosa Loredo spoke in opposition of Planned Parenthood.
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 Consent Calendar I tems “A-K” with Council Member Sandoval voting No on Items “ B, C and D.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN:
None; ABSENT: Garcia
A. Approval of Minutes 21-3034
Approve the minutes of the May 14, 2024, Regular City Council Meeting.
B. Adoption of Ordinance No.1950 (Second Reading), a 21-3035 Development Agreement with Prologis Exchange 11115
Hemlock Avenue LLC
Adoption of Ordinance No. 1950 on Second Reading, 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.
C. Adoption of Ordinance No. 1951 (Second Reading), an update 21-3037 to the Fontana Zoning and Development Code
Adoption of Ordinance No. 1951 on Second Reading, 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 maxi mum lot dimensions and add language to allow common and public open space for projects over two acres 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.
D. Adoption of Ordinance No. 1952 (Second Reading), levying 21-3038 special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).
Adopt Ordinance No. 1952 on second readying, levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).
E. Adoption of Ordinance No. 1953 (Second Reading), authorizing 21-3039 the Levy of a Special Tax within Community Facilities District No. 114M (DR Horton Los Angeles Holding Company, Inc)
Second Reading/Adopt Ordinance No. 1953 Authorizing the Levy of a Special Tax within Community Facilities District No. 114M.
F. Award Bid for the Cypress Avenue Storm Drain (Phase I) 21-3005 Project (Bid No. DE-24-71-SB)
1. Award bid and authorize the City Manager to execute a construction contract with Downing Construction, Inc. for the construction of the Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB), in the amount of $15,288,124.00 and authorize a 10% contingency in the amount of $1,528,812.40 (Bid No. DE-24-71-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 Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB).
3. Appropriate $3,620,000.00 from Storm Drain Fund 622 to Project 37603361, Cypress Avenue Storm Drain Project.
4. Transfer $1,500,000.00 from Project 37600036, Septic to Sewer Conversion, to Project 37603361, Cypress Avenue Storm Drain Project.
G. Approve a Bond Reduction for Tract No. 20010 (Offsite and 21-3012 In-tract Improvements), Tract No. 20069 (In-tract
Improvements), and Tract No. 20070 (In-tract Improvements) for the Narra Hills Project
Approve a bond reduction of the Faithful Performance and Labor and Materials Bonds posted by LS Fontana, LLC for Tract No. 20010, Tract No. 20069, and Tract No. 20070 located along Coyote Canyon Road (formerly Lytle Creek Road) and north of Duncan Canyon Road.
H. 2023 Permanent Local Housing Allocation (PLHA) Award and 21-3013 Plan
1. Accept the State of California 2023 Permanent Local Housing Allocation (PLHA) Funds in the amount of $841,109;
2. Adopt Resolution No. 2024-031, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD).
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 ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;
4. 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 Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements;
5. Authorize the City Manager, or City Manager’s designee, to award and execute any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program.
I. Acceptance of Final Map for Tract No. 20521 21-3014
Approve the Final Map for Tract No. 20521 located along Citrus Avenue between South Highland Avenue and Los Cedros Avenue; authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Farwell Street; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.
J. Award Bid of CCTV Cameras for Jack Bulik and Veteran’s 21-3018 Parks
Award bid (DE-24-131-SB) for the purchase and installation of CCTV cameras at Jack Bulik and Veteran’s Park per bid in the amount of $134,540.74.
K. Hotel Management Agreement for Homelessness Prevention 21-3023 Resource and Care Center (HPRCC)
1. Approve the proposal and authorize the City Manager to enter into an agreement with KC Management, LLC in the amount of $120,000 for four months plus optional, additional 60-day extensions of $60,000 each for professional property management of the Homelessness Prevention Resource and Care Center (HPRCC) located at 17133 Valley Boulevard, Fontana CA 92335.
2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section
3.1.5.
PUBLIC HEARINGS:
A. Appeal No. 24-007: Request to overturn the Planning 21-3015 Commission’s April 2, 2024 decision adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program and approving Tentative Parcel Map No. 22 -034 (TPM No. 20669) and Design Review No. 22- 065, for a proposed mixed -use development comprised of 437 residential units with 4,000 square feet of commercial retail area on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251- 171-19,
0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35).
Deny Appeal No. 24-007, thereby upholding the Planning Commission’s decision on April 2, 2024, approving, pursuant to the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), a Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 to consolidate thirteen (13) parcels (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35) totaling approximately 11.6 gross acres into two (2) parcels (Parcel No. 1 is approximately 5.55 acres and Parcel No. 2 approximately 5.66 acres) for the construction of a mixed-use development consisting of 437 residential units and 4,000 square feet of retail space on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue.
Mayor Warren opened the public hearing.
City Clerk Key stated that one written correspondence was received for this item.
Associate Planner Alejandro Ricco provided the staff report.
Council Member Sandoval asked if there would be an exit on Valley Blvd from the c omplex and would there be a stop sign or signal. Also asked if there was an exit to the facility towards the west and if the existing parking lot to the south was part of the facility.
Associate Planner Ricco stated there w ould be a center median along Valley Blvd allowing for a right-in/right-out entrance and exi t. Also confirmed there was an exit to the facility towards the west and the parking lot to the south would be fenced off , but there would be a parking area and driveway near Washington Drive.
Discussion ensued about due diligence and modeli ng used for greenhouse gas emissions in the Environmental Impact Report (EIR) along with site access, frontage, and the project ’s ability to provide housing for medical interns and personnel.
Mayor Warren asked if any retail opportunities had been identified for that area.
Associate Planner Ricco stated that an existing nearby shopping center was available, and the goal was to identity more retail opportunities while increasing walkability in that area.
The following individuals spoke in opposition:
1. Marjan Abubo of SAFER
Mayor Warren closed the public hearing.
City Attorney R uben Duran stated that Mr. A bubo’s comments to the Council had been addressed based on the previous discussion among Council and staff regarding due diligence with the EIR proces s and there was a r easonable basis for the determination made by staff and the consultants.
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. California Enterprise Development Authority / REAL Journey 21-3043 Academies, Inc.
1. Conduct the public hearing with respect to the approval of the issuance of the Obligations by the California Enterprise Development Authority;
2. Adopt Resolution No. 2024-032, in accordance with Internal Revenue Code Section 147(f) authorizing the issuance of a tax-exempt obligation by the California Enterprise Development Authority in an amount not to exceed $55,500,000 for the benefit of REAL Journey Academies Foundation, Inc., a California nonprofit public benefit corporation and an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, or a related or successor entity.
Mayor Warren opened the public hearing.
City Clerk Key announced that there were no written correspondences received for this item.
Chief Financial Officer Jessica Brown provided the staff report.
With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.
Council Member Sandoval stated that he would be abstaining from voting on the item since the value of REAL Journey Academies’ gift for the Council was unknown.
City Attorney Ruben Duran stated that there was no legal requirement to abstain and any gifts could be declined or returned within 30 days.
ACTION: Motion was made by Mayor Warren , seconded b y Council Member Roberts 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: None; ABSTAIN: Sandoval; ABSENT: Garcia
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matthew Ballantyne thanked the Council for excusing him from the May 14th City Council meeting so he could attend his son’s graduation ceremony. Also stated that the June 11th meeting would be cancelled, and a special meeting would be held on June 18th.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks had no comments.
City Clerk Key congratulated all graduates including Chief Financial Officer Jessica Brown’s son. Also congratulated and commended the Community Services Department for the recent arts festival event.
Council Member Cothran discussed the recent International Conference of Shopping Centers (ICSC) Convention in Las Vegas that he, staff and Council rece ntly attended. Also thanked all who served in the military.
Council Member Roberts discussed the ICSC Convention in Las Vegas that he, staff and Council recently attended. Also discussed the recent retirement event he attended at Fire Station 71.
Council Member Sandoval discussed the ICSC Convention in Las Vegas that he, staff and Council recently attended. Also thanked all who served in the military and congratulated his grandsons on advancing a grade level.
Mayor Warren discussed the ICSC Convention in Las Vegas that she, staff and Council recently attended. Also discussed Fontana being designated as one of the safest cities in California and recent events she attended including the Memorial Day event in Rialto, Mayor's Sneaker Ball, City -County Conference, No Kid Goes Hungry Proclamation Presentation . Last she discussed summer programs and services offered by the City and School District, the CTE Program and wished her granddaughter a happy birthday.
ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individual:
1. Robert Hicks
Mayor Warren adjourned the meeting at 3:00 p.m. to the Special City Council Meeting on Tuesday, June 18, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Christina Rudsell, CMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JUNE 18, 2024.
_______________________
Germaine Key
City Clerk