City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, September 10, 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. 12:30 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, September 10, 2024.
Mayor Warren called the meeting to order at 12:33 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 NEGOTIATORS – ALL BARGAINING UNITS EXCEPT
POLICE OFFICER'S ASSOCIATION
(Gov. Code Section 54957.6)
2. 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
3. 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
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Jessica Perez vs. City of Fontana Case No. 5:24-CV-00239-JGB-SHK
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: 16736 Arrow Boulevard, APN #'s 0191-162-13 and 0191-162-40 City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Kim Family Trust (12-3-2004), Chung H Kim Under Negotiating: Price and Terms of payment
6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov. Code Section 54957)
Title: City Manager
7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov. Code Section 54957)
Title: City Attorney
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, September 10, 2024.
Mayor Warren called the Regular City Council Meeting to order at 2:08 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key were also present.
ABSENT: None
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 Mayor Pro Tem Garcia.
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 .
PROCLAMATIONS:
A. P roclamations
1. Mayor Warren and the City Council proclaim ed September as Human Resources Month, presenting a proclamation to Risk Manager Susan Mendoza.
SPECIAL PRESENTATIONS:
A. Special Presentations
1. Mayor Warren and the City Council recognized Corporal s Buddy Porch and Garrett Gooselaw, as June 2024 Employees of the Month.
2. Mayor Warren and the City Council recognized Human Resources Technician Anastasia Muratalla as the Human Resources and Risk Management Employee of the Year.
3. Mayor Warren and Ci ty Council recognized IT Business Analyst II Sharon Tan, IT Network/Security Administrator Chris Ulreich, and IT Technician I Isaak Marquez as the Innovation and Technology Department Employees of the Year.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
Frank Atry discussed concerns with the Police Department and an incident on August 29, 2024.
Janelle Ruiz, Public Affairs Manager for So Cal Gas introduced herself to the Council and the community.
Anthony Cordova discussed concerns with off-road vehicles riding near homes in Jurupa Hills and creating disturbances in the area. Also discussed concerns with lights being out at the Metrolink station.
Theresa Coleman thanked the City for various improvements and discussed concerns with multiple code violations along Miller Avenue and efforts to report through Fontana 311. Also stated that additional medical facilities, retail, and schools would be needed as the population grows.
CONSENT CALENDAR:
Council Member Cothran abstained on Item “S” since he owns property within the project area.
ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed by a vote of 5- 0 to approve Consent Calendar Items “A-AD” with Council Member Cothran abstaining on Item “ S.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN:
None; ABSENT: None
A. Approval of Minutes 21-3209
Approve the minutes of the July 23, 2024, Regular City Council Meeting and the July 25, 2024, Special City Council Meeting.
B. Adoption of Ordinance No. 1955 (Second Reading), Removal of 21-3206 Auto Center Overlay from Walnut Village Specific Plan
Second Reading/Adopt Ordinance No. 1955 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue.
C. Adoption of Ordinance No. 1956 (Second Reading), Walnut 21-3207 Village Specific Plan
Second Reading/Adopt Ordinance No. 1956 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan.
D. Donation of Surplus Vehicles to Rotary Club of Fontana 21-3238 Approve the donation of two City of Fontana Police vehicles to Rotary Club of Fontana.
E. Authorize the Purchasing Office to Piggy-back Using County of 21-3143 Los Angeles Maintenance Contract for Central Mix Rubberized Emulsion Aggregate Slurry (REAS)
1. Authorize the Purchasing Office to piggy-back using the County of Los Angeles Contract No. MA-IS-2440097-1 with Petrochem Materials Innovation, LLC to include Central Mix Rubberized Emulsion Aggregate Slurry as a treatment option for the City per Fontana City Code 10-152.
2. Authorize the City Manager to execute an On-Call Maintenance Contract with Petrochem Materials Innovation, LLC and any future amendments.
F. Approve a Contract with TA Mentoring Services LLC for the 21-3204 Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
1. Approve a contract in the amount of $517,000 with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s five (5) Middle School sites.
2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.
3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
G. Approve a Contract EBK & Company LLC to provide 21-3205 and deliver the US Engineering League for the Fontana Expanded Learning Program
1. Approve a contract in the amount of $300,000 with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club for the Fontana Expanded Learning Program at ten (10) Elementary School sites and the five (5) Middle School sites.
2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.
3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
H. Authorize the purchase of two (2) 150kVA portable generators 21-3215 Authorize the Public Works to use the Sourcewell Contract Agreement (#020923-MTQ) for the purchase of two (2) Multiquip 15kVA portable generators DCA150SSJU4F3 for $110,707.50 each including Taxes and any additional Delivery fees.
I. Acceptance of 2025 ABC Grant 21-3217
1. Approve an ABC Grant in the amount of $23,601.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary, operation, and equipment.
2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,601.00.
3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.
4. Approve an increase to revenues and appropriations in the amount of $23,601.00 to fund #40100004-301-A
J. Authorization to Apply for 2024 Healthy Homes Production 21-3223 Grant Program
1. Authorize the Fontana Housing Department to apply for the 2024 U.S.
Department of Housing and Urban Development Healthy Homes Production Grant Program (HHP).
2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the Healthy Homes Production Grant Program (HHP).
K. Authorize examination of sales and use tax records 21-3227 Adopt Resolution No. 2024-102, authorizing access to sales and use tax records.
L. Approve Security Substitution for Tract No. 16897, located 21-3229 south of Miller Avenue and west of Lime Avenue, for 5A
Holdings, LLC.
Approve security substitution for infrastructure improvements of Tract No. 16897 and authorize the City Manager to enter into a Subdivision Improvement Agreement with 5A Holdings, LLC for construction of infrastructure improvements.
M. Approve Security Substitution for Tract No. 20382, located 21-3230 south of Foothill Boulevard and west of Banana Avenue, for Serena Village 206 Owner, LLC.
Approve security substitution for infrastructure improvements of Tract No. 20382 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements.
N. Approve Amendment No. 1 to Task Order No. 1 21-3232 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
1. Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 1 (DE-24-195-SQ) with NV5, Inc. in the amount of $90,000 and an amended Task Order total of $180,000 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. 1 with NV5, Inc.
O. Approve Amendment No. 1 to the Professional Services 21-3237 Agreement for Architectural Design Services of the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP)
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $1,090,490.00 for a total contract amount of $1,189,490.00.
2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00.
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 City Hall Renovation Project - Phase II (City Hall).
P. Adoption of Resolution No. 2024-103 of the City Council of the 21-3240 City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.
Adopt Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.
Q. Approve the Designated Subrecipient Agreement with Caltrans 21-3241 for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Agreement for the Building a Better Connected Inland Empire Project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan Area.
Approve and authorize the City Manager to execute the Designated Subrecipient Agreement and future amendments with Caltrans for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant agreement for the Building a Better Connected Inland Empire project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area.
R. Approve an Agreement for the Collection of the Inland Empire 21-3243 Utilities Agency Water Connection Fee by the City of Fontana.
Authorize the City Manager to enter into an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee.
S. Final Acceptance of the North Heritage Phase 1 Fiber Optic 21-3245 Project
Accept as complete the work performed by GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project (#37600023).
T. Approve an Increase in City-Owned Contingency for the 21-3249 Design-Build Contract for the Downtown Parking Structure Project (SQ-24-DE-23-01)
Approve and authorize the City Manager to increase the city-owned contingency in the amount of $800,000.00 for a total city-owned contingency amount of $1,700,000.00.
U. Accept Contribution from San Bernardino County for Homeless 21-3251 Operating and Case Management Services
Authorize the City Manager or his designee to enter into a contract with the County of San Bernardino Board of Supervisors to accept a contribution in the amount of $600,000 to provide ongoing services, including operational management of homeless services and professional case management
services at The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), located at 17133 Valley Boulevard, Fontana, Ca 92335.
V. Approve Measure I Five-Year Capital Project Needs Analysis 21-3254 for Fiscal Years 2025/2026 - 2029/2030
Adopt Resolution No. 2024-104, adopting the Fiscal Years 2025/2026 - 2029/2030 Measure I Five-Year Capital Project Needs Analysis (CPNA).
W. Approve Main Extension Contract with the San Gabriel Valley 21-3256 Water Company
Approve and authorize the City Manager to execute a Main Extension Contract with the San Gabriel Valley Water Company.
X. Approve an Easement with Southern California Edison (SCE) 21-3259 Company at Sierra Avenue & Coyote Canyon Road (formerly Lytle Creek Road), for I-15 Logistics (Caprock)
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.
Y. Police Department Monthly Information Update 21-3264 Accept the Police Department monthly information update for June 2024.
Z. Fontana Lewis Library & Technology Center Entry Precast Stair 21-3250 Replacement
Award Bid and Authorize the City Manager to execute a contract with Ace Capital Engineering of Lake Forest, CA in the amount of $123,158.20 to Replace Precast Stairs of Lewis Library Entry and authorize a 10% contingency in the amount of $12,315.82
AA. Reimbursement Agreement Between the City of Fontana and IE 21-3269 Centerfield, LLC (IE) for the Sierra Avenue Basin Storm Drain Improvement Plans
Approve Reimbursement Agreement between the City and IE Centerfield, LLC for the Sierra Avenue Basin Storm Drain Improvement Plans for the City to utilize in the installation of a Basin Storm Drain on Sierra Avenue, Juniper Avenue, and Jurupa Avenue.
AB. Resolution in Support of Proposition 36: The Homelessness, 21-3273 Drug Addiction, and Theft Reduction Act
Adopt Resolution No. 2024-105 of the City Council of the City of Fontana, California, supporting Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act
AC. Resolution of Intention to Form Community Facilities 21-3278 District No. 115M (TM 19156)
Adopt Resolution No. 2024-106, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 115M.
AD. Resolution of Intention to Form Community Facilities 21-3280 District No. 116M (TM 20511)
Adopt Resolution No. 2024-107, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 116M.
PUBLIC HEARINGS:
A. Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, a 21-3213 request to discuss whether the Planning Commission’s findings for and approval of Conditional Use Permit (CUP) No.
95-019R4 to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz. for an existing convenience store have been in accordance with the City of Fontana’s Zoning and Development Code and to discuss whether the
approval of same is consistent with past and present City policy.
1. Uphold the staff recommendation and deny the requested modification for CUP95-019R4, thus denying the request to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz;
2. Direct staff to prepare an amendment to the City’s Zoning and Development Code to codify the prohibition of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz for off-sale ABC licenses.
Associate Planner Alexia Barberena provided the staff report.
Mayor Pro Tem Garcia discussed the importance of enforcing the City's policy on the sale of single-serve alcohol.
Mayor Warren opened the public hearing.
City Clerk Key stated that no written communications were received.
The following individuals spoke in opposition:
1. The appellant, Juggy Singh asked the Council to temporarily approve the sale of single use distilled spirits for one year to determine if there were any issues with selling. Stated
that his business would need to close if the sale of single use distilled spirits were not approved.
Mayor Warren closed the public hearing.
ACTION: Motion was made by Mayor Pro Tem Garcia , seconded by Council Member Sandoval, 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
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matt Ballantyne discussed the Line Fire and the City's efforts with providing public safety support. Also stated that the Jessie Turner Health and Fitness Center had been designated as an evacuation center for evacuees of the Line Fire . Commended Community Services staff for their support efforts along with the Red Cross.
Mayor Warren thanked Council Member Cothran for his support and efforts with helping to set up the evacuation center.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks did not have any comments.
City Clerk Key congratulated all staff who were recognized at today's meeting.
Council Member Cothran commended Community Services Director Daniel Schneider and staff for their efforts with coordinating the use of the Jesse Turner Health and Fitnes s Center as an evacuation center. Also discussed the City's donation of public safety vehicles to the City of San Felipe, Mexico.
Mayor Pro Tem Garcia did not have any comments.
Council Member Sandoval asked the community to pray for fire personnel and expressed condolences to the families of the individuals who today ’s meeting w ould be adjourned in memory of. Also wished his grandson Francisco a happy birthday.
Council Member Roberts expressed condolences to the families of the individuals who today ’s meeting would be adjourned in memory of.
Mayor Warren discussed the cooling centers throughout the city , stated that outdoor events were cancelled this week due to heat and air quality. Discussed recent events including Love Fontana, the regional meeting to address homelessness and the Citylink grand opening. Also
thanked County Supervisor Jesse Armendarez for his support with the recent wildfires and asked the community to pray for all victims and evacuees.
ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:
1. Pastor Samuel E.A. Dawkins
2. Reginald Webb
3. David Wibert
Mayor Warren adjourned the meeting at 3:24 p.m. to the Regular City Council Meeting on Tuesday, September 24, 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 SEPTEMBER 10, 2024.
_______________________
Germaine Key
City Clerk