City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, November 12, 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
WORKSHOP:
A. 12:00 P.M. City Council and Planning Commission Joint Workshop
The Joint Workshop meeting with the Planning Commission and City Council was held on Tuesday, November 12, 2024, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335.
Mayor Warren called the meeting of the City Council to order at 12:03 p.m.
Planning Commission Vice-Chair Sanchez called the meeting of the Planning Commission to order at 12:03 p.m.
ROLL CALL:
City Council Members:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran , Roberts and Sandoval
ABSENT: None
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
Planning Commission:
PRESENT: Vice -Chair Sanchez, Sec retary Quintana and Commissioner s Sangha and Thrasher
ABSENT: Chair Fort
The invocation was led by Council Member Roberts , followed by the pledge of allegiance led by Council Member Cothran.
Chair Fort arrived at 12:08 p.m.
City Clerk Key noted for the record that there were no public communication requests for this workshop.
1. FOOTHILL/SIERRA CORRIDOR
Deputy City Manager Phillip Burum introduced the item.
Senior Planner R ina Leung provided the staff report and provided background information on the Foothill/Sierra Corridor and entertainment overlay district.
Senior Planner Leung also discussed the three Entertainment Center nodes at key
intersections, along with the established and the permitted uses for each.
Beautification requirements for the Entertainment Center were discussed and examples of monument signage and public art themes were provided.
Mayor Pro Tem Garcia inquired about the reasoning behind the node locations being set up outside of the downtown corridor.
Deputy City Manager Burum explained that the nodes were designed to focus on key areas along Foothill Boulevard and Sierra Avenue, aiming to encourage expansive entertainment and food-related uses and establish destination points.
Council Member Cothran asked why the focus was solely on the Entertainment Center nodes and not Foothill Boulevard as a whole.
Deputy City Manager Burum stated that the Senate Bill 2 grant the City received addressed areas south of Foothill Boulevard and Sierra Avenue, which guided the focus.
Council Member Roberts expressed concern about restrictions on automotive uses at Sierra Avenue and Marygold Avenue, emphasizing the need to ensure the viability of existing auto-related businesses.
Mayor Warren agreed that further discussion on automotive uses was necessary.
Council Member Sandoval voiced concerns about the potential impact of the changes on small businesses.
Commissioner Ricardo Quintana asked how prohibited uses for each node were determined, specifically for Entertainment Node 3 at Foothill Boulevard and Cherry Avenue.
Senior Planner Leung explained the rationale behind the designated uses for each node, adding that adjustments could be made if needed.
Deputy City Manager Burum noted that the Foothill Boulevard and C herry Avenue node lacks the same traffic counts as other nodes.
Chair Fort raised concerns about restrictions on medical uses in one of the nodes.
Deputy City Manager Burum explained that the area already includes over 11,000 medical uses, primarily due to the presence of the Kaiser Permanente Medical Center.
Planning Commission Chair Fort inquired about Alcohol Beverage Control (ABC) permitting for restaurants.
Deputy City Manager Burum stated that the City aims to streamline ABC permitting through the Conditional Use Permit process.
Chair Fort r equested additional criteria for sit -down restaurants and a formalized process and guidelines for public art, monuments, and signage in the Entertainment Center.
Vice-Chair Sanchez suggested holding existing businesses to higher standards to promote growth rather than incentivizing relocation.
Deputy City Manager Burum noted that rising real estate prices might naturally displace certain auto-related businesses over time.
Mayor Warren emphasized the importance of fostering expansion within the area while adhering to established criteria.
2. MASTER STORM DRAIN PLAN (MSDP)
Senior Project Manager Rob Kilpatrick of David Evans and Associates provided the staff report on the MSDP update, d iscussed the need for the update and the structure of the MSDP , and presented an overview of the goals and objectives.
Engineering Manager Dave Hammer delivered an update on the detention basin policy.
3. FONTANA SEWER MASTER PLAN UPDATE
Senior Engineer Kris Danielson, Albert A. Webb Associates provided an overview of the Sewer Master Plan, covering the following key topics: Land Use and Population considerations , Planning and Design Criteria. Existing Facilities Description, Projected Wastewater Flows , System Hydraulic Model, and Capital Improvement Program (CIP).
Senior Engineer Danielson discussed model development and results, near -term and long-term CIP improvements, and proposed facilities.
Mayor Pro Tem Garcia asked about onsite water retention for two- acre projects and raised concerns regarding aesthetics.
Engineering Manager Dave Hammer explained that most retention sites are located underground.
Council Member Cothran inquired whether it would be more cost -effective to combine sewer and storm drain improvements in certain areas.
The City Council and Planning Commission reached a consensus to direct staff and consultants to incorporate the changes discussed during the workshop.
The Workshop was adjourned at 1:04 p.m.
CLOSED SESSION:
A. 1 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, November 12 , 2024.
Mayor Warren called the meeting to order at 1:04 p.m., with all members of the City Council present.
PUBLIC COMMUNICATION - CLOSED SESSION:
There were no public communications received for the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: PERKINS, et al. v. CITY OF FONTANA; SGT. KYLE GUTHRIE; ALEX MILLAN [USDC Case No.: 5:23-cv-01272-SSS-SK]
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: Matthew Ballantyne, City Manager and Rakesha Voss, Director of Human Resources and Risk Management. Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Management Association; Police Benefits Association; Police Officers As sociation and Management/Confidential Employees.
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, November 12, 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 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 .
SPECIAL PRESENTATIONS:
A. Special Presentations
1. Mayor Warren and the City Council swore-in new San Bernardino County Firefighters., Alex Lee, Elijah Arrington, and Jordan Wilson.
2. Mayor Warren and the City Council recognized Fontana resident Kyree King for representing the United States in the men’s 4x100 relay team at the Paris 2024 Olympic Games.
3. Troy Ament, Associate Superintendent of Administrative Services and Emergency Operations at Chaffey College, provided an update on their new Fontana Campus.
Mayor Pro Tem Garcia exited the meeting at 2:33 p.m.
PUBLIC COMMUNICATIONS:
A. Public Communications
Frank Atry expressed concerns about the meeting start time. Also, voiced concerns about the discouragement of profane language and name-calling during public communications.
Theresa expressed concerns about transients along Alder Street and panhandling in residential areas and near the 7- Eleven convenience store. Also Reported an incident involving a transient who nearly assaulted a minor and harassed her. Last, she noted challenges with using the Fontana 311 system due to the inability to provide a specific physical address for incidents.
Marina Caballero expressed concern with a proposed cannabis dispensary located near her neighborhood.
Jose Caballero expressed concern with a proposed cannabis dispensary located near his neighborhood.
CONSENT CALENDAR:
Prior to the motion being made, Council Member Sandoval stated that he would be voting No on Consent Calendar Items “H,” “I,” and “N.”
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 Items “A-R” with Council Member Sandoval voting No on Items “H,” “I,” and “N.” The motion carried by the following vote: AYES: Warren , Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
A. Approval of Minutes 21-3409
Approve the minutes of the October 22, 2024, Regular City Council Meeting.
B. Adoption of Ordinance No. 1958 (Second Reading), Authorizing 21-3410 the Levy of Special Taxes within Community Facilities District No. 116M..End
Second Reading/Adopt Ordinance No. 1958 Authorizing the Levy of Special Taxes within Community Facilities District No. 116M
C. Approve a License Agreement with Southern California Edison 21-3104 (SCE) Company for I-15 Logistics (Caprock)
Approve and authorize the City Manager to execute the License Agreement with Southern California Edison (SCE) Company for I-15 Logistics (Caprock).
D. Adopt a Resolution Summarily Vacating Portions of Lytle Creek 21-3301 Road within the Ventana Specific Plan
Adopt Resolution No. 2024-121, summarily vacating a portion of Lytle Creek Road within the City, south of Duncan Canyon Road, pursuant to Streets and Highways Code section 8830, Et. Seq.
E. Acceptance of Final Map for Tract No. 20580 and Authorize the 21-3333 City Manager to Execute a Private Street Maintenance
Covenant and Agreement with RC Homes (Glen at Fontana
Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580, Master Case No. 22-128, and Design Review No.
22-059
1. Approve the Final Map for Tract No. 20580, located between Catawba Avenue and Salt Point Way, along Cascade Drive; and accept dedicated right-of-way and easements; and
2. Authorize the City Manager to enter into a Subdivision Improvement Agreement with the subdivider; and
3. Approve and authorize the City Manager to execute a Private Street Maintenance Covenant and Agreement with RC Homes (Glen at Fontana Borrower, LLC) for a portion of Cascade Drive within Tract No. 20580, as required by Condition No. 27 of the previously adopted Conditions of Approval for Master Case No. 22-128, Tentative Tract Map 20580 (TTM22-000008), and Design Review No. 22-059.
F. Approve and Authorize the City Manager to Execute Lytle Creek 21-3384 Road Exchange Agreement within the Ventana Specific Plan with the Developer (HDO4 LLC)
Approve and authorize the City Manager to execute Lytle Creek Road Exchange Agreement and all other necessary documents within the Ventana Specific Plan with HDO4 LLC.
G. Accept Donation from Kaiser Permanente (Fresh, Fit & Fun 21-3397 Fair)
Accept donation from Kaiser Permanente in the amount of $2,500 for use towards 2024 Fresh, Fit, & Fun Fair.
H. Acceptance of Final Parcel Map No. 20456 for the Development 21-3399 of a Warehouse Facility at the Northwest Corner of Cypress Avenue and Slover Avenue and the Abandonment of a Certain Portion of Right-of-Way of Boyle Avenue
1. Approve Final Parcel Map No. 20456, located on the north side of Slover Avenue between Oleander Avenue and Cypress Avenue.
2. Accept dedication of public streets and easements.
3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right-of-way of Boyle Avenue.
I. Declaring Surplus Land- Property located 8572 Sierra Ave. 21-3408
1. Approve Resolution No. 2024-122, declaring that the City-owned property on (Assessor’s Parcel Number) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.
2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
J. Amendment of the Conflict-of-Interest Code for the City of 21-3412 Fontana, Pursuant to the Political Reform Act of 1974
Adopt Resolution No. 2024-123, of the City Council of the City of Fontana, California, adopting and approving the amended Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974.
K. Storm Drain Development Impact Fee Credit Agreement related 21-3421 to Ventana Specific Plan with HDO4, LLC
Approve Storm Drain Development Impact Fee Credit Agreement related to Ventana Specific Plan with HDO4, LLC.
L. Approve the Final Change Order with California Professional 21-3424 Engineering for the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22)
Authorize the City Manager to approve Change Order No. 4 with California Professional Engineering in the amount of $11,601.30 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project (SB-08-DE-22).
M. Authorization to Apply for 2024 Older Adults Home Modification 21-3430 Grant Program
1. Authorize the Fontana Housing Department to apply for the 2024 U.S.
Department of Housing and Urban Development Older Adults Home Modification Grant Program (OAHMP).
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 Older Adults Home Modification Grant Program (OAHMP).
N. Authorization for Submission of Letter Supporting Bus Stop 21-3431 Enhancements in Key Transit Corridors
Staff recommends that the City Council approve the attached letter, authorize its submission, and authorize the Mayor to sign on behalf of the City of Fontana.
O. Declaring Surplus Land- Arrow & Spring 21-3435
1. Approve Resolution No. 2024-124, declaring that the City-owned property on (Assessor’s Parcel Number) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.
2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
P. Award bid for 17133 Valley Blvd Improvements - The Path (BID 21-3436 PW-25-45-SB)...End
Award bid and authorize the City Manager to execute a construction contract with Final Touch Construction (DS-25-45-SB) for improvements to 17133 Valley Blvd - The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC) in the amount of $428,470.00 and authorize a 15% contingency in the amount of $64,270.50.
Q. Authorization to Apply for 2024 Housing and Homelessness 21-3439 Incentive Program
1. Authorize the Fontana Housing Department to apply for the 2024 San Bernardino County Housing and Homelessness Incentive Program (HHIP).
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 San Bernardino County Housing and Homelessness Incentive Program (HHIP).
R. Cost Sharing Agreement with Sunrise Ford for the Digital 21-3379 Reader Board Replacement
1. Adopt Resolution No. 2024-125 and approve the cost sharing Sale Agreement with Sunrise Ford, to fund the digital freeway sign upgrade located 16005 Valley Blvd. Fontana, CA 92335.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
PUBLIC HEARINGS:
A. Municipal Code Amendment (MCA) No. 24-006: Consideration 21-3366 of an Urgency Ordinance Amending Section 30-467 of the
Fontana Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to Be Statutorily Exempt from CEQA Under Section 21080.17 of the Public
Resources Code
Open the public hearing, receive public testimony, close the public hearing and by motion:
1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.
2. Waive full reading and introduce for first reading by title only Ordinance No. 1959 entitled: “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING SECTION 30-467 OF THE
CITY OF FONTANA MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
FINDING THE ACTION TO BE statutorily EXEMPT FROM CEQA under Public Resources Code § 21080.17.”
Associate Planner Cecily Session-Goins provided the staff report.
Mayor Warren opened the public hearing.
City Clerk Key announced that there were no written correspondences received for this item.
With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.
City Attorney Duran advised the Council that Urgency Ordinance No. 1959 required a 4/5 vote to pass.
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 4 -0 to approve Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren , Cothran, Roberts, and Sandoval; NOES:
None; ABSTAIN: None; ABSENT: Garcia
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matt Ballantyne thanked Council Member Sandoval, San Bernardino County Supervisor Jesse Armendarez, and Adam Perez for their support of the recent Veterans Day Celebration, as well as all veterans who serve the country.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Clerk Key congratulated Kyree King on his Olympic accomplishments and welcomed the newly sworn-in firefighters. Expressed satisfaction with the progress on the Fontana Campus at Chaffey College. Wished everyone a Happy Thanksgiving.
City Treasurer Koehler -Brooks congratulated all students who participated in and won the Dr.
Charles Koehler Writing and Art Contest honoring veterans. Extended congratulations to the newly sworn-in San Bernardino County firefighters.
Council Member Cothran encouraged residents to remove wind chimes during high wind events.
Mayor Warren recommended informing residents about securing trash can lids and other items during high wind events through the City newsletter or advisory letters.
Council Member Sandoval thanked Amazon for sponsoring the Veterans Day Celebration.
Suggested improving logistics for future essay contests. Shared insights from a Veterans Day luncheon and proposed using it as a model for next year's event. Requested City Manager Ballantyne to explore collaborating with the Fontana Unified School District to install higher fences to keep transients off the Fontana Middle School campus.
Council Member Roberts congratulated the newly sworn-in San Bernardino County firefighters.
Discussed the recent Veterans Day Celebration.
Mayor Warren addressed comments regarding statement read at each meeting about not
using profane or offensive language during pubic comments and the meeting start time.
Discussed the City's efforts and progress towards addressing homelessness and her representing the City on the County Interagency Counci l on Homelessness (ICH). Also thanked staff for their efforts with addressing homelessness throughout the city.
Also recognized staff for organizing the Veteran's Day Celebration and the pinning ceremony for Vietnam veterans organized by Congresswoman Norma Torres. Recognized all of those who served the country. Thanked the firefighters sworn in at today’s meeting and encouraged all to pray for Ventura citizens affected by the recent wildfires and congratulated Olympian Kyree King on his accomplishments. Thanked all who attended the recent Mayor's Gala in support of the Boys and Girls Club and wished all a Happy Thanksgiving.
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting at 3:13 p.m. to the Special City Council Meeting on Tuesday, November 19, 2024, at 12:00 p.m. at the Jesse Turner Community Center at 15556 Summit Avenue, Fontana, California.
_____________________
Christina Rudsell, CMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON DECEMBER 10, 2024.
_______________________
Germaine Key
City Clerk