ORDINANCE NO. 1965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTAN A, CALIFORNIA, AMENDING SECTIONS 2-142, 2-144 AND 2-341 OF THE
FONTANA MUNICIPAL CODE TO ESTABLISH THE PARKS,
COMMUNITY AND HUMAN SERVICES COMMISSION AND ITS
ASSOCIATED COMPENSATION AND DUTIES; UPDATE THE TIMES
FOR THE REGULAR MEETINGS OF THE CITY COUNCIL AND THE
PARKS, COMMUNITY AND HUMAN SERVICES COMMISSION ;
REMOVE REQUIREMENTS FOR MEMBERS O F COMMISSIONS,
BOARDS AND BUREAUS TO TAKE OFFICE ; AND INTRODUCE
SECTION 2-143 FOR THE PLANNING COMMISSION TO MEMORIALIZE
THE DATE AND TIME FOR THE REGULAR MEETINGS OF THE
PLANNING C OMMISSION IN THE MUNICIPAL CODE AND TO SET
FORTH THE COMPENSATION THEREOF.
WHEREAS, the City of Fontana, California (“City”) is a general law city , duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, the City desires to modify sections 2 -142, 2 -144 and 2 -341 of the Fontana Municipal Code (“FMC”) to establish the Parks, Community and Human Services Commission and its associated compensation and duties; update the times for the regular meetings of the Fontana City Council (“City Council”) and of the Parks, Community and Human Services Commission to ensure that the process for approving a change to the respective regular meeting times are consistent with City practices; remove requirements for members of the commissions, boards and bureaus to take office to allow for more flexible training requirements; and
WHEREAS, the City desires to introduce section 2 -143 for the Planning Commission to memorialize the date and time for the regular meetings of the Planning Commission in the FMC and to set forth the compensation thereof.
THE CITY COUNCI L OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulation s, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 311
Ordinance No. 1965
Section 3. Municipal Code Amendments. Sections 2-142, 2-144 and 2-341 of the FMC are hereby amended as shown in Exhibit A , which is attached hereto and incorporated herein by this reference. Section 2-143 is hereby introduced and shall read as reflected in Exhibit A.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.
Section 6. Effective Date . This Ordinance shall be effective thirty (30) days following its adoption.
Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, th e Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the
APPROVED AND ADOPTED this 11th day of February 2025.
READ AND APPROVED AS TO LEGAL FORM:
_______________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on the 28th day of January, 2025 and was finally passed and adopted not less than five days thereafter on the 11th day of February, 2025, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Ordinance No. 1965
____________________________________
City Clerk of the City of Fontana
____________________________________
Mayor of the City of Fontana
ATTEST:
____________________________________
City Clerk
313
- CODE
Chapter 2 - ADMINISTRATION
ARTICLE IV. MEETINGS
Fontana, California, Code of Ordinances
(Supp. No. 59)
(*ADDITIONS ARE ILLUSTRATED USING UNDERLINE, DELETIONS ARE ILLUSTRATED USING STRIKE THROUGH) ARTICLE IV. MEETINGS
Sec. 2-141. Location for meetings.
All meetings of the city council, agency, authority, or commissions, shall be public and shall be held in the city hall council chambers located at 8353 Sierra Avenue, unless the city council, agency, authority, or commission have stated, by motion action at a regular, adjourned regular, or special meeting, that on a specified date the city council, agency, authority, or commissions shall hold a regular, adjourned regular, or special meeting at another location within the city.
Sec. 2-142. City council.
The city council shall hold its regular meeting on the second and fourth Tuesday of each month at 7:00 2:00 p.m., or at such other day and time as may be provided by resolution, or for adjourned meetings, by order of adjournment. The city council shall, by resolution, set a fixed time by which its regular meeting on the second and fourth Tuesday of each month shall be held.
(Code 1968, § 2-10; Ord. No. 1496, § 1, 3-8-06; Ord. No. 1596, § 1, 5-12-09; Ord. No. 1627, § 1, 1-12-11) State law reference(s)—City council meetings, Government Code §§ 36802, 36805—36814, 54950—54961.
Sec. 2-143. Reserved. Planning Commission.
Editor's note(s)—Ord. No. 1099, § 1, adopted Jan. 18, 1994, repealed former § 2-143, which pertained to the planning commission.
The Planning Commission shall hold its regular meeting on the first and third Tuesday of each month . The city council shall, by resolution, set a fixed time by which the Planning Commission’s regular meeting on the second and fourth Tuesday of each month shall be held.
The City Council shall from time to time, by resolution, set the compensation amount for each member of the Planning Commission for his or her attendance at each publicly noticed meeting of the Planning Commission.
Sec. 2-144. Parks and community services commission. Parks, Community and Human Services Commission.
The parks, community and human services commission Parks, Community and Human Services Commission shall hold its regular meeting on the fourth Thursday of each month. at 7:00 p.m. The city council shall, by resolution, set a fixed time by which the Parks, Community and Human Services Commission’s regular meeting on the fourth Thursday of each month shall be held.
The City Council shall from time to time, by resolution, set the compensation amount for each member of the Parks, Community a nd Human Services Commission for his or her attendance at each publicly noticed meeting of the Parks, Community and Human Services Commission .
314
(Supp. No. 59)
(Code 1968, § 2-12; Ord. No. 1602, § 1, 7-8-09; Ord. No. 1652, § 1(Exh. B), 1-10-12; Ord. No. 1780, § 2, 9-25-18) Cross reference(s)—Parks, Community and Human Services Commission, § 19-31.
Sec. 2-145. Adjournment to other location.
If the council or any commission, committee or agency of the city shall determine that the meeting place specified in section 2-141 is insufficient to accommodate the persons attending any meeting of the city council, commission, committee or agency, then such council, commission, committee or agency may adjourn the meeting from the city hall to any suitable location within the city, and notice of the place to which such meeting is adjourned shall be immediately posted on the front entrance door of the city hall. (Code 1968, § 2-13)
Secs. 2-146—2-165. Reserved.
315
(Supp. No. 59)
Sec. 2-341. Appointment, number, removal and terms of members of commissions, boards and bureaus.
(a) General. All members of the city's committees, commissions, boards and bureaus shall be appointed and removed and shall serve subject to the terms set forth in this section, unless specifically otherwise provided.
Without limiting the generality of the foregoing, this section shall apply to the following committees, commissions, boards, and bureaus which have been created within the city and whic h are provided for in the Code as indicated below:
(1) Parks, community and human services commission Parks, Community and Human Services Commission (section 19-31).
(2) Planning commission (section 21-51).
This section shall not apply to ad hoc committees, commissions, board or bureaus which are established, from time to time, by the city council other than by means of adoption of an ordinance. (b) Number of members. All commissions, committees, boards and bureaus of the city (other than committees and boards composed of city council members) shall consist of five members. One of the five members of the parks, community and human services commission shall be designated by the city council to represent the interests of the city's senior citizen residents.
(c) Qualifications of members; prohibition on appointment of relatives. Members of each committee, commission, board and bureau, shall be residents of the city, but shall not otherwise be employees of the city while serving on such committee, commission, board or bureau. Members of each committee, commission, board or bureau shall not be a relative of any member of the city council. Relatives are those holding a familial relationship by blood, marriage or adoption, such as: spouse, mother, father, brothe r, sister, child, parent of spouse, grandmother, grandfather, grandchild, cousin, aunt, uncle, nephew, niece, brother-in-law or sister-in-law.
(d) Notice of available positions; resume and application. (1) The city clerk shall, in accordance with Government Code § 54970, inform the public of all available positions on commissions, boards and committees on or before December 31 of each year. The city clerk shall also, in accordance with Government Code, § 54974, inform the public of positions which may be vacant from time to time by posting notice in the city clerk’s office, in the Fontana Public Library and other places as directed by the city council, not earlier than 45 days before and not later than 15 days after the vacancy occurs.
(2) All city residents desiring appointments to any commission, board or committee shall submit an application and resume to the city clerk. Such applications shall remain valid for two years from the date submitted to the city clerk.
(3) Each applicant wishing to serve the city on a city board or commission shall submit a completed application on the form provided by the city clerk on or before the stated deadline. Each applicant shall verify that he/she has never been convicted of a felony by signing the statement contained on the application declaring the same under penalty of perjury, and shall authorize the city to independently verify that information by conducting a criminal background check. Each applicant shall sign a statement on the application acknowledging that he/she, as a condition of service, shall automatically vacate his/her position upon conviction of a felony and must inform the city clerk if he/she is convicted of a felony while serving the city no more than 24 hours after his/her conviction. (4) The city clerk shall receive all completed applications and shall verify that applicants meet the minimum qualifications for appointment. The police chief or his/her designee shall conduct a 316
(Supp. No. 59)
background check that the police chief, in his/her discretion determines i s appropriate, including, but not limited to, a criminal background check on all applicants and all commissioners holding office. The police chief or his/her designee is authorized to seek criminal background information through any authorized law enforcement source, including, but not limited to, the U.S. Department of Justice and/or the Federal Bureau of Investigation, in accordance with the provisions of applicable state and federal law. A copy of the information requested in the background check will be sent to the city clerk or his/her designee and to the applicant and commissioner. All information obtained hereunder shall be confidential to the extent required by applicable state and federal law. The city may charge the applicant a fee, established by the city's master fee resolution, sufficient to reimburse the city for the cost of conducting the background check.
(5) In addition to any other qualifications or limitations imposed by law, the following is a list of minimum qualifications for service on city boards and commissions:
a. Resident of the City of Fontana.
b. Not currently an officer of or employed by the City of Fontana. c. Appointment would not violate any term limits applicable to the position sought. d. Never been convicted of a felony.
(6) The following is additional criteria that the mayor and city council may wish to consider, in its discretion:
a. Total years of residency in the City of Fontana.
b. Recent experience and/or understanding of municipal government or other public age ncies. c. Volunteer experience and local community involvement. d. Financial management or budget experience.
e. Knowledge of subject matter governed by the advisory board, commission or committee." f. Experience on other boards, commissions or committees. g. Supervisory and/or management experience.
h. Professional/business experience.
(e) Appointment process.
(1) Parks, community and human services commission. On or before the second meeting in January of each year, each then-current city council member (including the mayor) shall submit to the mayor at least one nominee whom that city council member desires to be appointed to the parks, community and human services commission. The mayor shall nominate an additional two persons. The mayor shall compile a list of all such nominees and may, in his or her discretion and subject to city council approval as described below, appoint to the parks, community and human services commission those individuals as nominated by the council members or such other person(s) as the mayor may designate. When selecting their nominees, the council members and mayor may make nominations for appointment from among those members currently serving on the parks, community and human services commission, from the list of those residents who have filed applications and resumes with the city clerk as provided in subparagraph (d)(2), or from among other persons who otherwise meet the qualifications for appointment. One parks and community and human services commissioner shall have knowledge in the field of aging, in order to assist the commission and city council on any matters affecting elderly people in the city, including health, education, employment, housing, transportation 317
(Supp. No. 59)
and recreation. Each nominee must be confirmed by a majority vote of the city council prior to being appointed to serve on the parks, community and human services commission. (2) All other boards, commissions, or committees. On or before the second meeting in January of each year, each then-current city council member shall submit to the mayor the names of those persons whom that council member desires to appoint to each committee, commission, board and bureau subject to the terms of this section. The mayor shall compile a list of all such nominees and may, in his or her discretion and subject to city council approval as described below, appoint to such commissions, boards or committees those individuals as nominated by the council members or such other person as the mayor may designate. When selecting their nominees, the council members may make nominations for appointment from among those members currently serving on a commission, committee, board or bureau, from the lists of those residents who have filed applications and resumes with the city clerk as provided in subparagraph (d)(2), or from among other persons who otherwise meet the qualifications for appointment.
For purposes of this section, the term "nominating council member" shall mean as to each member of a commission, committee, board or bureau, the council member nominating such member for appointment in accordance with this subparagraph (e). Upon the expiration or earlier termination of the term of a nominating council member, that nominating council member's successor shall succeed to the rights of this section as to those commission, committee, board or bureau members appointed by his or her predecessor.
The mayor's appointments as described above shall be subject to city council confirmation as provided in subparagraph (g).
(f) Vacancies. If, prior to the time set forth in subparagraph (e) for the yearly nomination of members to the commissions, committees, boards and bureaus of the city subject to this section, there occurs a vacancy for any reason in any commission, committee, board or bureau, the nominating council member of the member whose position has become vacant shall have the right to nominate to the mayor the person to fill such vacancy. The mayor may, in his or her discretion, appoint such designated nominee. Such nominee shall be subject to city council approval pursuant to subparagraph (g).
City council member nominations for vacancies shall be made to the mayor within 30 days of such vacancy.
The mayor shall act to appoint such nominee or such other person as the mayor may designate no later than the second regularly scheduled city council meeting following expiration of the above -described 30-day period and the city council shall act to approve or disapprove such nominations as provided in subparagraph (g) at the same meeting, subject to the right of the city council to continue such action to another meeting of the city council. (g) Confirmation by city council. The mayor's appointments as described in subparagraphs (e) and (f) shall be subject to confirmation by motion approved by at least three members of the city council. If only a single vacancy or position on a particular commission, committee, board or bureau is being filled, the city council approval of the mayor's appointment shall be by motion approved by at least three members of the city council. Whenever two or more of the mayor's appointments to a particular commission, board or committee are being confirmed by the city council, the motion of the city council shall be to approve or deny the mayor's appointments to such commission, committee, board or bureau in total, e.g., as a slate. As an example, if the city council is acting to confirm the mayor's appointment of three members to the planning commission, the city council shall act with respect to such appointments by either disapproving or approving the totality of the mayor's appointments and the city council may not individua lly confirm one or more appointment on a slate of nominees and deny another appointment appearing on the same slate. Every multiple-member confirmation shall be by motion approved by at least three members of the city council.
The names of all nominees approved by the city council shall be recorded in the minutes of the city council meeting at which such approval is granted.
318
(Supp. No. 59)
(h) Term. The term of a member of a committee, commission, board or bureau shall begin to run on the date that such member is appointed. A member's term shall end, and a vacancy shall be deemed to exist as to that member's position, upon the earliest to occur of the following as respects such member:
(1) Upon the expiration of a period of two years following that member's appointment and the appointment and qualification of that member's replacement in accordance with the provisions of subsection (g).
(2) Upon that member's removal as provided in subsection (i). (3) Upon the effective date of such member's voluntary resignation. (i) Removal. All members of each commission, committee, board and bureau, after taking office, shall be serve at the will and pleasure of the mayor. Any council member may recommend to the mayor that any one or more of the commission members be removed at any time, with good cause or without cause. The mayor may, in his or her discretion, remove such member, subject to city council approval upon a motion approved by at least three members of the city council. Good cause shall mean, but is not limited to, three absences within any 12-month period, immoral or criminal activity, and other inappropriate behavior which the city council, from time to time, may find constitutes cause for removal. Any commission, board or committee member who is removed for cause in accordance with this subsection shall not be eligible for appointment to any commission, committee, board or bureau for at least one year from the date that he or she was removed from office for cause. A member of any board or commission who is convicted of a felony while serving the city in that capacity shall immediately upon conviction vacate his/her position, and he/she shall have the duty to inform the city clerk that he/she has been convicted no more than 24 hours after conviction. A written acknowledgement of the conviction by the city clerk is all that is needed to prohibit the member's further participation on the board or commission. Notwithstanding the foregoing, however, failure by the member to notify the city clerk upon conviction or to cease his/her participation on the board or commission, shall not invalidate any action or inaction of the city council or any, board or commission. (j) Reserved. Requirements prior to taking office. All newly appointed committee, commission, board and bureau members shall, following such appointment, attend one regular meeting of the committee, commission, board or bureau to which they have been appointed before they can take office. (k) Initial designation of nominating council members. Within 30 days from the effective date of the city ordinance which adds this subparagraph (k), the mayor shall, in any manner acceptable to him or her, designate the initial nominating council member for each filled and vacant position on each city commission, committee, board or bureau subject to this section. Following the mayor's designation, which shall be recorded in the council records by the city clerk, the mayor and council shall undertake the nomination, appointment and confirmation procedures described in subparagraphs (e ) and (g) to nominate, appoint and confirm the members of the commissions, committees, boards and bureaus who will initially take office subject to the provisions of this section as established by the ordinance which adds this subparagraph (k). (Ord. No. 1395, § 1, 2-4-03; Ord. No. 1534, § 1, 12-12-06; Ord. No. 1652, § 1(Exh. C), 1-10-12; Ord. No. 1673, §§ 1, 3, 4, 1-22-13; Ord. No. 1780, § 3, 9-25-18; Ord. No. 1863, § 2, 2-9-21)
319
RESOLUTION NO. 2025-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, ESTABLISHING THE COMPENSATION FOR MEMBERS
OF THE PARKS, COMMUNITY AND HUMAN SERVICES COMMISSION
AND FOR MEMBERS OF THE PLANNING COMMISSION.
WHEREAS, California Government Code Section 36506 requires that a city council fix the compensation of all appointive officers and employees; and WHEREAS, on January 28, 2025, through Ordinance No. 1965, the City Council of the City of Fontana (“City Council”) amended Chapter 2 of the Fontana Municipal Code (“FMC”) to establish the name of the Parks, Community and Human Services Commission and to update its compensation, duties and any references thereto; and WHEREAS, on January 28, 2025, through Ordinance No.1965, the City Council amended Chapter 2 of the FMC to memorialize the Planning Commission’s regular meeting schedule in the FMC and to update its compensation; and WHEREAS, pursuant to the January 28, 2025, amendment to Chapter 2 of the FMC, City Council may, from time to time, by resolution, set the compensation amount for each member of the Parks, Community and Human Services C ommission for his or her attendance at each publicly noticed meeting; and
WHEREAS, pursuant to the January 28, 2025, amendment to Chapter 2 of the FMC, City Council may, from time to time, by resolution, set the compensation amount for each member of the Planning Commission for his or her attendance at each p ublicly noticed meeting of the Planning Commission; and
WHEREAS, the City Council desires to set the compensation amount for each member of the Parks, Community and Human Services Commission for his or her attendance at each publicly noticed meeting of the Parks, Communit y and Human Services Commission to one hundred and twenty-five dollars ($125.00) per meeting; and WHEREAS, the City Council desires to set the compensation amount for each member of the Planning Commission for his or her attendance at each publicly noticed meeting of the Planning Commission to one hundred and twenty-five dollars ($125.00 ) per meeting.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council:
Section 1. Recitals. The aforementioned recitals are true, correct and incorporated herein by this reference.
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Resolution No. 2025-007
Section 2. CEQA. This Resolution is not a project within the meaning of Section 1538 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.
The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Resolution is nonetheless exempt for the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to C EQA. Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino in accordance with CEQA Guidelines.
Section 3. Parks, Community and Human Services Commission Compensation.
The compensation amount for the service of all members of the Parks, Community and Human Services Commission shall be set at one hundred and twenty-five dollars ($125.00) per meeting.
Section 4. Planning Commission. The compensation amount for the service of all members of the Planning Commission shall be set at one hundred and twenty-five dollars ($125.00) per meeting.
Section 5. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of City Council Ordinance No. 1965, provided however, if Ordinance No. 1965 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect.
Section 6 . Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or app lication, and to this end the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 7: Certification. The City Cle rk shall certify to the adoption of this Resolution.
Section 8: Custodian of Records . The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.
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Resolution No. 2025-007
APPROVED AND ADOPTED this 28th day of January, 2025.
READ AND APPROVED AS TO LEGAL FORM:
__________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 28th day of January 2025, by the following to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______
City Clerk of the City of Fontana
_______
Mayor of the City of Fontana
ATTEST:
__________________________________
City Clerk
322
RESOLUTION NO. 2025-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA ESTABLISHING THE TIME S OF THE REGULAR
MEETINGS FOR THE CITY COUNCIL , THE PARKS COMMUNITY AND
HUMAN SERVICES COMMI SSION, AND THE PLANNING
COMMISSION.
WHEREAS, the City of Fontana (“City”) is a municipal corporation duly organized and existing pursuant to the laws of the State of California; and WHEREAS, Section 2 -142 of the Fontana Municipal C ode (“FMC”) establishes that the Fontana City Council (“City Council”) shall hold its regular meeting on the second and fourth Tuesdays of each month at 7:00 p.m., or at such other day and time as may be provided by resolution, or for adjourned meetings, by order of adjournment; and WHEREAS, on November 14, 2023, the City Council of the City of Fontana (“City Council”) adopted Resolution No. 2023-114 approving a change to the time of the regular meetings of the City Council on the second and fourth Tuesday of each month from 7:00 p.m. to 2:00 p.m.; and
WHEREAS, Section 2-144 of the FMC establishes that the Parks, Community and Human Services Commission shall hold its regular meeting on the fourth Thursday of each month at 7:00 p.m.; and
WHEREAS, the City desires to allow City Council to set the time of the regular meetings for the Parks, Community and Human Services Commission by resolution to ensure that the process for approving a change to the Parks, Community and Human Services Commission’s regular meeting time is consistent with that of the City Council; and
WHEREAS, the City desires to allow City Council to set the time of the regular meetings for the Planning Commission by resolution to ensure that the process for approving a change to the Planning Commission’s regular meeting time is consistent with that of the City Council; and
WHEREAS, on January 28, 2025, through Ordinance No. 1965, the City Council amended Chapter 2 of the FMC to allow for City Council to, by resolution, set a fixed time by which its regular meetings on the second and fourth Tuesday of each month shall be held; and
WHEREAS, on January 28, 2025, through Ordinance No. 1965, the City Council amended Chapter 2 of the FMC to allow for City Council to, by resolution, set a fixed time by which the Parks, Community and Human Services Commission’s regular meetings on the fourth Thursday of each month shall be held; and
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Resolution No. 2025-008
WHEREAS, on January 28, 2025, through Ordinance No. 1965, the City Council amended Chapter 2 of the FMC to allow for City Council to, by resolution, set a fixed time by which the Planning Commission’s regular meetings on the first and third Tuesday of each month shall be held; and
WHEREAS, the City wishes to set the times of the regular meetings for the City Council to 2:00 p.m. on the second and fourth Tuesday of each month ; for the Parks, Community and Human Services Commission to 7:00 p.m. on the fourth Thursday of each month; and for the Planning Commission to 6:00 p.m. on the first and third Tuesday of each month.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1: Recitals. The above recitals are true , correct and by this reference incorporated herein.
Section 2: CEQA. This Resolution is not a project within the meaning of Section 1538 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.
The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Resolution is nonetheless exempt for the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino in accordance with CEQA Guidelines.
Section 3: City Council Meeting Time. The City Council hereby sets the times of its regular meetings to 2:00 p.m. on the second and fourth Tuesday of each month .
Additional special meetings may be called, as provided by law, as needed at other dates and times. Any regular or spe cial meetings may, from time to time, be adjourned to another date.
Section 4: Parks, Community and Human Services Commission. City Council hereby sets the times of the Parks, Community and Human Services Commission regular meetings to 7:00 p.m. on the fourth Thursday of each month. Additional special meetings may be called, as provided by law, as needed at other dates and times. Any regular or special meetings may, from time to time, be adjourned to another date.
Section 5: Planning Commission. City Co uncil hereby sets the times of the Planning Commission to 6: 00 p.m. on the first and third Tuesday of each month .
Additional special meetings may be called, as provided by law, as needed at other dates and times. Any regular or special meetings may, from time to time, be adjourned to another date.
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Resolution No. 2025-008
Section 6: Effective Date. This Resolution shall take effect thirty (30) days after the adoption of City Council Ordinance No. 1965, provided however, if Ordinance No. 1965 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect.
Section 7: Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid pr ovision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 8: Certification. The City Clerk shall certify to the adoption of this Resolution.
Section 9: Custodian of Records . The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.
APPROVED AND ADOPTED this 28th day of January, 2025.
READ AND APPROVED AS TO LEGAL FORM:
__________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 28th day of January 2025, by the following to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______
City Clerk of the City of Fontana
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Resolution No. 2025-008
_______
Mayor of the City of Fontana
ATTEST:
__________________________________
City Clerk
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3519 Agenda Date: 1/28/2025
Agenda #: A. Category: Elected Officials
Communications/Reports
FROM:
City Clerk
SUBJECT:
Appointment of Mayor Pro Tem
RECOMMENDATION:
Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term.
COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made. · Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
DISCUSSION:
Historically, the City Council appoints a Mayor Pro Tem to serve for a term of one year. Peter Garcia, the current Mayor Pro Tem, was appointed in January 2023 and reappointed in January 2024.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3520 Agenda Date: 1/28/2025
Agenda #: B. Category: Elected Officials
Communications/Reports
Appointments to Local Agency / Regional Boards
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3521 Agenda Date: 1/28/2025
Agenda #: C. Category: Elected Officials
Communications/Reports
Commission Applications
Tuesday, January 28, 2025
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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