City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, January 28, 2025
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, January 28, 2025.
Mayor Pro Tem Garcia called the meeting to order at 1:02 p.m. Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval were present. Mayor Warren was absent.
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: Luis Shalabi vs. City of Fontana Case No. CIVDS1314694
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 Association 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, January 28, 2025.
Mayor Warren called the Regular City Council Meeting to order at 2:06 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
A. Presentation by San Bernardino County District #2 Supervisor.
Mayor Warren announced that the Count y Supervisor District 2 presentation would be rescheduled to a future City Council meeting.
B. Housing Department Annual Report Presentation, Valerie Gonzales, Housing Development Manager to present).
Housing Development Manager Valerie Gonzales presented the 2024 Annual Housing Report.
Mayor Warren and City Manager Matthew Ballantyne commended Housing Devel opment Manager Gonzales for her efforts. Mayor Warren encouraged the community to contact the Housing Department for information and resources.
Council Member Sandoval inquired about the income threshold for low-income classification.
Housing Development Manager Gonzales stated that households earning 80% or below the area median income for San Bernardino County, as determined by the U.S. Department of Housing and Urban Development, qualify as low-income.
C. Mayor Warren and City Council to recognize, Officer Christine Tomicic and Probation Officer Jazmyne White as November 2024 Employees of the Month (Captain Burton to present).
Mayor Warren and City Council recognized Officer Christine Tomicic and Probation Officer Jazmyne White as November 2024 Employees of the Month.
PUBLIC COMMUNICATIONS:
A. Public Communications
Frank Atry expressed concerns regarding the time allotted for public comments, the cancellation of meetings, and the Thomas Perez, Jr. case.
Joseph Rayford, Daniel Towles, and Ashley Jacobs voiced concerns about the frequency and impact of Southern California Edison’s (SCE) Public Safety Power Shutoffs (PSPS) in the Sierra Crest Neighborhood. Mr. Towles requested city intervention to assist residents during outages.
Danielle Holley, Executive Director of the Fontana Chamber of Commerce, provided a quarterly update on the Chamber’s services and activities.
Nadya Bahena, field representative for Assembly Member Robert Garcia, introduced herself to the Council.
Mayor Warren stated that the Council is currently engaged with SCE on this process. Also mentioned that SCE has set up Community Resource Centers throughout Fontana to support customers affected by the outages. Also explained that stop signs cannot be placed in downed traffic intersections due to liabi lity concerns and reminded the public to obey all traffic laws.
Also stated that the City need ed to be prepared for wind events. Stated that City will continue to work with the community and SCE on this issue. Also noted that she looked forward to working at the state level with the California Public Utilities Commission (CPUC) to come up with solutions to address the PSPS issues. Encouraged the community to meet and communicate with her.
CONSENT CALENDAR:
Prior to the motion, the following occurred:
• Item F: City Attorney Duran read the proposed Executive Salary Table into the record. • Item S: Council Member Sandoval announced his intent to vote No on this item. • Item T: Council Member Sandoval requested that this item be pulled for discussion.
Public Works Manager Dan West presented the staff report.
Council Member Sandoval inquired about the frequency of parking lot lighting repairs.
Public Works Manager West stated that these were the first repairs and that the electrical boxes would be filled with concrete slurry to prevent future wire theft.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5 -0 to approve Consent Calendar Items “A-T.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran,
Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
A. Approval of Minutes 25-0002
Approve the minutes of the December 10, 2024, Regular City Council Meeting.
B. Adoption of Ordinance No. 1960 (Second Reading), Approving 25-0003 a Development Agreement with Catalyst- Fontana, LLC,
concerning a retail cannabis business and direct staff to file a Notice of Exemption.
Second Reading/Adopt Ordinance No. 1960, Approving a Development Agreement with Catalyst- Fontana, LLC, concerning a retail cannabis business and direct staff to file a Notice of Exemption.
C. Adoption of Ordinance No. 1961 (Second Reading), 25-0004 approving Master Case No. 24-067 and Municipal Code Amendment No. 24-005 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards
Second Reading/Adopt Ordinance No. 1961, Approving Master Case No. 24-067 and Municipal Code Amendment No. 24-005 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code.
D. Adoption of Ordinance No. 1963 (Second Reading), 25-0009 Approving Specific Plan Amendment No. 24-002 to Modify Chapter 5.6 The Southwest Industrial Park Specific Plan To Allow Nonconforming Pallet Yards to Expand Operations Within Existing Sites Governed Under the SWIP Specific Plan, Pursuant to The Certified Southwest Industrial Park Specific Plan EIR and Directing Staff To File A Notice of Exemption
Second Reading/Adopt Ordinance No. 1963, Approving Specific Plan Amendment No. 24-002 to Modify Chapter 5.6 The Southwest Industrial Park Specific Plan To Allow Nonconforming Pallet Yards to Expand Operations Within Existing Sites Governed Under the SWIP Specific Plan, Pursuant to The Certified Southwest Industrial Park Specific Plan EIR and Directing Staff To File A Notice of Exemption.
E. Adopt a Resolution of the City Council of the City of 25-0010 Fontana, California, Adopting Updated Salary Tables for Executive and Management Confidential Employees.
Second Reading/Adopt Ordinance No. 1964, Authorizing the Levy of a Special Tax within Community Facilities District No. 115M.
F. Adopt a Resolution of the City Council of the City of Fontana, 25-0005 California, Adopting Updated Salary Tables for Executive and Management Confidential Employees.
Adopt Resolution No. 2025-001, a resolution of the City Council of the City of Fontana, California, adopting the updated Executive and Management/Confidential salary tables, effective February 8, 2025.
G. Adopt Resolutions Amending and Restating the Executive 25-0006 Management Benefits Schedule for the Executive Management Team and the Compensation Plan for Management/Confidential Employees
Adopt Resolution No. 2025-002, a Resolution of the City Council of the City of Fontana, California, Amending and Restating the Executive Management Benefits Schedule for the Executive Management Team
Adopt Resolution No. 2025-003, a Resolution of the City Council of the City of Fontana, California, Amending and Restating the Compensation Plan for Management/Confidential Employees
H. Approve a Cooperative Agreement with the County of San 21-3404 Bernardino for the Design and Construction of the Arrow Route Sewer Main Project
1. Approve and authorize the City Manager to execute a Cooperative Agreement with the County of San Bernardino for the Design and Construction of the Arrow Route Sewer Main Project.
2. Authorize the City Manager to execute any future individual amendments to the Cooperative Agreement for the Arrow Route Sewer Main Project.
I. Police Department Donations July - December 2024 21-3428 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.
J. Award Bid and Approve an Agreement with Symba Center for 21-3483 Mobile Opioid Outreach Services
1. Award and authorize the City Manager to enter into an agreement with Symba Center to provide Mobile Opioid Outreach Services for one year in the amount of $447,881.28 (Bid No HD-25-65-SP) for the first year.
2. Approve and authorize the City Manager to execute (4) future one-year optional extensions to the agreement with Symba Center for Mobile Opioid Outreach Services not to exceed $2,000,000.
K. Final Acceptance of the Southridge Grid 53 Pavement 21-3497 Rehabilitation Project
Accept as complete the work performed by Matich Corporation for the Southridge Grid 53 Pavement Rehabilitation Project (PN 37600061).
L. Resolution Ratifying the 2024-2027 Memoranda of 21-3500 Understanding for the Teamsters Local 1932, City Hall and Public Works Bargaining Units
Adopt Resolution No. 2025-004, a resolution of the City Council of the City of Fontana, ratifying the Memoranda of Understanding between the City of Fontana and the Teamsters Local 1932, City Hall and Public Works Bargaining Units.
M. Declaring a Portion of City-Owned Real Property on Lytle Creek 21-3502 Road Exempt Surplus Land, south of Duncan Canyon Road.
Property is adjacent to the Ventana Specific Plan.
Adopt Resolution No. 2025-005, declaring a portion of City-Owned Real Property on Lytle Creek Road Exempt Surplus Land.
N. Final Acceptance of the Alder Middle School Safe Routes to 21-3504 School (SRTS) Project (Bid No. SB-146-DE-23)
Accept as complete the work performed by All American Asphalt for the Alder Middle School Safe Routes to School (SRTS) Project (#37603367).
O. Final Acceptance of the S. Highland Avenue and Mango 21-3505 Avenue Traffic Signal Project (Bid No. SB-97-DE-23)
Accept as complete the work performed by Alfaro Communications Construction, Inc. for the construction of the S. Highland Avenue and Mango Avenue Traffic Signal Project (#37603382).
P. Final Acceptance for the Construction of the N. Cherry Avenue 21-3512 at Live Oak Avenue Traffic Signal Modification Project (Bid No.
SB-89-DE-22)
Accept as complete the work performed by Gentry General Engineering for the Construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project (SB-89-DE-22).
Q. Police Department Monthly Information Update 21-3515 Accept the Police Department monthly information update for November 2024.
R. Approve an Increase in City-Owned Contingency for the 21-3517 Design-Build Contract for the City Hall Renovation Project -
Phase I (Fire Annex; SQ-25-DE-23-01)
Approve and authorize the City Manager to increase the City-Owned Contingency in the amount of $1,500,000.00, for a total City-Owned Contingency amount of $2,358,357.00 (Bid No. SQ-25-DE-23-01).
S. Approval of a Salary Adjustment for the Fontana 25- 0014 Police Officer’s Association (POA) in Response to Classification and Compensation Study Findings.
Adopt Resolution No. 2025-006, a resolution of the City Council of the City of Fontana, California, adopting the updated salary table for the Fontana Police Officer’s Association.
T. Senior Community Center Parking Lot Lighting Repair 25-0020
1. Authorize the issuance of a contract to AZE Electric, Inc. for the Senior Community Center Parking Lot Lighting Repair work in the amount of $25,000 with a 10% contingency of $2,500.
2. Increase appropriations in the amount of $27,500 from the available balance in the General Fund 101 to ORG 10137202.8130
NEW BUSINESS:
A. New Business
A. Adopt Ordinance No. 1965, an Ordinance of the City Council of 25-0024 the City of Fontana, California, Amending sections 2-142, 2-143, 2-144, and 2-341 in Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.
1. Determine that staff recommendations to modify sections 2-142, 2-143, 2- 144, and 2-341 in Chapter 2 of the Fontana Municipal Code are appropriate, make for a more intuitive municipal code, and incorporate current best practices of the City and approve such modifications
2. Read by title only and waive the further reading of section 2-142 to update the current scheduled time of the Fontana City Council meetings to be set by Resolution of the City Council.
3. Read by title only and waive the further reading of section 2-143 to establish associated compensation requirements and references for the Planning Commission. To update the current scheduled time of the Planning Commission meetings to be set by Resolution of the City Council.
4. Read by title only and waive the further reading of section 2-144 to establish the name of the Parks, Community, and Human Services Commission, update the associated compensation requirements, and update the current scheduled time of the Parks, Community, and Human Services Commission meetings to be set by Resolution of the City
Council.
5. Read by title only and waive the further reading of section 2-341 removing attendance requirement criteria to become a commissioner.
6. Adopt Resolution No. 2025-007 establishing the compensation for members of the Parks, Community and Human Services Commission and Planning Commission.
7. Adopt Resolution No. 2025-008 establishing the times of the regular meetings for the City Council, Parks, Community and Human Services Commission and Planning Commission.
Deputy City Manager Ray Ebert provided the staff report.
Council Member Cothran inquired whether the Municipal Code mandates public meetings to be held at a specific location.
City Attorney Duran clarified that the Brown Act requires meetings to be held within the jurisdiction, except when a property purchase outside the jurisdiction necessitates an on -site meeting.
The Council also discussed the potential temporary relocati on of public meetings to Steelworker’s Auditorium during the upcoming City Hall remodel.
City Manager Ballantyne addressed concerns regarding Public Safety Power Shutoffs (PSPS) and provided an update on a recent conference call between Southern Californi a Edison (SCE) and elected officials. He acknowledged residents' frustrations and stated that the City has also voiced its concerns to SCE. He noted that a newly elected legislator has offered to engage with the California Public Utilities Commission (CPUC) on the issue and encouraged the community to contact the CPUC with their concerns.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Cothran, and passed by a vote of 4 -1 to approve New Business Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Robert s; NOES:
Sandoval; ABSTAIN: None; ABSENT: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
A. Appointment of Mayor Pro Tem 21-3519
Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term.
ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by a vote of 4-1 to approve New Business Item “A” as follows:
- Appoint Peter Garcia as Mayor Pro Tem for a term of one -year
The motion carried by the following vote: AYES: Warren, Ga rcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None
B. Discussion and Possible Action Regarding Appointing 21 -3520 Regular and Alternate Members to Local Agencies /Regional Board
ACTION: Motion was made by Council Member Roberts , seconded by Council Member Cothran, and passed by a vote of 4-1 to approve the following appointments:
1. Inland Empire Utility Agency(IEUA)
Representative: Council Member Cothran
Alternate: Council Member Roberts
2. San Bernardino County Transportation Authority (SBCTA) and San Bernardino Council of Governments (SBCOG)
Representative: Mayor Warren
Alternate: Mayor Pro Tem Garcia
3. Omnitrans
Representative: Council Member Roberts
Alternate: Council Member Cothran
4. San Bernardino County Solid Waste Advisory Task (SWAT) Representative: Mayor Pro Tem Garcia
Alternate: Mayor Warren
5. Southern California Association of Governments (SCAG) – General Assembly Representative: Mayor Pro Tem Garcia
Alternate: Mayor Warren
6. San Bernardino County Flood Control Zone 1 & 2 Advisory Committees (ZAC) Representative: Council Member Roberts
Alternate: Mayor Pro Tem Garcia
The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None
C. Discussion and Possible Action Regarding Appointment to 21- 3521 the Parks, Community, and Human Services Commission and Planning Commission for a two-year term
The following applicants were slated for appointment to a one-year term.
1. Joe Armendarez
2. Dylan Keetle
3. Torrie Lozano
4. Ricardo Quintana
5. Idilio Sanchez
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 4- 1 to approve the appointment of said individuals for a one -year term. The motion carried by the following vote: AYES: Warren , Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None
City Treasurer Koehler Brooks wished everyone a happy new year and extended birthday wishes to Council Members Cothran and Sandoval.
City Clerk Key addressed the PSPS outages, expressing sympathy for affected residents. She also wished Council Me mbers Cothran and Sandoval a happy birthday, congratulated the Police Department Employees of the Month, and thanked Bishop James for hosting the recent Martin Luther King, Jr. event.
Council Member Cothran thanked everyone for the birthday wishes, discus sed the recent Fontana Chamber of Commerce retreat, and expressed appreciation for local businesses. He emphasized the importance of business attraction and retention. He also stated his commitment to continuing his service on the Inland Empire Utilities A gency board and discussed the causes of power outages in his district, highlighting the City's efforts to work with SCE to address the issue.
Mayor Pro Tem Garcia provided an update on a recent conference call between SCE and elected officials, expressing hope for a productive resolution to the power outages. He also wished Council Members Cothran and Sandoval a happy birthday, discussed the Fontana Chamber of Commerce retreat, and noted the upcoming Council Goal -Setting Worksh op on January 30.
Council Member Sandoval thanked everyone for the birthday wishes and asked City Attorney Duran whether any commissioner applicants had contributed to any Council Member’s campaign committee. He raised concerns about a Planning Commissioner contributing to a Council Member’s campaign. City Attorney Duran stated he would investigate the matter.
Council Member Sandoval also inquired whether longevity pay could be provided as a lump sum to long- term employees transferring departments rather than biweekly. Human Resources/Risk Management Director Rakesha Voss explained that each bargaining unit’s Memorandum of Understanding dictates the longevity pay structure. City Manager Ballantyne asked for the specific bargaining unit to follow up.
Council Member Roberts wished Council Members Cothran and Sandoval a happy birthday,
congratulated the Police Department Employees of the Month, and wished everyone a happy new year. He expressed sympathy for those affected by the power outages, noting that he also experienced one at his residence. He also extended condolences to the family of Mr. Fritz Mendoza, a local business owner who was assaulted and passed away.
Mayor Warren wished Council Members Cothran and Sandoval a happy birthday and addressed the assault of Mr. Fritz Mendoza. City Manager Ballantyne reported that the suspect had been arrested and would face charges.
Mayor Warren also discussed recent holiday events, the U.S. Conference of Mayors meeting, and ZM Trucks’ decision to establish its hea dquarters and manufacturing operations in Fontana. She noted her attendance at President Trump’s inauguration ceremony and emphasized the importance of securing resources for Fontana and surrounding communities, particularly in response to recent wildfires . She commended local pastors for assisting Altadena residents and highlighted the rollout of the Fontana Helps program to support those affected by the wildfires. Additionally, she provided an update on the Fontana Chamber of Commerce board meeting and retreat.
Council Member Sandoval expressed condolences to the family of Mr. Fritz Mendoza, recognizing his contributions to the community.
Mayor Warren extended condolences to the family of Jessica Torres and acknowledged her impact on the community.
ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:
1. Jessica Torres
2. Fritz Mendoza
Mayor Warren adjourned the meeting at 4:03 p.m. to the G oal Setting Meeting on T hursday, January 30, 2025, at 8 :00 a.m. at the Heritage Neighborhood Center located at 7350 Liberty Parkway, Fontana, California.
_____________________
Christina Rudsell, CMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON FEBRUARY 11, 2025.
_______________________
Germaine Key
City Clerk