City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, October 24, 2023
7:00 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. 5:00 P.M. City Council Workshop
The Workshop of the Fontana City Council was held on Tuesday, October 24, 2023, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 5:01 p.m. with all members of the City Council present.
City Treasurer Janet Koehler -Brooks w as also in attendance. City Clerk Germaine Key was absent.
1. CCA Power Purchase Option Presentation
Deputy City Clerk Christina Rudsell stated there were no public communications received for Workshop Items 1 and 2.
John Valdivia of AAdvantage Communications introduced Howard Choy, Executive Consultant with EES Consulting who provided an overview of how Community Choice Aggregators (CCA's) operate.
Mr. Choy also provided financial net positions for various CCA's throughout California and discussed recommended next steps for implementation of a CCA.
Mayor Warren asked how the City could partner with business entities such as hospitals, manufacturers, etc.
Mr. Choy stated that businesses, industries and ratepayers throughout the City would automatically enrolled as a CCA customer.
Mayor Warren asked about the formation of a joint power author ity and if member cities needed to be contiguous.
Mr. Choy stated that cities do not need to be contiguous to form a join power authority.
Discussion ensued about the formation of a joint power authority along with a feasibility study and analysis.
Council Member Roberts asked if there were any restrictions on where to purchase power from.
Mr. Choy responded stating that the Council would determine where to purchase power from.
Council Member Cothran asked how many staff were needed to manage the CCA.
Mr. Choy stated that consultants or a 0.5 - 1 FTE position would be needed to manage the administrative functions of the CCA.
Direction was provided to the City Manager to explore the option of a CCA and issuing a Request for Proposal (RFP) for a feasibility study.
2. 2022-23 Preliminary Yearend Results and 2023-24 First Quarter Budget Report
Chief Financial Officer Jessica Brown presented the following:
2022-2023 Preliminary Yearend Results along with an overview of 2022-2023 General Fund revenues and expenditures. Also noted that there was a $12.2 million contribution to fund balance for Fiscal Year 2022-2023.
2023-2024 First Quarter Budget Status Report, discussed General Fund revenues and expenditures, carryforward requests and recurring requests. Stated that there was a 2.1% increase in expenditures for Fiscal Year 2023-2024. Also provided a General Fund 5-year forecast.
Update on American Rescue Plan Act (ARPA) expenditures.
The Workshop adjourned at 5:50 p.m. to the Regular City Council Meeting at 7:00 P.M.
CALL TO ORDER/ROLL CALL:
A. 7:00 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, October 24, 2023. Mayor Warren called the meeting to order at 7:05 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, Sandoval and Cothran.
ABSENT: None
City Treasurer Janet Koehler -Brooks w as also in attendance. City Clerk Germaine Key was absent.
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.
PROCLAMATION:
A. Proclamations
Mayor Warren and City Council proclaimed November 2023, as National Epilepsy Awareness Month. Legacy Bridges Foundation, Inc. Executive Director Melanee A. Stovall accepted.
SPECIAL PRESENTATIONS:
A. Special Presentations
Mayor Warren and City Council introduced the Mayor's Youth Advisory Council Board.
Mayor Warren and City Council recognized the Summit High School Majorette Team.
Mayor Warren swore i n Fontana Police Officers, Angel Martinez, Anthoniey Rodriguez, and Steve Solis.
Mayor Warren and City Council recognized Officer Amanda Losch, Dis patch Supervisors Mary Jo Grinceri and Cheri Parker, Dispatchers Laura Asten, Shannon Behrse, Teddy Boucher, Maricela Edmonds, Melodi Mundrick and Diana Zick, and Call Taker Angelica Roberts as Fontana Police Department’s September 2023 Employees of the Month.
PUBLIC COMMUNICATIONS:
A. Public Communications
Margo Alducin spoke on Consent Calendar Item B.
Joaquin Castellejos spoke on Consent Calendar Item B.
Amanda Morales spoke on Consent Calendar Item B.
Mark Richichi spoke in opposition of the Planned Parenthood clinic.
Jennifer Cardenas spoke on Consent Calendar Item B.
Crystal Calvillo spoke on Consent Calendar Item B.
Xochitl Gonzalez spoke on Consent Calendar Item B.
Evan Webb spoke on Consent Calendar Item B.
Carodina Rodriguez spoke on Consent Calendar Item B.
Alexis Teodoro spoke on Consent Calendar Item B.
Olga A. Estrada spoke on Consent Calendar Item B.
Victor Hernandez spoke on Consent Calendar Item B.
Victor Pereda spoke on Consent Calendar Item B.
Juvenal Estrada spoke on Consent Calendar Item B.
Veronica Roman spoke on Consent Calendar Item B.
Digna Orozco spoke on Consent Calendar Item B.
Remedios Miralrio spoke on Consent Calendar Item B.
Yeni Ruiz spoke on Consent Calendar Item B.
Alex Mendez spoke on Consent Calendar Item B.
Derrick Hernandez spoke on Consent Calendar Item B.
Patty D spoke on Consent Calendar Item B.
Jocelyn Sida spoke on Consent Calendar Item B.
Kristen Malaby spoke on Consent Calendar Item B.
Carino Carrillo spoke on Consent Calendar Item B.
Jose Rosales spoke on Consent Calendar Item B.
Blanca Olivares spoke on Consent Calendar Item B.
Andrea Ortega Gonzalez spoke on Consent Calendar Item B.
Estie spoke on Consent Calendar Item B.
Ivana Ruiz spoke on Consent Calendar Item B.
Edin Enamorado spoke on Consent Calendar Item B.
Ana Gonzalez spoke on Consent Calendar Item B.
Matt Slowick spoke on Consent Calendar Item B.
Saving Grace spoke on Consent Calendar Item B.
Elizabeth Sena spoke on Consent Calendar Item B.
Tania spoke on Consent Calendar Item B.
Gina Lopez spoke on Consent Calendar Item B.
RECESS:
Mayor Warren called for a recess at 8:53 p.m.
The meeting reconvened at 9:06 p.m. with all members present.
Alicia Sanchez spoke on Consent Calendar Item B.
Toxico 2024 spoke on Consent Calendar Item B.
Alex Enamorado spoke on Consent Calendar Item B.
Claudia Cuevas spoke on Consent Calendar Item B.
Jose Guerra spoke on Consent Calendar Item B.
Luis Ojeda spoke on Consent Calendar Item B.
RECESS:
Mayor Warren called for a recess at 9:16 p.m.
The meeting reconvened at 9:28 p.m. with all members present.
CONSENT CALENDAR:
Prior to the motion being made, Council Member Cothran recused himself from item “E” on the Consent Calendar due to real estate holdings within the project area.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5- 0 to approve the Consent Calendar items “A-L” with Council Member Cothran abstaining from item “E.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES:
None; ABSTAIN: None ABSENT: None
A. Approval of Minutes 21-2556
B. Adoption of Ordinance No. 1925 (Second Reading) 21-2555
C. Purchase & Sale Agreement - Sure Stay Hotel 21-2451
D. Purchase Capacity Upgrade for CCTV Video Surveillance 21-2475 Storage
E. Approve the Second Amendment to the Memorandum of 21-2505 Understanding with the City of Rancho Cucamonga for the San Sevaine Trail Phase I, Segment 2 Project.
F. Award a Construction Contract for the Jurupa Avenue 21-2517 Landscape Median Project (Bid No. DE-24-09-SB).
G. Acceptance of Final Map for Parcel Map No. 20529 and 21-2521 Abandonment of a Certain Portion of Right of Way of Banana Avenue
H. Fiscal Year 2023-24 First Quarter Budget Status Report 21-2531
I. Resolution of Public Interest and Convenience No. 2023-102 21-2534 declaring the intent to sell 1.94 acres of City owned property and declaring the property exempt surplus land and setting a public hearing to consider protest for conveyance of the property.
J. Police Department Monthly Information Update 21-2537
K. Land Use and Economic Impact Analysis 21-2577
L. American Rescue Plan Act Update 21-2510
NEW BUSINESS:
A. New Business
A. MIS23-015: A request for permission to file a new application 21-2547 for a general plan amendment, specific plan amendment,
zoning district map amendment, three design reviews, three tentative parcel map requests and development agreement for the property located at Citrus and Oleander Avenue at Santa Ana Avenue due to a change in plans pursuant to Fontana Municipal Code Section 30-39, 30-47 and 30-74 (Time
Limitations).
Senior Planner Salvador Quintanilla provided the staff report.
Council Member Sandoval asked what the proposed new plan was.
Deputy City Manager Phillip Burum stated that the Council was being asked to permit the applicant to submit a new application.
City Attorney Ruben Duran clarified that the motion needed to be made by one of the Council Members who voted in the majority on the prevailing vote to deny the project at the July 25, 2023, Public Hearing.
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed unanimously by a vote of 4-1 to approve New Business Item “A” as follows:
Grant Acacia Real Estate Group, Inc. (the “Applicant”) permission to file a new application based on a change in the plans to be submitted, pursuant Fontana Municipal Code Section 30-39, 30-47, and 30-74 (Time Limitations).
The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None
B. General Fund Balance and Reserve Policy 21-2557
Chief Financial Officer Jessica Brown provided the staff report.
ACTION: Motion was made by Council Me mber Cothran, seconded by Council Member Sandoval, and passed unanimously by a vote of 5 -0 to approve New Business Item “B” as follows:
1. Approve the General Fund Balance and Reserve Policy
2. Approve the City’s Pension Liability Pre-Funding Plan of Additional Discretionary Payments
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
Items “C,” “D,” and “E” were all considered in one presentation.
Deputy City Manager Phillip Burum provided the staff report.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 4-1 to approve New Business Items “C,” “D,” and “E,” as follows:
C. Special Ballot Measure Tax Consulting 21-2552
Approve and authorize the City Manager to enter into an agreement (SP-50-FD-23-01) and any future amendments with DTA, Inc. in the amount of $79,500 for an exploratory tax study of Community Facilities District fund consolidation and restructuring.
D. Special Ballot Measure Feasibility Survey 21-2564
Approve and authorize the City Manager to enter into an agreement with FM3 Research in the amount of $104,800 to provide feasibility survey and research for a potential November 2024 Community Facilities District consolidation ballot measure.
E. Special Ballot Measure Development 21-2565
1. Approve and authorize the City Manager to enter into an agreement with TeamCivX in the amount of $94,200 for the development of a potential November 2024 Community Facilities District consolidation ballot measure and future amendments.
2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5.
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 Matthew Ballantyne did not have any comments.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
Council Member Sandoval encouraged all to attend the upcoming Halloween events and the Veteran's Day Celebration.
Council Member Roberts had no comments.
Council Member Cothran encouraged all to be safe during the Halloween season.
Mayor Pro Tem Garcia expressed disappointment with the lack of decorum among some of tonight's audience members.
Mayor Warren discussed progress made in Fontana and the importance of support local businesses who were operating legally. Also discussed small business assistance programs offered by the City.
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting in memory of Ruben Gutierrez. The meeting adjourned
at 9:59 p.m. to the ne xt Regular City Council Meeting on November 14, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Christina Rudsell
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON NOVEMBER 14
TH, 2023.
_______________________
Germaine Key
City Clerk