Tuesday, July 25, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
WORKSHOP - 5:30 P.M.
REGULAR MEETING - 7:00 P.M.
Ord. No. 1922 Reso. No. 2023-056
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
1 City Council Meeting Regular Agenda July 25, 2023
Welcome to a meeting of the Fontana City Council.
Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.
Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk".
Para mayor informacion, favor de marcar el numero (909) 350-7602.
WORKSHOP:
A. 5:30 P.M. City Council Workshop
1. Annual Comprehensive Financial and Single Audit Reports.
2. Fourth Quarter Budget Status Reports.
CALL TO ORDER/ROLL CALL:
A. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
PROCLAMATION:
A. Proclamation
2 City Council Meeting Regular Agenda July 25, 2023
A. 1. Mayor Warren and City Council to proclaim August as Sickle Cell Trait Prevention Month (Sickle Cell Trait
Prevention Founder and Executive Director, Farron Dozier, to accept).
2. Mayor Warren and City Council to proclaim August 1,
2023, as National Night Out (Chief Dorsey, to accept).
21-2361
SPECIAL PRESENTATIONS:
A. Special Presentations
A. Mayor Warren and City Council to recognize Officers Mario Mancha, Bradley Terwilliger, and Dispatcher II Lindsay
Ernes as the Fontana Police Department June 2023
Employees of the Month. Captain Stover to present (to
Officers Mancha & Terwilliger) and Captain Binks (to
present to Dispatcher II Lindsay Ernes).
21-2323
PUBLIC COMMUNICATIONS:
This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .
A. Public Communications
CONSENT CALENDAR:
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.
Approve Consent Calendar Items as recommended by staff.
A. Approval of Minutes 21-2325
Approve the minutes of the July 11, 2023, City Council Meeting.
Attachments: City Council Meeting 7-11-23.pdf
3 City Council Meeting Regular Agenda July 25, 2023
B. Adoption of Ordinance No. 1916 (Second Reading) 21-2317 Second Reading / Ordinance No. 1916, an Ordinance of the City Council of the City of Fontana, approving Zoning District Map Amendment (Zone Change) No. 21-007, to amend the Zoning District Map changing the Zoning Designation for APNs: 0239-151-19, -25, -26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 19.0 acres located south of Duncan Canyon Road and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof.
Attachments: Ord. No. 1916.docx
C. Adoption of Ordinance No. 1917 (Second Reading) 21-2318 Second Reading of Ordinance No. 1917, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-007 (Acacia Real Estate Group, Inc.)
Attachments: Ord. No. 1917.docx
D. Approve the purchase of Three (3) Sewer Pumps for the future Tamarind Lift Station Reconstruction Project.
21-2308
1. Authorize the Sole Source purchase of the Flygt Sewer Pumps and accessories from Xylem Water Solutions USA, Inc. in the amount of $137,775 plus applicable sales tax for the Tamarind Lift Station.
2. Approve Public Works Department to continue standardizing the Flygt Pumps for the City’s Sewer Lift Stations.
Attachments: Tamarind Lift Station Pump Quote for purchase.pdf E. Police Department Donations Jan-June 2023 21-2312
Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.
Attachments: Jan-June 2023 Fontana PD Donation List.pdf
4 City Council Meeting Regular Agenda July 25, 2023
F. Measure I Five Year Local Street Capital Improvement Program Amendment and Annual Adoption
21-2313
Adopt Resolution No. 2023-056, approving an amendment to the Fiscal Years 2022/2023 - 2026/2027 Measure I Five Year Local Street Capital Improvement Program (CIP) and adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2023/2024 - 2027/2028.
Resolution No. 2023-
Attachment A - Amended FY 2022/23-2026/27 Measure I
Five Year CIP
Attachment B - FY 2023/24-2027/28 Measure I Five Year
CIP
Attachments:
G. Police Department Monthly Information Update 21-2321 Accept the Police Department monthly information update for June 2023.
Attachments: June 2023 Report for City Council Rev.pptx H. Fontana Art Association General Cooperative Operating Agreement
21-2327
1. Approve a one-year extension of the Art Association General Cooperative Operating Agreement between the Fontana Art Association (FAA) and the City of Fontana to operate the Koehler Gallery and provide cultural arts opportunities.
2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
Agreement With Fontana Art Association 7-2023 for
072523.pdf
Attachments:
I. Levy of a Special Tax in Community Facilities Districts (Maintenance) for Fiscal Year 2023-2024.
21-2324
Adopt Resolution No. 2023-057, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Attachments:
5 City Council Meeting Regular Agenda July 25, 2023
J. Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2023-2024.
21-2328
Adopt Resolution No. 2023-058, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:
K. Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2023-2024.
21-2329
Adopt Resolution No. 2023-059, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:
L. Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2023-2024.
21-2330
Adopt Resolution No. 2023-060, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:
6 City Council Meeting Regular Agenda July 25, 2023
M. Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2023-2024.
21-2331
Adopt Resolution No. 2023-061, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:
N. Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2023-2024.
21-2332
Adopt Resolution No. 2023-062, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
O. Levy of a Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2023-2024.
21-2333
Adopt Resolution No. 2023-063, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:
7 City Council Meeting Regular Agenda July 25, 2023
P. Levy of a Special Tax in Community Facilities District No. 70 (Avellino) for Fiscal Year 2023-2024.
21-2334
Adopt Resolution No. 2023-064, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 70 (Avellino) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
Q. Levy of a Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2023-2024.
21-2335
Adopt Resolution No. 2023-065, Authorizing the Levy of Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Location Map
Attachments:
R. Levy of a Special Tax in Community Facilities District No. 74B and 74M (Citrus/Summit) for Fiscal Year 2023-2024.
21-2336
1. Adopt Resolution No. 2023-066, Authorizing the Levy of a Special Tax in Community Facilities District No. 74B (Citrus/Summit) for Fiscal Year 2023-2024.
2. Adopt Resolution No. 2023-067, Authorizing the Levy of a Special Tax in Community Facilities District No. 74M (Citrus/Summit) for Fiscal Year 2023-2024.
Resolution to Levy Community Facilities District No. 74B Resolution to Levy Community Facilities District No. 74M Exhibit A
Exhibit B
Exhibit C
Boundary Map
Attachments:
8 City Council Meeting Regular Agenda July 25, 2023
S. Levy of a Special Tax in Community Facilities District No. 80 (Bella Strada) for Fiscal Year 2023-2024.
21-2337
Adopt Resolution No. 2023-068, Authorizing the Levy of Special Tax in Community Facilities District No. 80 (Bella Strada) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
T. Levy of a Special Tax in Community Facilities District No. 81 (Gabriella) for Fiscal Year 2023-2024.
21-2338
Adopt Resolution No. 2023-069, Authorizing the Levy of Special Tax in Community Facilities District No. 81 (Gabriella) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
U. Levy of a Special Tax in Community Facilities District No. 85 (The Meadows) for Fiscal Year 2023-2024.
21-2339
Adopt Resolution No. 2023-070, Authorizing the Levy of Special Tax in Community Facilities District No. 85 (The Meadows) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
V. Levy of a Special Tax in Community Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year 2023-2024.
21-2340
Adopt Resolution No. 2023-071, Authorizing the Levy of Special Tax in Community Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
9 City Council Meeting Regular Agenda July 25, 2023
W. Levy of a Special Tax in Community Facilities District No. 87 (El Paseo) for Fiscal Year 2023-2024.
21-2341
Adopt Resolution No. 2023-072, Authorizing the Levy of Special Tax in Community Facilities District No. 87 (El Paseo) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
X. Levy of a Special Tax in Community Facilities District No. 88 (Sierra Crest II) for Fiscal Year 2023-2024.
21-2342
Adopt Resolution No. 2023-073, Authorizing the Levy of Special Tax in Community Facilities District No. 88 (Sierra Crest II) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
Y. Levy of a Special Tax in Community Facilities District No. 89 (Belrose) for Fiscal Year 2023-2024.
21-2343
Adopt Resolution No. 2023-074, Authorizing the Levy of Special Tax in Community Facilities District No. 89 (Belrose) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
Z. Levy of a Special Tax in Community Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal Year 2023-2024. 21-2344
Adopt Resolution No. 2023-075, Authorizing the Levy of Special Tax in Community Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
10 City Council Meeting Regular Agenda July 25, 2023
AA. Levy of a Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2023-2024. 21-2345
Adopt Resolution No. 2023-076, Authorizing the Levy of Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AB. Levy of a Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2023-2024.
21-2346
Adopt Resolution No. 2023-077, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AC. Levy of a Special Tax in Community Facilities District No. 106 (Mountainview) for Fiscal Year 2023-2024.
21-2347
Adopt Resolution No. 2023-078, Authorizing the Levy of Special Tax in Community Facilities District No.106 (Mountainview) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AD. Levy of a Special Tax in Community Facilities District No. 1 (Southridge Village) for Fiscal Year 2023-2024.
21-2349
Adopt Resolution No. 2023-079, Authorizing the Levy of a Special Tax in Community Facilities District No. 1 (Southridge) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Location Map
Attachments:
11 City Council Meeting Regular Agenda July 25, 2023
AE. Levy of a Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2023-2024.
21-2350
Adopt Resolution No. 2023-080, Authorizing the Levy of Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AF. Levy of a Special Tax in Community Facilities District No. 107 (Highland) for Fiscal Year 2023-2024.
21-2351
Adopt Resolution No. 2023-081, Authorizing the Levy of Special Tax in Community Facilities District No.107 (Highland) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AG. Levy of a Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2023-2024.
21-2352
Adopt Resolution No. 2023-082, Authorizing the Levy of Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AH. Levy of a Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2023-2024.
21-2353
Adopt Resolution No. 2023-083, Authorizing the Levy of Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
12 City Council Meeting Regular Agenda July 25, 2023
AI. Levy of a Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2023-2024.
21-2354
Adopt Resolution No. 2023-084, Authorizing the Levy of Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2023-2024.
Resolution
Exhibit A
Exhibit B
Boundary Map
Attachments:
AJ. 2023-2024 Statement of Investment Policy 21-2348
Adopt the City of Fontana Statement of Investment Policy for Fiscal Year 2023-2024.
Attachments: 2023-2024 Investment Policy
AK. Approve lease agreement, supportive service agreement and property management agreements for Homekey and
Family Homelessness Challenge Grant properties.
21-2357
1. Approve and authorize the City Manager to execute the lease agreements with Water of Life Community Church for Homekey and Family Homelessness Challenge Grant properties.
2. Approve and authorize the City Manager to execute the supportive services agreements with Water of Life Community Church for Homekey and Family Homelessness Challenge Grant properties.
3. Approve and authorize the City Manager to execute the property management agreements with Quality Management Group for Homekey and Family Homelessness Challenge Grant properties.
4. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to these agreements and execute any future amendments to these agreements.
WOL_Supportive Services Agreement.docx
WOL_Fontana Tamarind Lease .docx
FHC Grant_QMG Agreement -c1.docx
Attachments:
13 City Council Meeting Regular Agenda July 25, 2023
AL. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2022 and Single Audit Report Fiscal Year Ended June 30, 2022
21-2356
1. Receive and File the City of Fontana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2022.
2. Receive and File the City of Fontana’s Single Audit Report (SAR) for Fiscal Year ended June 30, 2022.Recomm
Fontana 2022 ACFR.pdf
Single Audit Report Final.pdf
Attachments:
AM. Fiscal Year 2022-23 Fourth Quarter Budget Status Report 21-2363 Approve Fourth Quarter Budget Status Report
Attachments: Fiscal Year 22-23 Fourth Quarter Budget Status Report.pdf AN. Approve contract adjustment for federal lobbying services with Smith, Dawson & Andrews (SDA).
21-2372
Authorize the city manager to execute a contract agreement between the City of Fontana and Smith, Dawson & Andrews to continue services in support of the city’s Washington, DC legislative initiatives in an amount not to exceed $6,500 per month.
DRAFT Smith Dawson & Andrews Professional Services
Agreement.pdf
Attachments:
AO. Approve Amendment No. 2 to the Professional Services Agreement (MS-78-DS-23) for Branding, Marketing and
Photography Services (Stage Red).
21-2377
Amendment No. 2.pdf
Meat and Potatoes Agr MS-78-DS-23.pdf
Attachments:
14 City Council Meeting Regular Agenda July 25, 2023
AP. Award a Contract for the acquisition and installation of furnishings and fixtures for Stage RED
21-2378
1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the furnishings and fixtures related to the renovation of Stage RED (Bid No. DS-24-07-SP) in an amount not to exceed $675,000.
2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the furnishings and fixtures related to the renovation of Stage RED.
3. Authorize the City Manager or his designee the authority to surplus and/or dispose of existing furnishings, fixtures, and audio-visual equipment that is not being reused as part of the renovation.
Attachments: Stage Red Furnishings RFP (DS-24-07-SP).pdf PUBLIC HEARINGS:
To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.
All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes)
15 City Council Meeting Regular Agenda July 25, 2023
A. Third Combined General Plan Amendments and Projects
for the 3rd General Plan Cycle of 2023; Part No. 1 -
Downtown Core Project and associated Environmental
Impact Report, and Part No. 2 - The Heights at Southridge Project and associated Addendum to the Southridge
Village Specific Plan Environmental Impact Report, and
Part No. 3 - Citrus/Oleander Industrial Commerce Center Project and associated Environmental Impact Report.
21-2227
Part No. 1 - Downtown Core Project
Master Case No. 22-118: General Plan Amendment (GPA) No. 22-010 and Zoning Code Amendment (ZCA) No. 22-010 - General Plan Amendments and Zoning Code update to implement the new Downtown Core, bordered by Foothill Blvd. to the north, Randall Avenue to the south, Juniper Avenue to the west, and Mango Avenue to the east, to allow higher density residential and mixed-use development along with the ultimate creation of a pedestrian plaza in the Downtown area. The proposed General Plan and Zoning and Development Code
amendments include new land use districts and associated development standards promoting housing density and a vibrant Downtown with added residential development, amenities, attractive architecture and commercial development. An Environmental Impact Report (EIR) was prepared for the project.
1a) Adopt Resolution No. 2023-086, (Part No. 1 of General Plan Amendment cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110624), adopting a Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and a Statement of Facts and Findings and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-010 (Part No. 1 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 478 acres from Walkable Mixed Use Corridor & Downtown (WMXU-1) and Residential Single Family (R-SF) to Walkable Mixed Use Downtown Core (WMXU-3) and modifying the text of Chapter 9 (Community Mobility and Circulation) to reflect implementation of a pedestrian plaza on Sierra Avenue, Chapter 14 (Downtown Area Plan) to establish the goals and actions for the Downtown area and 15 (Land Use, Zoning, and Urban Design) to establish the Walkable Mixed Use Downtown Core (WMXU-3); and,
1b) Read by title only and waive further reading of and introduce Ordinance No. 1923, an Ordinance of the City Council of the City of Fontana, approving a Zoning Code Amendment (ZCA No. 22-010) establishing new zoning districts within the Downtown Core and amending the text of the Zoning and Development Code to set development standards for the Downtown Core area.
16 City Council Meeting Regular Agenda July 25, 2023
Part No. 2 - The Heights at Southridge Project
Master Case No. 22-084: General Plan Amendment No. 22-008, Specific Plan Amendment No. 22-004, Tentative Parcel Map No. 20565 (TPM No. 22-018), Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review No. 22-043, and Administrative Site Plan No. 23-014 - Amendment of the subject site’s land use designation for approximately 37.32 adjusted gross acres which includes five parcels; Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC) and proposed development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units), with various amenities and a public park within a 54 acre project area (37.32 acre development site), and associated Addendum to the Southridge Village Specific Plan Environmental Impact Report.
2a) Adopt Resolution No. 2023-085, (Part No.2 of General Plan Amendment Cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana approving an Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) for The Heights at Southridge Project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-008 (Part No. 2 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 58 adjusted gross acres (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19) including Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC); approving Specific Plan Amendment No. 22-004 to amend Planning Area 56 from Bird Farm (BF). Planning Area 66A from Quarry (Q) to Entry Estates/Duplex, which is a Medium Density Residential land use category with a maximum density of 8 dwelling units per acre for approximately 37.32 acres, and modifying the development standards within the Medium Density Residential Zoning District, located south of Village Drive and east of Live Oak Avenue; approving Tentative Parcel Map No. 20565 (TPM No. 22-018) to subdivide two existing parcels into four parcels; approving Tentative Tract Map No. 20568 (TTM No. 22-007) to divide one existing lot into 255 lots for condominium purposes; and approving Design Review No. 22-043 and Administrative Site Plan No. 23-014 for site and architectural review for the development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units) and associated amenities and a the
17 City Council Meeting Regular Agenda July 25, 2023
development of a park site within a 37.32-acre site and associated improvements, respectively and subject to the Conditions of Approval; and, Part No. 3 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 21-053, Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment (Zone Change) No. 22-005, Specific Plan Amendment (SPA) No. 22-002, Development Agreement (DA) No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map 20708 (TPM No. 22-030) (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map 20707 (TPM No. 22-031) (Building No. 3), Design Review No. 22-062 (Building No. 3) - Amendment of the subject site’s land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and proposed site and architectural design for the development of three (3) industrial commerce center buildings totaling approximately 540,849 square feet, and associated Final Environmental Impact Report (EIR). 3a) Adopt Resolution No. 2023-087, (Part No. 3 of General Plan Amendment cycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-004 (Part No. 3 of General Plan Amendment cycle No. 3 of 2023) amending the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3) to process three parcel maps to consolidate six (6) parcels into one parcel, to develop project sites for Building No. 1 and Building No. 2, and to consolidate five (5) parcels into one for the development of the project site for Building No. 3 respectively subject to conditions of approval, and approving Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) for the site and architecture review for three buildings totaling approximately 540,849 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and,
18 City Council Meeting Regular Agenda July 25, 2023
3b) Read by title only and waive further reading of and introduce Ordinance No. 1924, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (Zone Change) No. 22-005 changing the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
3c) Read by title only and waive further reading of and introduce Ordinance No. 1925, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-002, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
3d) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-005 for a public benefit fee.
19 City Council Meeting Regular Agenda July 25, 2023
Attachment No. 1 (Part No. 1) - Resolution to Certify EIR Attachment No. 2 (Part No. 1) - Resolution for General Plan Amendment
Attachment No. 3 (Part No. 1) - Community Mobility and
Circulation
Attachment No. 4 (Part No. 1) - Downtown Area Plan
Attachment No. 5 (Part No. 1) - Land Use, Zoning, and
Urban Design
Attachment No. 6 (Part No. 1) - Ordinance for Zone Change Attachment No. 7 (Part No. 1) - Ordinance for Zoning Code Amendments - Exhibit A
Attachment No. 8 (Part No. 1) - Downtown Fontana
Development Guidebook
Attachment No. 9 (Part No. 1) - Planning Commission
Packet
Attachment No. 10 (Part No. 1) - City Council Public Hearing Notice
Attachment No. 11 (Part No. 2) - Resolution for GPA, SPA,
TPM, ASP, DR
Attachment No. 12 (Part No. 2) - Planning Commission
Package, MCN22-084
Attachment No. 13 (Part No. 2) - Draft Planning Commission Minutes from June 20, 2023
Attachment No. 14 (Part No. 2) - City Council Public Hearing Notice_MCN22-084
Attachment No. 15 (Part No. 3) - Resolution to Certify EIR Attachment No. 16 (Part No. 3) - Resolution for GPA, TPM, DR
Attachment No. 17 (Part No. 3) - Ordinance for Zone
Change
Attachment No. 18 (Part No. 3) - Ordinance for SPA
Attachment No. 19 (Part No. 3) - Ordinance for DA
Attachment No. 20 (Part No. 3) - Planning Commission
Package, MCN-22-053
Attachment No. 21 (Part No. 3) - Draft Planning Commission minutes from June 20, 2023
Attachment No. 22 (Part No. 3) - City Council Public Hearing Notice_MNC 22-053
Attachments:
20 City Council Meeting Regular Agenda July 25, 2023
B. Public Hearing to Establish Fiscal Year 2023-2024
Assessment Rates for Landscape and Lighting
Maintenance Districts.
21-2355
1. Adopt Resolution No. 2023-090, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2023-2024.
2. Adopt Resolution No. 2023-091, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2023-2024.
3. Adopt Resolution No. 2023-092, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2023-2024.
4. Adopt Resolution No. 2023-093, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2023-2024.
5. Adopt Resolution No. 2023-094, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2023-2024.
LMD 1 Resolution
LMD 2 Resolution
LMD 3 Resolution
LMD 3-1 Resolution
LLMD 3 Resolution
Attachments:
21 City Council Meeting Regular Agenda July 25, 2023
C. An Urgency Ordinance of the City Council of the City of Fontana in Accordance with Government Code Section
65858 Enacting for a Period of Forty-Five (45) Days a
Moratorium on the Approval of any Building Permit,
Occupancy Permit, Conditional Use Permit, Variance,
Subdivision Map, Design Review or other Land Use
Entitlement or Permit, or Regulatory License or Permit
Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based,
Non-Entertainment Uses.
21-2371
Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. 1922, “An Urgency Ordinance of the City Council of the City of Fontana in Accordance with Government Code Section 65858 Enacting for a Period of Forty-Five (45) Days a Moratorium on the Approval of any Building Permit, Occupancy Permit, Conditional Use Permit, Variance, Subdivision Map, Design Review or other Land Use Entitlement or Permit, or Regulatory License or Permit Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based, Non-Entertainment Uses. ”
Attachment No. 1 - Urgency Ordinance
Attachment 2-Ordinance Exhibit A.pdf
Attachments:
D. Third Amendment to Fontana Woman’s Club Operating
Covenant Agreement.
21-2373
1. Adopt Resolution No. 2023-095, of the City Council of the City of Fontana Approving the Third Amendment to the Operating Covenant Agreement Between the City and Fontana Woman’s Club, a California Domestic Nonprofit, to Bring Current the Installment Schedule as Set Forth in the Second Amended Operating Covenant and to Effectuate Conditions for Repayment Forgiveness Thereof.
2. Find that the amendment to the Operating Covenant Agreement is exempt from the California Environmental Quality Act Review (CEQA) under Sections 15301, 15331, and 15332 of the State CEQA Guidelines and direct staff to file the Notice of Exemption within five days.
Attachment No. 1 - Resolution Adopting Third Amendment to Fontana Woman's Club OA.docx
Attachment No. 2 - Third Amendment to OCA for Fontana
Womans Club.docx
Attachments:
CITY MANAGER COMMUNICATIONS:
22 City Council Meeting Regular Agenda July 25, 2023
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
ADJOURNMENT:
A. Adjournment
Adjourn to the next Regular City Council Meeting on September 12, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
23 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2361 Agenda Date: 7/25/2023
Agenda #: A. Category: Proclamation
Special Presentation
Tuesday, July 25, 2023
7:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 7/19/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2323 Agenda Date: 7/25/2023
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, July 25, 2023
7:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 7/19/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2325 Agenda Date: 7/25/2023
Agenda #: A. Category: Consent Calendar
FROM:
City Clerk
SUBJECT:
Approval of Minutes
RECOMMENDATION:
Approve the minutes of the July 11, 2023, City Council Meeting.
COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.
DISCUSSION:
The City Council will consider approval of the minutes of the July 11, 2023, Regular City Council meeting. The draft minutes are attached to this report for Council review and approval.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Page 1 of 1 Printed on 7/19/2023
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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, July 11, 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
27
PUBLIC COMMUNICATION - CLOSED SESSION:
There were no public communications received for the following items:
1. Angel Flores Vasquez v. City of Fontana; Noah Shay Paculba Case No. CVRI2201914.
2. Narvolean Jackson vs. City of Fontana Case No. CIVSB2120186.
CLOSED SESSION:
A. 6:00 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, July 11th, 2023.
Mayor Warren called the meeting to order at 6:01 p.m., with all members of the City Council present.
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
A Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 11 th, 2023. Mayor
Warren called the meeting to order at 7:02 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, and Sandoval.
ABSENT: Council Member Cothran
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
The invocation was given by Council Member John Roberts, followed by the pledge of allegiance led by Council Member Sandoval.
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement:
City Attorney Duran reported that the City Council met in Closed Session on the items listed on the agenda but took no reportable action.
28
SPECIAL PRESENTATIONS:
A. Special Presentations:
1. Mayor Warren and City Council to proclaim July is Park and Recreation Month. (Community Services Supervisor, Tiffany Starks to accept).
Mayor Warren and City Council presented Community Services Supervisor Starks, a proclamation recognizing the month of July as Park and Recreation Month.
A short video was played, highlighting the Community Services Department events and daily activities.
2. Mayor Warren and City Council to recognize Community Service Coordinator, Hector Vasquez as Community Services Department Employee of the Year (Director Daniel Schneider to present).
Mayor Warren and City Council recognized Hector Vasquez as the Employee of the Year.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
1. Lynda Dykes, on behalf of the Fontana Moose Lodge, commented on services that are provided by the organization and invited the public to attend the upcoming Luau Event.
2. Mark Richichi commented on the movie “Sound of Freedom” and his opposition to abortion and planned parenthood clinic coming to the City.
3. Aida Blanco spoke in opposition to abortion and a proposed planned parenthood center within Fontana.
4. Michael Townsend, a representative from Assembly Majority Leader, Eloise Gomez Reye’s office spoke to inform the public of Representative Reye’s success and how she has secured state budgeting funding for Fontana and its Downtown plan for Culture and Commerce Development, and the refurbishing of San Bernadino County’s Crisis Resident Treatment Facility.
5. John Bell Jr. suggested a new skate park at Miller Park and spoke about concerns as it relates to maintenance on the city’s service members flags.
6. Amanda Morales, Special Project Coordinator, spoke on behalf of the Fontana Chamber of Commerce and commented on the 4
th Quarter Report that was submitted to City
Council and shared several highlights.
29
CONSENT CALENDAR:
City Attorney, Ruben Duran, suggested that City Council either vote separately on Consent Calendar Items “D and E” or pull the items from the Consent Calendar and have those items be continued to a future meeting.
Mayor Warren requested that items “D’ and ‘E” be removed from the Consent Calendar and not be taken as part of the motion. The request is that these items will be continued at a future meeting.
Council Member Sandoval voted NO on Consent Calendar Items “B and C”.
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to adopt the Consent Calendar Items “A-C, F-K ”, with the removal of Consent Calendar Items “D and E” and Council Member Sandoval voting NO on Consent Calendar Items “B and C”. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
A. Approval of Minutes 21-2314
Approve the minutes of the June 27, 2023, City Council Meeting.
Attachments: City Council Meeting Minutes 6-27-2023 (003).pdf B. Adoption of Ordinance No. 1914 (Second Reading) 21-2315 Second Reading / Ordinance No. 1914, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (Zone Change) No. 21-006 changing the zoning designation for APNs: 0239-151-09 and -38 from Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately 11.1 acres located north of Casa Grande Avenue and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof;
Attachments: Ord. No. 1914.docx
C. Adoption of Ordinance No. 1915 (Second Reading) 21-2316 Second Reading of Ordinance No. 1915, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-006 (Shea Properties) for a public benefit fee
Attachments: 1st Read Ordinance No. 1915 - DA with new fee - MCN21-090.docx
D. Adoption of Ordinance No. 1916 (Second Reading) 21-2317 This item was pulled from the Consent Calendar and was not taken as part of the motion.
30
Attachments: Ord. No. 1916.docx
E. Adoption of Ordinance No. 1917 (Second Reading) 21-2318 This item was pulled from the Consent Calendar and was not taken as part of the motion.
Attachments: Ord. No. 1917.docx
F. Adoption of Ordinance No. 1918 (Second Reading) 21-2319 Second Reading of Ordinance No. 1918, an Ordinance of the City Council of the City of Fontana, California, amending sections 1-1, 1-2, 1-7 and 1-14 in Chapter 1 of the Fontana Municipal Code to make the sections more intuitive and to incorporate current best practices;
Attachments: Ord. No. 1918 .docx
G. Adoption of Ordinance No. 1921 (Second Reading) 21-2320 Second Reading of Ordinance No. 1921, an Ordinance of the City Council of the City of Fontana, California, amending section 20-27 of the Fontana Municipal Code to revise the process of modifying the specifications for an employment position such that it requires only City Manager approval.
Attachments: Ord No. 1921 .docx
H. Acceptance of Final Map of Parcel Map No. 20235 21-2289 Accept final Parcel Map No. 20235 located east of Redwood Avenue and north of Washington Drive; accept as public dedicated streets and easements; and authorize the Mayor and City Clerk to certify the abandonment of certain portions of street right of way as shown on said map.
Attachments: Vicinity Map
Parcel Map
I. Acceptance of Final Map for Tract No. 20070 21-2297
Approve the Final Map for Tract No. 20070 located along Coyote Canyon Road north of Duncan Canyon Road and accept easements.
Attachments: Vicinity Map.pdf
Tract Map 20070.pdf
J. Award a Construction Contract for the Arrow Boulevard at Tokay 21-2300 Avenue Traffic Signal Project.
1. Award bid and authorize the City Manager to execute a construction contract with Baker Electric Inc. for the construction of the Arrow Boulevard at Tokay Avenue Traffic Signal Project in the amount of $1,237,500.35 and authorize 31
a 10% contingency in the amount of $123,750 (Bid No. SB-113-DE-23).
2. Appropriate $200,000.00 from Measure I Fund 246 to the Arrow Boulevard at Tokay Avenue Traffic Signal Project No. 3354.
3. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Arrow Boulevard at Tokay Avenue Traffic Signal Project.
Attachments: Vicinity Map
Bid Results
Bid Detail
K. Final Acceptance of the Construction of the Valley 21-2307 Boulevard/Kaiser Sewer Project - Bid No. SB-19-PW-22
1. Accept as complete the work performed by GRBCON Inc. for the Valley Boulevard/Kaiser Sewer Project and approve the final construction amount of $872,225.55
2. Adopt Resolution No. 2023-055, accepting a new parallel sewer main in Valley Boulevard.
Attachments: Sewer Resolution Valley Sewer.doc
CITY MANAGER COMMUNICATIONS:
City Manager, Matt Ballantyne recognized staff from Community Services, Public Works, and the Fontana’s Police Department for a successful 4
th of July Celebration; commended staff
from Development Services and the Innovation and Technology Departments for their recent efforts in implementing a new management software program.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked the Community Services Department, City Staff, and the Police Department for putting on a great 4th of July Celebration .
City Clerk Key wished City Treasure Koehler-Brooks a happy birthday and thanked the City of Fontana’s Community Services staff for their teamwork in putting on the 4 th of July Celebration.
Mayor Pro Tem Garcia commented on a successful 4th of July Celebration and congratulated, Community Services Coordinator, Hector Vasquez on receiving Employee of the Year. 32
Council Member Roberts congratulated Community Services Coordinator, Vasquez on his recognition and dedication to the city and expressed his appreciation and thanked the Fontana’ Police Department for helping suppress illegal fireworks.
Council Member Sandoval echoed similar comments that were previously mentioned; commended Director Schneider and department staff for providing exceptional instruction to youth swimmers and closed his comments by wishing his daughter Teresa a happy birthday.
Mayor Warren echoed similar comments that were previously mentioned; wished City Treasurer Koehler-Brooks a happy birthday and congratulated Community Services Coordinator, Hector Vasquez on receiving Employee of the Year. Mayor Warren also thanked Police, Fire, Community and Public Works Departments for putting on a safe 4th of July Celebration, commented on the positive feedback that was received on social media regarding the event, and spoke on recent attendance at Arrowhead Regional Medical Center and the Inland Empire Black Chamber events.
Mayor Warren reminded the public of the upcoming events that include San Bernardino County’s 2 nd District Supervisor, Jesse Armendarez, field office opening event and the Spring Street Night community event; Mayor Warren also commented on illegal Street Vendors and the city’s dedication to the safety of the community; and briefly commented on assistance that is being offered to food vendors and asked the public not to support illegal street vendors.
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting at 7:49 p.m. to the next City Council Meeting on Tuesday, July 25, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Susana Gallardo
Specialist to the Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JULY 25, 2023.
_______________________
Germaine Key
City Clerk
33 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2317 Agenda Date: 7/25/2023
Agenda #: B. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Adoption of Ordinance No. 1916 (Second Reading)
RECOMMENDATION:
Second Reading / Ordinance No. 1916, an Ordinance of the City Council of the City of Fontana, approving Zoning District Map Amendment (Zone Change) No. 21-007, to amend the Zoning District Map changing the Zoning Designation for APNs: 0239-151-19, -25, -26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1) for approximately
19.0 acres located south of Duncan Canyon Road and east of Sierra Avenue, and that the reading of the title constitutes the first reading thereof.
COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
DISCUSSION:
Ordinance No. 1916 was introduced by a vote of 3-2 at the June 27, 2023, Regular City Council meeting.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
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ATTACHMENT NO. 10
ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF FONTANA,
APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT FOR THE SIERRA BUSINESS CENTER (STATE CLEARINGHOUSE NO. 2022030544), ZONING DISTRICT MAP AMENDMENT (ZONE CHANGE) NO. 21-007, TO CHANGE THE ZONING DESIGNATION FOR APNS 0239-151- 19, -25, -26, and -36 FROM GENERAL COMMERCIAL (C-2) AND MULTI FAMILY HIGH RESIDENTIAL (R-5) TO LIGHT INDUSTRIAL (M-1) FOR APPROXIMATELY 19.0 ACRES LOCATED SOUTH OF DUNCAN CANYON
ROAD AND EAST OF SIERRA AVENUE
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:
WHEREAS, the applicant submitted a request for Zoning District Map Amendment (Zone Change) No. 21-007 to amend the zoning map designation for parcels APNs:
0239-151-19, -25, -26, and -36 from the General Commercial (C-2) and Multi Family High Residential (R-5) Zoning District to the Light Industrial (M-1) Zoning District; and WHEREAS, on April 18, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a public hearing held on Zoning District Map Amendment (Zone Change) No. 21-007 and related entitlements, and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval to the City Council of Zoning District Map Amendment (Zone Change) No. 21-007; and
WHERAS, the subject property is proposed to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the City’s Regional House Needs Assessment (RHNA) allocation; and
WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 725 units will be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other parcels until the 725 residential units are reclaimed within future planned residential projects.
WHEREAS, after the publication of notice as required by law, the City Council of the City of Fontana, California conducted a public hearing on Zoning District Map Amendment (Zone Change) No. 21-007; and
35 Ordinance No. 2023 - ___
WHEREAS, a duly noticed public hearing for the project was opened at the May 9, 2023, City Council Meeting and on that date the public hearing was continued to the June 27, 2023, City Council meeting; and
WHEREAS, on June 27, 2023, the City Council held a duly noticed public hearing on Zoning District Map (Zone Change) Amendment No. 21-007 along with the entitlement referenced herein, received testimony and the supporting documents in evidence, and the City Council found that the Zoning District Map Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and
WHEREAS, Zone Change Amendment No. 21-007 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support highquality development in design standards and land use decisions”; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community.
Section 2. The City of Fontana City Council hereby makes the following findings for Zoning District Map Amendment (Zone Change) No. 21-007 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: The applicant is proposing to change the zoning designations from General Commercial (C-2) and Multi Family High Residential (R5) to Light Industrial (M-1). This would allow for the construction of two (2) industrial commerce center buildings totaling approximately 385,043 square feet. This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area. The proposed zone change will provide consistency with the proposed zoning and development to the south of the subject site and will provide safe and attractive development.
36 Ordinance No. 2023 - ___
Section 3. The City Council approves this Ordinance pursuant to the certified the Sierra Business Center Environmental Impact Report (State Clearinghouse No. 2022030544). The City Council finds that the EIR contains a complete and accurate reporting of all the environmental impacts associated with the Ordinance pursuant to the California Environmental Quality Act (CEQA). Based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and Section 4. The City Council approves Zoning District Map Amendment (Zone Change) No. 21-007 to amend the zoning designation for APNs: 0239-151-19, -25, - 26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M-1) as shown on Exhibit “A”, and attached hereto and by this reference incorporated; and
Section 5. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News or other local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of June 2023.
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 adopted by the City Council and was introduced at a regular meeting on the 27th day of June 2023, and was finally passed and adopted not less than five days thereafter on the 11
th day of July 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
37 Ordinance No. 2023 - ___
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
38 Ordinance No. 2023 - ___
“EXHIBIT A”
EXISTING AND PROPOSED ZONING MAP DESIGNATION -
GENERAL COMMERCIAL (C-2) AND MEDIUM-FAMILY RESIDENTIAL (R-5) TO
LIGHT INDUSTRIAL (I-L)
39 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2318 Agenda Date: 7/25/2023
Agenda #: C. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Adoption of Ordinance No. 1917 (Second Reading)
RECOMMENDATION:
Second Reading of Ordinance No. 1917, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-007 (Acacia Real Estate Group, Inc.) COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
DISCUSSION:
Ordinance No. 1917 was introduced by a vote of 3-2 at the June 27, 2023, Regular City Council meeting.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Page 1 of 1 Printed on 7/19/2023
powered by Legistar™ 40
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, PURSUANT TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT FOR THE NORTH
FONTANA INDUSTRIAL COMMERCE CENTER PROJECT
(STATE CLEARINGHOUSE NO. 22022030544),
APPROVING DEVELOPMENT AGREEMENT NO. 22-007
BETWEEN THE CITY OF FONTANA AND ACACIA REAL
ESTATE GROUP, INC., WHICH PROVIDES A PUBLIC
BENEFIT FEE IN THE AMOUNT OF $1,636,432.70.
WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, Acacia Real Estate Group, Inc. (“Developer”) has proposed to enter into a development agreement concerning the Property (“Development Agreement”), to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in the Development Agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and
WHEREAS, the City of Fontana, a California Municipal Corporation ("City") and Developer are supportive of entering into a Development Agreement whereby Developer will acquire fee title to certain real property (the "Property"); and WHEREAS, Developer's interest in the Property, including that interest to be conveyed pursuant to the DA, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and WHEREAS, Developer proposes the development of the Property for two industrial buildings totaling approximately 385,043 square feet, including up to 21,000 square feet ATTACHMENT NO. 11
41 2 of 5
of office space, entailing front end investment in the planning, entitlement and development of the Property to achieve the goals of the City's General Plan ("General Plan"), as further described and conditioned in the Development Agreement (collectively, such development shall be referred to herein as the "Project"); and WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and WHEREAS, City has found that the development agreement attached hereto as Exhibit A and incorporated herein by reference ("Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and
WHEREAS, City has determined that by entering into the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment and industrial opportunities created by the Project for residents of the City; and
WHEREAS, on April 18, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a public hearing held on Development Agreement No. 22-007, and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval to the City Council of Development Agreement 22-007; and WHEREAS, a duly noticed public hearing for the project was opened at the May 9, 2023, City Council Meeting and on that date the public hearing was continued to the June 27, 2023, City Council meeting; and
WHEREAS, on June 27, 2023, the City Council introduced this Ordinance through a first reading of this Ordinance; and
WHEREAS, consistent with the California Environmental Quality Act (CEQA) (Pub.
Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the Sierra Business Center Environmental Impact Report (“EIR”) (State Clearinghouse No. 2022030544).has been prepared for development including development of the Property; and
WHEREAS, the City Council has certified the North Fontana Industrial Commerce Center EIR and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and
42 3 of 5
WHEREAS, the terms and conditions of the Development Agreement have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable, and consistent with the General Plan. Further, City finds that:
(i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the Development Agreement is consistent with the General Plan; (iv) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice;
(v) the Development Agreement will not be detrimental to the public health, safety and general welfare; and
(vi) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property.
THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
Section 1. The recitals are true and correct and incorporated herein by this reference.
Section 2. Consistent with the California Environmental Quality Act (CEQA) (Pub.
Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the North Fontana Industrial Commerce Center Environmental Impact Report (“EIR”) (State Clearinghouse No. 2022030544) was prepared for development, including development of the Property. The City Council has certified the North Fontana Industrial Commerce Center EIR and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.
Section 3. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the Development Agreement, a copy of which is on file with the City Clerk and incorporated by reference herein attached as “Exhibit A” for entitled "Development Agreement No. 22-007 between Acacia Real Estate Group, Inc. and the City of Fontana, a California municipal corporation.
Section 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City. 43 4 of 5
Section 5. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those Recitals as its own as though fully set forth in this Ordinance.
Pursuant to California Government Code section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code.
Section 6. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the Development Agreement is in the best interests of the City, and represents good land use practices, as it ensures the orderly development of the Property with amenities and infrastructure that will be beneficial to the community.
Section 7. The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the Development Agreement are:
1. The development of an undeveloped site.
2. The development of onsite infrastructure upgrades that would not occur otherwise.
3. The generation of additional property tax.
4. The stimulation of adjacent areas in the City by introducing new industrial facilities and opportunities.
5. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.
6. The payment of a public benefit fee from the Developer to the City to offset certain private benefits received by Developer under the DA.
Section 8. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA.
Section 9. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, provided however, if Ordinance adopting Development Agreement No. 22-007 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Ordinance shall be null and void and have no further force or effect. The Ordinance or a summary of the Ordinance shall be published at least once in the Herald News, a newspaper of general circulation in the City of Fontana. Thereafter this Ordinance shall be in full force and effect.
APPROVED and ADOPTED this 27th day of June 2023.
READ AND APPROVED AS TO LEGAL FORM:
44 5 of 5
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 adopted by the City Council and was introduced at a regular meeting on the 27th day of June 2023, and was finally passed and adopted not less than five days thereafter on the 11 th day of
July 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
45 Exhibit A
EXHIBIT "A"
DEVELOPMENT AGREEMENT
46 Exhibit A
Recorded at request of: )
Clerk, City Council )
City of Fontana )
)
When recorded return to: )
City of Fontana )
8353 Sierra Avenue )
Fontana, CA 92335 )
Attention: City Clerk )
)
Exempt from Filing Fees, Government Code Section 6103
DEVELOPMENT AGREEMENT NO. 22-007
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF FONTANA
a California Municipal Corporation
(“City”)
and
ACACIA REAL ESTATE GROUP, INC.,
(“Owner”)
47 Exhibit A
DEVELOPMENT AGREEMENT NO. 22-007
This Development Agreement (hereinafter “Agreement”) is entered into effective on the date it is recorded with the San Bernardino County Recorder (hereinafter the “Effective Date”) by and among the City of Fontana, a California municipal corporation (hereinafter, “CITY”), and Acacia Real Estate Group, Inc. (hereinafter, “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement with respect to that certain real property located at the southeast corner of Sierra Avenue and Duncan Canyon Road (APNs: 0239-151-19-0000, 0239-151-25, 0239-151-26 and 0239-151-36), as more particularly described on Exhibit “A” and shown on Exhibit “B” to this Agreement (the “Property”), and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the City Council of the City of Fontana reviewed, considered, and certified the Environmental Impact Report (“EIR”) for the North Fontana Business Center of which the Project, as that term is defined below, is a part, and made findings concerning the mitigation measures for the Project, and adopted a Mitigation Monitoring and Reporting Program in accordance with CEQA and the State and City CEQA Guidelines; and WHEREAS, DEVELOPER has filed an application for, and the City Council has approved Master Case (MCN) 21-099, General Plan Amendment No. 21-005, Zoning Code Amendment No. 20-007, Tentative Parcel Map No. 20608 (TPM No. 21-022), and Design Review No. 21-039 Building (collectively, the “Project”).
WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and any Specific Plan applicable thereto; and 48 Exhibit A
WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of Fontana, a municipal corporation, organized and existing pursuant to the laws of the State of California.
1.1.3 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.
1.1.4 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) conditional use permits and design review permits;
49 Exhibit A
(b) tentative parcel maps;
(c) General Plan and Zoning Code amendments; and,
(d) grading, encroachment and building permits.
1.1.5 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.6 “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park “in lieu” fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).
1.1.7 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations, as those terms are defined herein, applicable to development of the Property.
1.1.8 “Effective Date” means the date the ordinance approving this Agreement becomes effective.
1.1.9 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date.
1.1.10 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date.
1.1.11 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
50 Exhibit A
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.
1.1.12 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.
1.1.13 “OWNER” means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property.
1.1.14 “Project” means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.
1.1.15 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.
1.1.16 “Public Benefit Fee” means the one-time public benefit fee described in Section 4.3 of this Agreement.
1.1.17 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.
1.1.18 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.
1.1.19 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
2. GENERAL PROVISIONS.
51 Exhibit A
2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the legal or equitable owner of the fee simple title to the Property or a portion thereof.
2.3 Term. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Development Agreement may be extended for an additional five (5) years following expiration of the initial term, provided the following have occurred:
(a) OWNER provides at least ninety (90) days written notice to CITY prior to the expiration of the initial term; and
(b) OWNER shall have obtained building permits for at least sixty-seven percent (67%) of the gross area of the industrial building(s) contemplated by the Project; and
(c) OWNER is not then in uncured default of this Agreement.
The initial term and, if and upon extension, the 5-year extension, shall sometimes be referred to herein collectively as the “Term.”
The term of this Agreement shall not be considered to run and shall toll for any period in which the Project is being challenged or litigated by a third-party.
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq., to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form substantially similar to that attached hereto as Exhibit “A” which has been deemed reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing 52 Exhibit A
therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.
Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed.
2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring owner shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.
2.4.4 Partial Release of Purchaser, Transferee or Assignee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to CITY to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, CITY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise affect, a release of OWNER from its duties and obligations under this Agreement.
2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally 53 Exhibit A
subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy or temporary certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Any amendment of this Agreement which has been requested by OWNER shall only be processed and considered by the CITY upon the payment of the applicable processing charge.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section
2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by the Development Agreement Policies.
Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees 54 Exhibit A
paid pursuant to Section 4.2 of this Agreement by OWNER to CITY buildings on which construction has not yet begun shall be refunded to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:
If to CITY:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
Copy to:
Best, Best & Krieger, LLP
2855 E. Guasti Rd, Suite 400
Ontario, CA 91761
Attn: City Attorney
Telephone: (909) 989-8584
Facsimile: (909) 944-1441
If to OWNER:
Acacia Real Estate Group, Inc.
Attn: David B. Pittman
260 Newport Center Drive, Suite 100
Newport Beach, CA 92660
Telephone: (714) 270-0777
Copy to:
Freeman, Freeman, Smiley
Attn: Jon S. Grizel
5 Park Plaza, Suite No. 650
Irvine, CA 92614
Telephone: (949) 252-2715
55 Exhibit A
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.
City of Camarillo, (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4. Notwithstanding anything to the contrary set forth in this Section 3.3 or in this Agreement, City acknowledges that OWNER shall have no obligation to construct the Project and that OWNER shall not be subject to any penalty nor shall City be entitled to any legal or equitable remedy, including, without limitation, a claim for 56 Exhibit A
specific performance of this Agreement, if OWNER determines not to construct the Project for any reason.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as Exhibit “C”, and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
57 Exhibit A
(c) Regulations, policies, and rules governing construction standards and specifications including, without limitation, the CITY’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan.
In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).
58 Exhibit A
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.
3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER’S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.
3.10 Tentative Parcel Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations.
59 Exhibit A
3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410 et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.
3.12 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Impact Fees.
4.2.1 Amount and Components of Fee(s). Development Impact Fees (DIF) shall be paid by OWNER. The DIF amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new DIF or amend the amounts of existing DIF. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, DIF established or imposed by such other public agencies, even though such DIF may be collected by CITY.
4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permits. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for which such fees have not previously been paid.
4.2.3 Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for the dedication of land, the construction of improvements or the payment of fees.
60 Exhibit A
4.3 Public Benefit Fee. Prior to the issuance of the Certificate of Occupancy for the building, as consideration for the privileges conferred by this Agreement, OWNER shall pay to the City a one-time public benefit fee totaling $1,636,432.70.
5. FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Planning Director, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually or as deemed necessary by resolution of the City Council.
6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER.
(b) Upon completion of a periodic review or a special review, the Planning Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue.
(c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
61 Exhibit A
(d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and,
(c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard.
OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement to impose such conditions as are reasonably necessary to obtain compliance with the terms of this Agreement. . The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.
7. DEFAULT AND REMEDIES.
62 Exhibit A
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
7.2 Specific Performance. Except as set forth in Section 3.3, above, the parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 7.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.
7.3 Release. Except for non-damage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 63 Exhibit A
7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan existed as of the Effective Date of this Agreement (“General Plan”), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.
8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including reasonable attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter 64 Exhibit A
be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions.
CITY may in its discretion participate in the defense of any such legal action.
8.4 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including reasonable attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including reasonable attorneys’ fees, upon billing and accounting therefor.
8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such 65 Exhibit A
requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements 66 Exhibit A
which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
10.4 Governing Law; Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.
10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
67 Exhibit A
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, epidemics, pandemics, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship 68 Exhibit A
between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 10.20 prior to CITY’s issuance of such certificates.
69 Exhibit A
10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.
OWNER
ACACIA REAL ESTATE GROUP, INC.,
a California corporation
By:
David Pittman
Its: President
Dated:
70 Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
71 Exhibit A
CITY:
CITY OF FONTANA, a California
municipal corporation
By:_____________________________
Acquanetta Warren, Mayor
Dated: __________________
By: ____________________________
Matthew C. Ballantyne, City Manager
ATTEST:
By:_____________________________
Germaine McClellan Key, City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
________________________________
City Attorney
72 Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me,
______________________________
_______
(insert name and title of the
officer)
personally appeared
_________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
5703203.2
27967-940
73 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2308 Agenda Date: 7/25/2023
Agenda #: D. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Approve the purchase of Three (3) Sewer Pumps for the future Tamarind Lift Station Reconstruction Project.
RECOMMENDATION:
1. Authorize the Sole Source purchase of the Flygt Sewer Pumps and accessories from Xylem Water Solutions USA, Inc. in the amount of $137,775 plus applicable sales tax for the Tamarind Lift Station.
2. Approve Public Works Department to continue standardizing the Flygt Pumps for the City’s Sewer Lift Stations.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
DISCUSSION:
The Public Works Department is responsible for the operation and maintenance of over 465 miles of sanitary sewer collection system and seven (7) sewer lift stations throughout the city.
The City worked with a consultant to complete the design of the Tamarind Lift Station Rehabilitation Project, and it is almost ready to advertise the project in the summer of 2023. However, the City experienced recent pump failures at Tamarind Lift Station and noticed that some pump parts have become obsolete and cannot be repaired. As a result, the staff recommends purchasing new pumps now to replace the old ones. The Tamarind Lift Station Rehabilitation Project will benefit from purchasing pumps ahead of the project, as we won't have to wait for the pumps.
Xylem Water Solutions is the exclusive supplier of Flygt Pumps, parts, and services for municipal market in the state of California. Public Works implemented standardization for the sewer lift stations infrastructure to provide consistency and cost effectiveness for maintenance operations. The City currently uses these pumps at the Southridge, Barbee, and Locust Pump Stations. It is critical to standardize all future lift stations with these pumps currently being used for compatibility and consistency during maintenance operations. In 2022, Council Approved the system for monitoring the sewer pumps stations utilizing a centralize Supervisory Control and Data Acquisition (SCADA) center.
The SCADA system integrates with the Flygt Pumps that will provide functionality and automation needed to effectively operate the new system.
City of Fontana Page 1 of 2 Printed on 7/20/2023
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File #: 21-2308 Agenda Date: 7/25/2023
Agenda #: D. Category: Consent Calendar
Staff is recommending Flygt Sewer Pumps as the standard equipment for the city’s sewer lift station and to purchase the pumps using the City's Purchasing Policies and Procedures Manual Section
3.1.5 as a Sole Source purchasing method that are unique and are only available from one source.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $137,775.00 plus applicable sales tax and is budgeted in Fund 37104335-703-A.
MOTION:
Approve Staff Recommendation
City of Fontana Page 2 of 2 Printed on 7/20/2023
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June 20, 2023
CITY OF FONTANA
16489 ORANGE WAY
16489 ORANGE WAY
FONTANA CA 92335-7785
Quote # 2023-LAB-0400
Project Name: City of Fontana
Job Name:
Xylem Water Solutions USA, Inc. is pleased to provide a quote for the following Flygt equipment.
A Flygt Preventive Maintenance Contract is available for this order. Please contact XXX for more information.
3171
Qty Part Number Description Unit Price Extended Price
2 444 70 06 CONNECTION,DISCH 5½X6" CI $ 1,540.80 $ 3,081.60 160 14-49 01 03 TS3162 FEET 2"GUIDE RAIL
316SS
$ 61.20 $ 9,792.00
2 613 68 04 BRACKET,GUIDE BAR UPPER 2"
316
$ 281.70 $ 563.40
3 3171.095-YYYY Flygt Model NS-3171.095 6"
volute Submersible pump
equipped with a 460 Volt / 3
phase / 60 Hz 34 HP 1750
RPM motor, 434 impeller, 1 x
50 Ft. length of SUBCAB
4G10+S(2x0,5) submersible
cable, FLS leakage detector,
volute is prepared for Flush
Valve
Modify from NP to NS -
$ 37,521.00 $ 112,563.00
2 14-40 71 29 MINI-CASII/FUS
120/24VAC,24VDC
$ 763.00 $ 1,526.00
2 14-40 70 97 SOCKET,11 PIN OCTAL DIN
MOUNT
$ 76.00 $ 152.00
Xylem Water Solutions USA, Inc.
Flygt Products
11161 Harrel Street
Mira Loma, CA 91752
Tel (951) 332-3668
Fax (951) 332-3679
76
Qty Part Number Description Unit Price Extended Price
80 14-48 71 17 CHAIN 5/16" 316SS SWL2750# $ 23.00 $ 1,840.00 2 14-58 72 09 KIT,CHAIN FITTING 316SS+
FLYGT SWL1250#
$ 86.00 $ 172.00
2 14-58 42 51 BRACKET,INT GB 2 X 6"
316SS+ FOR CI/DI PIPE
$ 558.00 $ 1,116.00
1 HILTI 3/4x10 3688473 HILTI ANCHOR
3/4X10 316SS, 10p
2 HILTIEPOXY EPOXY2234723, 5P
Total Price $ 131,406.00
Freight Charge
$ 6,369.00
Total Price $ 137,775.00
Terms & Conditions
This order is subject to the Standard Terms and Conditions of Sale – Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/termsconditions-of-sale.aspx and incorporated herein by reference and made a part of the agreement between the parties.
Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.
Freight Terms: 3 DAP - Delivered At Place 08 - Jobsite (per IncoTerms 2020) See Freight Payment (Delivery Terms) below.
Taxes: State, local and other applicable taxes are not included in this quotation.
Back Charges: Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of Seller.
Shortages: Xylem will not be responsible for apparent shipment shortages or damages incurred in shipment that are not reported within two weeks from delivery to the jobsite. Damages should be noted on the receiving slip and the truck driver advised of the damages. Please contact our office as soon as possible to report damages or shortages so that replacement items can be shipped and the appropriate claims made.
Terms of Delivery: PP/Add Order Position
Terms of Payment: 100% N45 after invoice date.
Xylem’s payment shall not be dependent upon Purchaser being paid by any third party unless Owner denies payment due to reasons solely attributable to items related to the equipment being provided by FLYGT.
Validity: This Quote is valid for ninety (90) days.
Schedule: Submittals are not applicable. Delivery lead times are XX weeks after order acceptance.
77
Warranty: Xylem Water Solutions USA, Inc.offers a commercial warranty to the original end purchaser against defects in workmanship and material.
Exclusions: This Quote includes only the items listed specified above.
Thank you for the opportunity to provide this quotation. Please contact us if there are any questions.
Sincerely,
Manny Padilla Jr.
Aftermarket Sales
Phone: 562.760.9258
[email protected]
78
Customer Acceptance
This order is subject to the Standard Terms and Conditions of Sale – Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/termsconditions-of-sale.aspx and incorporated herein by reference and made a part of the agreement between the parties.
A signed copy of this Quote is acceptable as a binding contract.
Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.
Quote #: 2023-LAB-0400
Customer Name: CITY OF FONTANA
Job Name:
Total Amount: $ 131,406.00
(excluding freight)
Signature: _______________________________ Name:_______________________________________ (PLEASE PRINT)
Company/Utility:___________________________ PO:_________________________________________ Address:_________________________________ Date:________________________________________ ________________________________________ Phone:_______________________________________ ________________________________________ Email:_______________________________________ ________________________________________ Fax:_________________________________________ Xylem Water Solutions USA, Inc.
Flygt Products
Kyle Scribner
6-22-2023
909-350-6530
Fontana
[email protected]
16489 Sierra Ave Fontana Ca 92335
Public Works Manager
79 Introducing the Xylem
Preventative Maintenance Agreement
Don’t forget to protect your new assets
Thank you for considering Xylem for your pumping equipment needs. We appreciate the significance of your purchase decision and want to ensure you get the most out of your investment. The most cost-effective way to do this is to sign-up for a preventative maintenance agreement (PMA) that we tailor to your specific requirements and budget.
A Xylem PMA offers a proven method to extend your equipment life, prevent expensive repairs and minimize unplanned failures. It’s also ensures you remain in compliance with environmental, health and other government regulations – critical to maximizing operation uptime.
Our Flygt Gold PMA Includes:
• One scheduled preventative maintenance service visit with multi-point inspection, 12 months after purchase and discounted access to Xylem's rental fleet • An additional 12-month warranty when purchased with your new or replacement Flygt pump(s) • The option to renew annually or on a multi-year basis following the first service visit • Priority service on repairs and field service calls
* Flat-Rate Pricing is available for new and replacement Flygt models 3069, 3085, 3102, 3127, 3153, 3171, 3202, 3301 & 3315 starting at $500 per pump.
Multi-year PMA packages are available as well.
Contact your Xylem Sales Representative today for more information.
Visit our PMA site for more info
80 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2312 Agenda Date: 7/25/2023
Agenda #: E. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Police Department Donations Jan-June 2023
RECOMMENDATION:
Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.
DISCUSSION:
The Fontana Police Department received various donations including meals, drinks, snack items, gift cards, gift baskets, clothing, backpacks, autographed sports memorabilia, and monetary donations to charity. Please reference the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various programs.
FISCAL IMPACT:
Increase funds to the following accounts:
· $2,200.00 for Holiday fund, deposited to account #101.3308 · $800.00 for National Night Out, deposited to account #101.3301 · $50.00 for Explorers Program, deposited to account #101.3318 MOTION:
Approve staff recommendation.
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DATE DONOR ITEM APPROX VALUE REASON
1/3/2023 Working Dogs for Warriors Snacks $ 50.00 Community Outreach Program 1/9/2023 Menchie's Frozen Yogurt (Sydney) Frozen yogurt $ 64.00 Appreciation 1/9/2023 VFW-Fontana Misc. food items $ 250.00 Community Outreach Program 1/10/2023 Volunteers for Veterans Foundation Backpacks and snacks $ 200.00 Community Outreach Program 1/18/2023 Fontana Police Foundation Cash $ 500.00 Shop with a Senior Event 1/23/2023 Castilla Family (residents) Dunkin Donuts $ 15.00 Appreciation 1/30/2023 Home Depot Loss Prevention Costco Pizzas $ 50.00 Appreciation 2/2/2023 Autism sensory kits (qty 30) Autism Society Inland Empire $ 300.00 For use when responding to calls
for service or critical incidents
where autism kids & adults are
present
2/3/2023 Joseph's Blessings Donuts $ 102.00 Appreciation 2/12/2023 Volunteers for Veterans Foundation Snacks $ 150.00 Community Outreach Program 2/15/2023 Fontana Police Foundation $1,000 Check $ 1,000.00 Love Our Veterans Event 2/15/2023 Volunteers for Veterans Foundation $500 Check $ 500.00 Love Our Veterans Event 2/15/2023 Armada Tow Gift card $ 300.00 Love Our Veterans Event 2/15/2023 Dodge Jeep Chrysler Dealership $200 Check $ 200.00 Love Our Veterans Event 2/24/2023 Cruz Family (residents) Girl Scout Cookies $ 210.00 Appreciation 2/28/2023 Oriental Trading $25 Gift certificate $ 25.00 National Night Out 3/9/2023 Volunteers for Veterans Foundation Snacks and shoes $ 300.00 Community Outreach Program 3/22/2023 Assisvis Inv $100 Check $ 100.00 National Night Out 3/27/2023 Bullwinkles 4 Fun Card Passes $ 100.00 National Night Out 3/27/2023 Oak Quarry Golf Club 4some Golf 18 holes $ 436.00 National Night Out 3/27/2023 Dunkin Donuts Donuts $ 24.00 Appreciation
4/3/2023 Angels Baseball Signed Autograph Photo $ 100.00 National Night Out 4/5/2023 Pacific Park of Santa Monica Pier 2 Unlimited Ride Wristbands $ 80.00 National Night Out 4/5/2023 Hurrican Harbor 2 one day admission $ 140.00 National Night Out 4/5/2023 Magic Mountain 2 one day tickets $ 240.00 National Night Out 4/7/2023 Office Start Products $200 Check $ 200.00 National Night Out 4/10/2023 Borrego Family (residents) Pizza $ 50.00 Appreciation re: MISSPR case 4/18/2023 Volunteers for Veterans Foundation Misc. food items and 10 backpacks $ 300.00 Community Outreach Program
5/1/2023 Fontana Chamber of Commerce Energy Drinks $ 200.00 Appreciation 5/4/2023 Thank A Vet Multiple boxes of shorts $ 500.00 Community Outreach Program 5/26/2023 Ingold Funeral & Cremation Donuts $ 12.00 Appreciation 6/1/2023 LA Rams Autographed Helmet $ 100.00 National Night Out 6/12/2023 Fontana Water Company $500 Check $ 500.00 National Night Out 6/13/2023 Raising Canes 2 Gift Baskets $ 100.00 National Night Out 6/20/2023 Volunteers for Veterans Foundation Misc. food items, jacket and depends $ 200.00 Community Outreach Program
6/26/2023 Morongo Casino Resort and Spa 1 Night Stay and $100 to Sage Spa
$ 300.00 National Night Out
6/28/2023 Gerald Gant (Citizen) $50 Cash $ 50.00 Explorers Program Total value of donated items $ 4,898.00
Total checks/cash $ 3,050.00
Grand Total $ 7,948.00
DONATION LOG
82 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2313 Agenda Date: 7/25/2023
Agenda #: F. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Measure I Five Year Local Street Capital Improvement Program Amendment and Annual Adoption RECOMMENDATION:
Adopt Resolution No. 2023-056, approving an amendment to the Fiscal Years 2022/2023 - 2026/2027 Measure I Five Year Local Street Capital Improvement Program (CIP) and adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2023/2024 - 2027/2028.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
San Bernardino County Transportation Authority (SBCTA) is responsible for administering the San Bernardino County Measure I Program from which the City of Fontana receives funds for transportation projects.
On July 22, 2022, the City Council adopted by Resolution the Fiscal Years 2022/2023 - 2026/2027 Measure I Five Year Local Street Capital Improvement Program also known as the “five-year look ahead CIP plan” for projects to be funded by the Measure I Valley Local Streets Pass-Through Program. If, during the current fiscal year, the City approves funding for any new projects or amends project, the “five-year look ahead CIP plan” would need to be amended in order to account for expenditures made to the fund prior to the end of the fiscal year (FY 2022/2023).
As program administrator, SBCTA permits local jurisdictions to amend the “five-year look ahead CIP plan” prior to the end of each fiscal year in order to account for expenditures made. Attachment A to the Resolution is the amended project list for FY 2022/2023 - 2026/2027.
In addition to the amendment to the Fiscal Years 2022/2023 - 2026/2027 Measure I Five Year Local Street CIP List, SBCTA requires local jurisdictions to complete an annual update of the five-year program identifying the projects to be funded in the upcoming fiscal year (FY 2023/2024).
Attachment B to the Resolution is the CIP List for Fiscal Years 2023/2024 - 2027/2028 identifying the City of Fontana Page 1 of 2 Printed on 7/19/2023
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File #: 21-2313 Agenda Date: 7/25/2023
Agenda #: F. Category: Consent Calendar
projects which will be funded by the Local Pass-Through program.
FISCAL IMPACT:
Project budgets will be established as each individual project moves forward providing full funding detail. The Measure I Local Pass-Through Program (Exhibit B to the Resolution) funds are received monthly and will fund the projects listed on the Local Street Program.
MOTION:
Approve staff recommendation.
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RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING AN AMENDMENT TO THE FISCAL YEAR 2022/2023-
2026/2027 MEASURE I FIVE YEAR LOCAL STREETS CAPITAL
IMPROVEMENT PROGRAM AND ADOPTING THE MEASURE I FIVE
YEAR LOCAL STREET CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEARS 2023/2024-2027/2028.
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, Expenditure Plans of the Ordinances require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program adopted by resolution of the local jurisdiction, and WHEREAS, local jurisdictions are required to amend the original adopted annual plan to the end of the fiscal year; California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Fontana is $1,901,831.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana hereby adopts the Attachment “A” Measure I Five-Year Capital Improvement Program for Fiscal Years 2022/2023 through 2026/2027 and Attachment “B” Measure I Five-Year Capital Improvement Program for Fiscal Years 2023/2024 through 2027/2028.
APPROVED AND ADOPTED 25th day of July, 2023.
85 Resolution No. 2023-____
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READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, 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 on the 25th day of July, 2023, by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
City Clerk of the City of Fontana
____________________________________
Mayor of the City of Fontana
ATTEST:
____________________________________
City Clerk
86 Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/22 Carryover Balance $19,463,827.58
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $5,489,066 $5,524,526 $5,524,673 $5,571,127 $5,622,442 $27,731,835 Projects:
W Liberty Parkway/Miller TS (0002) No No 0.0% 0.0% $829,884 $144,407 $640,593 $0 $0 $0 $785,000 Fontana SRTS Gap Closure (0003) No Yes 0.0% 0.0% $3,745,000 $108,577 $1,903,511 $0 $0 $0 $2,012,088 Neighborhood Trf Mgmt Loc #1 (0005) No No 0.0% 0.0% $81,900 $81,900 $0 $0 $0 $0 $81,900 Bridlepath at Oxer RRFB Project (0007) No No 0.0% 0.0% $30,000 $1,000 $29,000 $0 $0 $0 $30,000 Speed Hump Project (0009) No No 0.0% 0.0% $200,000 $1,000 $49,000 $50,000 $50,000 $50,000 $200,000 Local Roadway Safety Plan (0012) No No 0.0% 0.0% $96,282 $23,565 $0 $0 $0 $0 $23,565 Baseline/McGuire Flash Yellow Arrow (0013) No No 0.0% 0.0% $14,178 $14,178 $0 $0 $0 $0 $14,178 FYA Installations (0015) No No 0.0% 0.0% $200,000 $65,176 $60,000 $60,000 $0 $0 $185,176 TruckRte/Street Name Sign Instal (0016) No No 0.0% 0.0% $100,000 $4,792 $95,208 $0 $0 $0 $100,000 Santa Ana Landscape:Cypress/Juniper (0017) No No 0.0% 0.0% $700,000 $435,527 $0 $0 $0 $0 $435,527 Victoria Street AC Sidewalk (0018) No No 0.0% 0.0% $360,000 $252 $0 $0 $0 $0 $252 SR-210 at Beech Ave. Traffic Signal (0022) No No 0.0% 0.0% $500,000 $59 $0 $0 $0 $0 $59 Fiber Optic / Heritage Cir & Sierra TS Connectivity (0023) No No 0.0% 0.0% $405,000 $14,130 $390,870 $0 $0 $0 $405,000 Kathy Binks Elem. Sch. SRTS TDA 21 (0024) No Yes 0.0% 0.0% $671,307 $50,367 $460,940 $0 $0 $0 $511,307 Metrolink Quiet Zone (0026) (REMOVED) No No 0.0% 0.0% $0 $0 $0 $0 $0 $0 $0 Citywide Centracs Expansion (0027) No No 0.0% 0.0% $187,000 $1,000 $186,000 $0 $0 $0 $187,000 Citywide PTZ Upgrade (0028) No No 0.0% 0.0% $209,000 $1,000 $208,000 $0 $0 $0 $209,000 Date Elementary School SRTS (ATP) (0029) (ADDITION) No Yes 0.0% 0.0% $249,000 $1,000 $49,000 $0 $0 $0 $50,000 Cherry Ave. and S. Highland Ave. TS (0030) No No 0.0% 0.0% $455,000 $29,986 $425,014 $0 $0 $0 $455,000 Baseline Ave and Palmetto Ave TS (0031) No No 0.0% 0.0% $800,000 $27,144 $100,000 $672,856 $0 $0 $800,000 Summit Ave. Left-Turn Phasing (0032) No No 0.0% 0.0% $76,000 $1,000 $75,000 $0 $0 $0 $76,000 Street Name Sign Replacement (0033) No No 0.0% 0.0% $216,000 $1,000 $215,000 $0 $0 $0 $216,000 Cypress Ave at Summit Ave TS (0038) (ADDITION) No No 0.0% 0.0% $260,000 $1,600 $258,400 $0 $0 $0 $260,000 Citrus Ave.Widening at SR-210 & Highland Ave (0039) (REMOVED) No No 0.0% 0.0% $0 $0 $0 $0 $0 $0 $0 Westgate at Chery and Victoria Ave (0042) (ADDITION) No No 0.0% 0.0% $4,040,000 $615 $139,385 $0 $0 $0 $140,000 Etiwanda Ave TS Video Detect System (0043) (ADDITION) No No 0.0% 0.0% $36,300 $26,877 $0 $0 $0 $0 $26,877 Arrow Blvd TS & Intersect Mod (0044) (REMOVED) No No 0.0% 0.0% $0 $0 $0 $0 $0 $0 $0 Randall Ave Improvements (0048) (ADDITION) No No 0.0% 0.0% $880,000 $65,180 $814,821 $0 $0 $0 $880,000 Heritage RRFBs (0049) No No 0.0% 0.0% $213,718 $140 $0 $0 $0 $0 $140 Mango & Wabash RRFB (0050) (ADDITION) No No 0.0% 0.0% $50,000 $1,000 $49,000 $0 $0 $0 $50,000 Live Oak & Cloverdale RRFB (0051) (ADDITION) No No 0.0% 0.0% $50,000 $1,000 $49,000 $0 $0 $0 $50,000 S.Highland & Juniper Traffic Signal (0052) (ADDITION) No No 0.0% 0.0% $760,000 $349 $759,651 $0 $0 $0 $760,000 Maple Ave Pavement Rehabilitation (0053) (ADDITION) No No 0.0% 0.0% $272,000 $1,000 $271,000 $0 $0 $0 $272,000 Santa Ana & Juniper Ave TS (0054) (ADDITION) No No 0.0% 0.0% $870,000 $350 $50,000 $819,650 $0 $0 $870,000 Valley & Live Oak Recon Curb Return (0057) No No 0.0% 0.0% $285,000 $1,000 $284,000 $0 $0 $0 $285,000 Valley/Almond Traffic Signal (3307) No No 0.0% 0.0% $1,555,460 $1,465,400 $0 $0 $0 $0 $1,465,400 Valley/Oleander Traffic Signal (3310) No No 0.0% 0.0% $1,690,000 $1,678,413 $0 $0 $0 $0 $1,678,413 Sierra/Riverside TS (3329) No No 0.0% 0.0% $1,039,310 $208,113 $831,197 $0 $0 $0 $1,039,310 Alder-Locust-Ramona SRTS (3339) No Yes 0.0% 0.0% $5,406,660 $346,858 $2,413,142 $0 $0 $0 $2,760,000 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Fontana
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Jurisdiction:
William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
87 Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/22 Carryover Balance $19,463,827.58
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $5,489,066 $5,524,526 $5,524,673 $5,571,127 $5,622,442 $27,731,835 Projects:
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Fontana
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Jurisdiction:
William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Cherry/Live Oak Traffic Signal Mod (3341) No No 0.0% 0.0% $1,336,000 $189,363 $1,146,637 $0 $0 $0 $1,336,000 San Sevaine Trail PH I Seg 2 (3345) No No 0.0% 0.0% $11,712,146 $271,834 $452,568 $0 $0 $0 $724,402 Arrow/Tokay TS (3354) No No 0.0% 0.0% $1,512,000 $124,679 $1,387,321 $0 $0 $0 $1,512,000 Citrus/Ceres Traffic Signal (3355) No No 0.0% 0.0% $1,533,000 $828,463 $704,537 $0 $0 $0 $1,533,000 Citrus/Malaga Pedestrian Xing (3356) No No 0.0% 0.0% $100,000 $1,000 $99,000 $0 $0 $0 $100,000 Cypress Ave TS/ Intersection Improvements (3361) No No 0.0% 0.0% $2,400,000 $282,266 $217,734 $0 $0 $0 $500,000 Alder Middle School S/W (3367) No Yes 0.0% 0.0% $1,890,889 $225,142 $757,894 $0 $0 $0 $983,036 Foothill/Alder Curb Ramp (3370) No No 0.0% 0.0% $444,000 $362,378 $0 $0 $0 $0 $362,378 Baseline/Alder TS (3379) (REMOVED) No No 0.0% 0.0% $0 $0 $0 $0 $0 $0 $0 Foothill/Laurel Sidewalk (3380) No No 0.0% 0.0% $50,000 $14,850 $0 $0 $0 $0 $14,850 Mango/So Highland TS (3382) No No 0.0% 0.0% $1,389,000 $288,472 $1,100,528 $0 $0 $0 $1,389,000 FS 78 Citrus/Chase TS (3384) No No 0.0% 0.0% $1,114,032 $125,656 $839,344 $0 $0 $0 $965,000 Arrow/Cypress TS (3386) No No 0.0% 0.0% $1,380,000 $173,350 $1,206,650 $0 $0 $0 $1,380,000 Live Oak /Village Drive TS (F3600074) No No 0.0% 0.0% $750,000 750,000.00 0.00 0.00 0.00 0.00 $750,000 Alder Ave & Marygold Ave TS (F3600071) County is lead. No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Beech/Valley TS (F3600073) No No 0.0% 0.0% $750,000 750,000.00 0.00 0.00 0.00 0.00 $750,000 Randall & Mango TS (F3600075) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 San Bernardino/Oleander TS (F3600076) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Cherry & Banana TS (F3600041) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Randall & Oleander TS (F3600078) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Beech & Walnut TS (F3600077) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Baseline/Tamarind TS (F3600038) No No 0.0% 0.0% $750,000 750,000.00 0.00 0.00 0.00 0.00 $750,000 Catawba/Fontana/Randall TS (F3600047) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Cherry/Village TS (F3600044) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Arrow/Laurel TS (F3600037) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Cherry/Walnut TS (F3600035) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Knox/South Highland TS (F3600045) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Almeria/So Highland TS (F3600046) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Banana/Slover TS (F3600040) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Cypress/Merrill TS (F3600042) No No 0.0% 0.0% $750,000 0.00 750,000.00 0.00 0.00 0.00 $750,000 Juniper/Valencia TS (F3600039) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Mango/San Bernardino TS (F3600043) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Pepper/Randall TS (F3600049) No No 0.0% 0.0% $750,000 0.00 0.00 0.00 750,000.00 0.00 $750,000 Citywide Measure I Traffic Engineering Studies 24636007 No No 0.0% 0.0% $452,600 $90,520 $90,520 $90,520 $90,520 $90,520 $452,600 Citywide Measure I Customer Relations 24636008 No No 0.0% 0.0% $453,600 $90,720 $90,720 $90,720 $90,720 $90,720 $453,600 Citywide Measure I Street Lighting Related 24636009 No No 0.0% 0.0% $818,700 $163,740 $163,740 $163,740 $163,740 $163,740 $818,700 Citywide Measure I Street Striping Related 24636010 No No 0.0% 0.0% $284,700 $56,940 $56,940 $56,940 $56,940 $56,940 $284,700 Measure I 2010-2040 Local Cost Allocation 24636011 No No 0.0% 0.0% $499,500 $99,900 $99,900 $99,900 $99,900 $99,900 $499,500 Measure I 2010-2040 Local Vehicle Maintenance 24636012 No No 0.0% 0.0% $371,700 $74,340 $74,340 $74,340 $74,340 $74,340 $371,700
88 Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/22 Carryover Balance $19,463,827.58
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $5,489,066 $5,524,526 $5,524,673 $5,571,127 $5,622,442 $27,731,835 Projects:
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Fontana
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Jurisdiction:
William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Citywide Measure I Street Related Activities / Traffic Studies 24636013 No No 0.0% 0.0% $670,440 $134,088 $134,088 $134,088 $134,088 $134,088 $670,440 Citywide Measure I System (Traffic Controller Cabs) 24636014 No No 0.0% 0.0% $656,980 $131,396 $131,396 $131,396 $131,396 $131,396 $656,980 Citywide Measure I System (Traffic Controller Equip) 24636015 No No 0.0% 0.0% $424,650 $84,930 $84,930 $84,930 $84,930 $84,930 $424,650 Citywide Measure I System (Traffic Signal Equip) 24636016 No No 0.0% 0.0% $485,175 $97,035 $97,035 $97,035 $97,035 $97,035 $485,175 Citywide Measure I System (Preventative Sig Maint) 24636017 No No 0.0% 0.0% $424,250 $84,850 $84,850 $84,850 $84,850 $84,850 $424,250 Citywide Measure I System (Traffic Signal Maint) 24636018 No No 0.0% 0.0% $479,150 $95,830 $95,830 $95,830 $95,830 $95,830 $479,150 Citywide Measure I Traffic-Related Signage 24636019 No No 0.0% 0.0% $285,210 $57,042 $57,042 $57,042 $57,042 $57,042 $285,210 Citywide Measure I Emergency Reserve Equipment 24636020 No No 0.0% 0.0% $584,935 $116,987 $116,987 $116,987 $116,987 $116,987 $584,935 Citywide Measure I Traffic Signal Maint Support 24636021 No No 0.0% 0.0% $425,700 $85,140 $85,140 $85,140 $85,140 $85,140 $425,700 Citywide Measure I Traffic Signal Installation Support 24636022 No No 0.0% 0.0% $425,700 $85,140 $85,140 $85,140 $85,140 $85,140 $425,700 Citywide Measure I Traffic Signal Communication Support 24636023 No No 0.0% 0.0% $354,150 $70,830 $70,830 $70,830 $70,830 $70,830 $354,150 Citywide Measure I Traffic Signal Modification/Upgrade 24636024 No No 0.0% 0.0% $422,550 $84,510 $84,510 $84,510 $84,510 $84,510 $422,550 Citywide Measure I Traffic Signal Timing Sync 24636025 No No 0.0% 0.0% $450,300 $90,060 $90,060 $90,060 $90,060 $90,060 $450,300 Citywide Measure I Traffic System Improvements 24636026 No No 0.0% 0.0% $582,525 $116,505 $116,505 $116,505 $116,505 $116,505 $582,525 $11,852,911 $24,379,447 $3,513,009 $10,960,503 $1,960,503 $52,666,372 Total Programming is currently 112% Total Estimated Programming: $52,666,372 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
89 Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/23 Carryover Balance $20,462,862.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $5,617,851 $5,750,598 $5,918,510 $6,091,299 $6,269,105 $29,647,363 Projects:
W Liberty Parkway/Miller TS (0002) No No 0.0% 0.0% $685,477 $640,593 $0 $0 $0 $0 $640,593 Fontana SRTS Gap Closure (0003) No Yes 0.0% 0.0% $3,457,862 $1,903,511 $0 $0 $0 $0 $1,903,511 Bridlepath at Oxer RRFB Project (0007) No No 0.0% 0.0% $30,000 $29,000 $0 $0 $0 $0 $29,000 Speed Hump Project (0009) No No 0.0% 0.0% $200,000 $49,000 $50,000 $50,000 $50,000 $0 $199,000 Local Roadway Safety Plan (0012) No No 0.0% 0.0% $7,172 $100 $0 $0 $0 $0 $100 FYA Installations (0015) No No 0.0% 0.0% $134,825 $60,000 $60,000 $0 $0 $0 $120,000 TruckRte/Street Name Sign Instal (0016) No No 0.0% 0.0% $95,208 $95,208 $0 $0 $0 $0 $95,208 Santa Ana Landscape:Cypress/Juniper (0017) No No 0.0% 0.0% $264,474 $1,000 $0 $0 $0 $0 $1,000 Fiber Optic / Heritage Cir & Sierra TS Connectivity (0023) No No 0.0% 0.0% $390,870 $390,870 $0 $0 $0 $0 $390,870 Kathy Binks Elem. Sch. SRTS TDA 21 (0024) No Yes 0.0% 0.0% $596,365 $460,940 $0 $0 $0 $0 $460,940 Citywide Centracs Expansion (0027) No No 0.0% 0.0% $187,000 $186,000 $0 $0 $0 $0 $186,000 Citywide PTZ Upgrade (0028) No No 0.0% 0.0% $209,000 $208,000 $0 $0 $0 $0 $208,000 Date Elementary School SRTS (ATP) (0029) No Yes 0.0% 0.0% $226,887 $49,000 $0 $0 $0 $0 $49,000 Cherry Ave. and S. Highland Ave. TS (0030) No No 0.0% 0.0% $425,014 $425,014 $0 $0 $0 $0 $425,014 Baseline Ave and Palmetto Ave TS (0031) No No 0.0% 0.0% $772,856 $100,000 $672,856 $0 $0 $0 $772,856 Summit Ave. Left-Turn Phasing (0032) No No 0.0% 0.0% $76,000 $75,000 $0 $0 $0 $0 $75,000 Street Name Sign Replacement (0033) No No 0.0% 0.0% $216,000 $215,000 $0 $0 $0 $0 $215,000 Cypress Ave at Summit Ave TS (0038) No No 0.0% 0.0% $258,400 $258,400 $0 $0 $0 $0 $258,400 Westgate at Chery and Victoria Ave (0042) No No 0.0% 0.0% $4,039,385 $139,385 $0 $0 $0 $0 $139,385 Etiwanda Ave TS Video Detect System (0043) No No 0.0% 0.0% $36,300 $1,000 $0 $0 $0 $0 $1,000 Randall Ave Improvements (0048) No No 0.0% 0.0% $814,821 $814,821 $0 $0 $0 $0 $814,821 Mango & Wabash RRFB (0050) No No 0.0% 0.0% $50,000 $49,000 $0 $0 $0 $0 $49,000 Live Oak & Cloverdale RRFB (0051) No No 0.0% 0.0% $50,000 $49,000 $0 $0 $0 $0 $49,000 S.Highland & Juniper Traffic Signal (0052) No No 0.0% 0.0% $759,650 $759,651 $0 $0 $0 $0 $759,651 Maple Ave Pavement Rehabilitation (0053) No No 0.0% 0.0% $272,000 $271,000 $0 $0 $0 $0 $271,000 Santa Ana & Juniper Ave TS (0054) No No 0.0% 0.0% $869,650 $50,000 $819,650 $0 $0 $0 $869,650 Valley & Live Oak Recon Curb Return (0057) No No 0.0% 0.0% $285,000 $284,000 $0 $0 $0 $0 $284,000 TMS Signal Upgrades (0064) No No 0.0% 0.0% $1,331,800 $665,900 $0 $0 $0 $0 $665,900 Valley/Almond Traffic Signal (3307) No No 0.0% 0.0% $1,555,460 $1,000 $0 $0 $0 $0 $1,000 Sierra/Riverside TS (3329) No No 0.0% 0.0% $831,197 $831,197 $0 $0 $0 $0 $831,197 Alder-Locust-Ramona SRTS (3339) No Yes 0.0% 0.0% $4,626,330 $2,413,142 $0 $0 $0 $0 $2,413,142 Cherry/Live Oak Traffic Signal Mod (3341) No No 0.0% 0% $1,146,637 $1,146,637 $0 $0 $0 $0 $1,146,637 San Sevaine Trail PH I Seg 2 (3345) No No 0.0% 0% $10,564,080 $452,568 $0 $0 $0 $0 $452,568 Arrow/Tokay TS (3354) No No 0.0% 0% $1,387,321 $1,387,321 $0 $0 $0 $0 $1,387,321 Citrus/Ceres Traffic Signal (3355) No No 0.0% 0% $704,537 $704,537 $0 $0 $0 $0 $704,537 Citrus/Malaga Pedestrian Xing (3356) No No 0.0% 0% $100,000 $99,000 $0 $0 $0 $0 $99,000 Cypress Ave TS/ Intersection Improvements (3361) No No 0.0% 0% $13,413,531 $217,734 $0 $0 $0 $0 $217,734 Alder Middle School S/W (3367) No Yes 0.0% 0% $1,532,900 $757,894 $0 $0 $0 $0 $757,894 Mango/So Highland TS (3382) No No 0.0% 0% $1,100,528 $1,100,528 $0 $0 $0 $0 $1,100,528 Jurisdiction:
William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
[email protected]
Fontana
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
90 Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
Jurisdiction:
William Castrillon / Resource Budget Officer
(909) 350-7669
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
[email protected]
Fontana
FS 78 Citrus/Chase TS (3384) No No 0.0% 0% $969,493 $839,344 $0 $0 $0 $0 $839,344 Arrow/Cypress TS (3386) No No 0.0% 0% $1,206,650 $1,206,650 $0 $0 $0 $0 $1,206,650 Live Oak /Village Drive TS (F3600074) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Alder Ave & Marygold Ave TS (F3600071) County is lead. No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Beech/Valley TS (F3600073) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Randall & Mango TS (F3600075) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 San Bernardino/Oleander TS (F3600076) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Cherry & Banana TS (F3600041) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Randall & Oleander TS (F3600078) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Beech & Walnut TS (F3600077) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Baseline/Tamarind TS (F3600038) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Catawba/Fontana/Randall TS (F3600047) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Cherry/Village TS (F3600044) No No 0.0% 0% $1,000,000 $0 $0 $1,000,000 $0 $0 $1,000,000 Arrow/Laurel TS (F3600037) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Knox/South Highland TS (F3600045) No No 0.0% 0% $1,000,000 $0 $0 $0 $1,000,000 $0 $1,000,000 Citywide Measure I Traffic Engineering Studies 24637507 No No 0.0% 0% $469,900 $93,980 $93,980 $93,980 $93,980 $93,980 $469,900 Citywide Measure I Customer Relations 24637013 No No 0.0% 0% $484,800 $96,960 $96,960 $96,960 $96,960 $96,960 $484,800 Citywide Measure I Street Lighting Related 24637509 No No 0.0% 0% $476,800 $95,360 $95,360 $95,360 $95,360 $95,360 $476,800 Citywide Measure I Street Striping Related 24637510 No No 0.0% 0% $441,150 $88,230 $88,230 $88,230 $88,230 $88,230 $441,150 Measure I 2010-2040 Local Cost Allocation 24637013 No No 0.0% 0% $484,800 $96,960 $96,960 $96,960 $96,960 $96,960 $484,800 Measure I 2010-2040 Local Vehicle Maintenance 24637512 No No 0.0% 0% $269,900 $53,980 $53,980 $53,980 $53,980 $53,980 $269,900 Citywide Measure I Street Related Activities / Traffic Studies 24637513 No No 0.0% 0% $878,000 $175,600 $175,600 $175,600 $175,600 $175,600 $878,000 Citywide Measure I System (Traffic Controller Cabs) 24637514 No No 0.0% 0% $468,250 $93,650 $93,650 $93,650 $93,650 $93,650 $468,250 Citywide Measure I System (Traffic Controller Equip) 24637515 No No 0.0% 0% $408,150 $81,630 $81,630 $81,630 $81,630 $81,630 $408,150 Citywide Measure I System (Traffic Signal Equip) 24637516 No No 0.0% 0% $450,000 $90,000 $90,000 $90,000 $90,000 $90,000 $450,000 Citywide Measure I System (Preventative Sig Maint) 24637517 No No 0.0% 0% $427,050 $85,410 $85,410 $85,410 $85,410 $85,410 $427,050 Citywide Measure I System (Traffic Signal Maint) 24637518 No No 0.0% 0% $484,650 $96,930 $96,930 $96,930 $96,930 $96,930 $484,650 Citywide Measure I Traffic-Related Signage 24637519 No No 0.0% 0% $299,650 $59,930 $59,930 $59,930 $59,930 $59,930 $299,650 Citywide Measure I Emergency Reserve Equipment 24637520 No No 0.0% 0% $567,050 $113,410 $113,410 $113,410 $113,410 $113,410 $567,050 Citywide Measure I Traffic Signal Maint Support 24637521 No No 0.0% 0% $450,250 $90,050 $90,050 $90,050 $90,050 $90,050 $450,250 Citywide Measure I Traffic Signal Installation Support 24637522 No No 0.0% 0% $450,250 $90,050 $90,050 $90,050 $90,050 $90,050 $450,250 Citywide Measure I Traffic Signal Communication Support 24637523 No No 0.0% 0% $368,050 $73,610 $73,610 $73,610 $73,610 $73,610 $368,050 Citywide Measure I Traffic Signal Modification/Upgrade 24637424 No No 0.0% 0% $451,300 $90,260 $90,260 $90,260 $90,260 $90,260 $451,300 Citywide Measure I Traffic Signal Timing Sync 24637425 No No 0.0% 0% $474,800 $94,960 $94,960 $94,960 $94,960 $94,960 $474,800 Citywide Measure I Traffic System Improvements 24637426 No No 0.0% 0% $189,850 $37,970 $37,970 $37,970 $37,970 $37,970 $189,850 $21,186,874 $3,401,436 $10,848,930 $5,848,930 $1,798,930 $43,085,100 Total Programming is currently 86% Total Estimated Programming: $43,085,100 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
91 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2321 Agenda Date: 7/25/2023
Agenda #: G. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Police Department Monthly Information Update
RECOMMENDATION:
Accept the Police Department monthly information update for June 2023.
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
DISCUSSION:
The June 2023 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.
FISCAL IMPACT:
There is no fiscal impact.
MOTION:
Approve staff recommendation.
City of Fontana Page 1 of 1 Printed on 7/19/2023
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POLICE DEPARTMENT
MONTHLY REPORT
June 2023
93 NOTEWORTHY EVENTS
• Rapid Response Team conducted several operations leading to arrest of multiple people involved in the sales of illegal fireworks.
• Fontana Police Department Foundation awarded 6 scholastic scholarships to FUSD students. • Fontana Police participated in the annual Special Olympics Torch Run. • Fontana Police personnel responded to a runaway vehicle that had lost brakes and were able to stop the vehicle preventing injury to anybody.
• The Air Unit was able to locate two lost hikers in the Jurupa Hills and bring them to safety. • Officers conducted “Playdate with the Police” at Central Park. • Fontana Detectives investigated a kidnapping of a 5-year juvenile and was able to locate the suspect and child before the child was harmed.
• ICAC arrested numerous individuals for child pornography. • RRT and Gangs arrested numerous individuals for illegal weapon and narcotics possession. 94 95
CITYWIDE
• Priority 1 response time- 4:14 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety) • Calls for service- 11,102
• Total Traffic Accidents- 224
• Non-Injury- 160, Injury - 64
• Total arrests- 503
• Hispanic- 343, White- 63 , Black- 79, All others races- 14 • Total Group A Offenses- 681
• Crimes Against Persons- 157
• Crimes Against Property- 344
• Crimes Against Society- 180
96 • Crimes Against Person
- 157 CITYWIDE
• Homicide-0
• Sex Offenses- 11
• Assault- 142
• Kidnapping-4
• Other-0
• Crimes Against Property- 344
• Robbery- 16
• Burglary- 27
• Larceny- 163
• Destruction of Property- 17
• Fraud- 28
• Possession of Stolen Property- 30
• Motor Vehicle Theft- 46
• Other Miscellaneous Property Crimes- 17
• Crimes Against Society- 180
• Drug and Paraphernalia Possession- 139
• Possession of Child Pornography-7
• Possession of Weapons- 34
• Other Miscellaneous Crimes-0 97
CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
98 BEAT 1
AREA COMMANDER IS LIEUTENANT KELLEN GUTHRIE
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 76
• Crimes Against Persons- 16
• Crimes Against Property- 56
• Crimes Against Society- 4
99 BEAT 2
AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 119
• Crimes Against Persons- 40
• Crimes Against Property- 68
• Crimes Against Society- 11
100
BEAT 3
AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 325
• Crimes Against Persons- 80
• Crimes Against Property- 134
• Crimes Against Society- 111
101
Beat 4
AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 121
• Crimes Against Persons- 21
• Crimes Against Property- 83
• Crimes Against Society- 17
102
ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 103
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2327 Agenda Date: 7/25/2023
Agenda #: H. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Fontana Art Association General Cooperative Operating Agreement RECOMMENDATION:
1. Approve a one-year extension of the Art Association General Cooperative Operating Agreement between the Fontana Art Association (FAA) and the City of Fontana to operate the Koehler Gallery and provide cultural arts opportunities.
2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.
COUNCIL GOALS:
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
DISCUSSION:
The Fontana Art Association (FAA) provides a cultural arts resource for the City of Fontana which allows the community to appreciate and engage in the cultural arts while enhancing their quality of life. The FAA operates the Koehler Gallery, located at 8536 Sierra Avenue. The Koehler Gallery is a place where the arts can be experienced and explored by all community members.
The Community Services Department’s recent Operating Agreement with the FAA expired June 30, 2023. Staff is recommending a one-year extension to enable the City and the FAA to develop a sustainable strategic plan and forthcoming agreement which mutually supports community cultural arts opportunities and the downtown revitalization plan. The Agreement extension with the City will allow for the FAA to maintain and operate the Koehler Gallery along with providing program opportunities through City funding assistance to support facility utility costs as well as program equipment and supplies.
The City in partnership with the FAA strives to enrich the community’s quality of life with expanded art opportunities through art exhibits, receptions, and classes. The partnership outlined in the Agreement will assist both agencies in providing enhanced cultural art services to the community.
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File #: 21-2327 Agenda Date: 7/25/2023
Agenda #: H. Category: Consent Calendar
FISCAL IMPACT:
A budget in the amount of $14,330 is included in the Adopted Fiscal Year 2023-2024 operating budget in ORG 10124141 for annual operating costs related to the Fontana Art Association.
MOTION:
Approve a one-year extension of the Art Association General Cooperative Operating Agreement between the Fontana Art Association (FAA) and the City of Fontana to operate the Koehler Gallery and provide cultural arts opportunities and allow time to develop a sustainable strategic plan.
City of Fontana Page 2 of 2 Printed on 7/20/2023
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1 GENERAL COOPERATIVE PROGRAMMING AGREEMENT
Between
CITY OF FONTANA and FONTANA ART ASSOCIATION
Tracking Number MS-xxx-CS-23
This Agreement (“Agreement”) is made and entered into this 25_ day of July by and between the City of Fontana, a municipal corporation, hereinafter referred to as the “CITY” and the Fontana Art Association, a non-profit organization, hereinafter referred to as the “ASSOCIATION”. The CITY and the ASSOCIATION are sometimes referred to in this Agreement, each individually, as a “Party”, or collectively, as the “Parties”.
WHEREAS, the parties hereto desire to make available to the people within the City of Fontana the cultural art programs, classes, event, services and facilities of the CITY in an economical and efficient manner; and
WHEREAS, the parties hereto agree that sound cultural art planning and programming are enhanced by cooperation between the CITY and the ASSOCIATION; NOW THEREFORE, the parties hereto agree as follows:
1. The Program: The cultural art programs, classes, events, and services (collectively, the “Joint Program”) established pursuant hereto shall be coordinated jointly by the Community Services Department of the CITY and the Board of the ASSOCIATION.
2. The Term:
A. The term of this Agreement shall commence as of July 25, 2023 (“Commencement Date”), except as to any submission obligations for which an earlier date is herein specified and shall continue for a period of one (1) year unless earlier terminated as provided herein (“Term”).
B. An “Operating Year” shall be each 12-month period commencing on the Commencement Date.
C. Renewal Terms: ASSOCIATION and CITY may renew the Term of this Agreement for up to two (2) additional one (2) year periods upon providing notice of renewal to ASSOCIATION. The Parties shall act in good faith to determine mutually agreeable terms 90 days prior to Agreement commencement date or renewal commencement date to maintain and promote the successful operation of the Facility.
3. Termination: This Agreement may be terminated by either party by providing 90 days written notice to the other party.
A. Upon termination or expiration of this Agreement, the obligations of the Parties shall cease except for such liability or obligations deemed necessary for the Joint Program that accrued or were to be performed prior to such termination or expiration. These include Joint Program instructor contracts, instructor payments and utilities.
106
2 4. Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing, approved by the City Manager or designee of the CITY and the Board of the ASSOCIATION, and signed by both parties.
A. The CITY and ASSOCIATION shall provide Agreement supplement, modification, or amendment requests by providing 90 days written notice to the other party.
5. Budget: Budget funds are to be evaluated by CITY and are subject to annual budgetary appropriation by the City Council of the CITY. The CITY has the right to adjust support funding as necessary based upon fund availability, community interest and needs.
6. Mutual Responsibilities:
A. Approval of the Joint Program between the CITY and the ASSOCIATION shall be by mutual agreement of the CITY and ASSOCIATION.
B. The CITY and ASSOCIATION shall each be responsible for the ongoing maintenance and upkeep of their respective facilities used for the Joint Program.
7. Responsibility of the CITY: The responsibility of the CITY shall be as follows:
A. Bear the financial cost of community services, recreation, and cultural programs which are established by the CITY as part of the Joint Program, subject to annual budgetary appropriation by the City Council of the CITY. All equipment and furniture purchased as a part of the Joint Program shall remain property of the City of Fontana.
i. Authorized purchases shall consist of items for enhancement of joint cultural programs. Purchase examples could include marketing efforts, promotional material and general gallery support items to include but not limited to the following: Walker hanging items, printing of Joint Program materials and gallery name plaques. Items purchased shall not include any technology or electronic items.
ii. All purchases specific to associated Joint Program activities related to the Joint Program require prior approval from the CITY. Requests must be submitted in writing to the CITY through the Pre-Authorization form.
The CITY will authorize requests based on community interests and available funding.
iii. Review quarterly inventory statements of the ASSOCIATION reflecting CITY purchased equipment and supplies.
B. Review monthly performance evaluations submitted by ASSOCIATION to determine if responsibilities of the ASSOCIATION are met as outlined in Agreement.
107
3 C. Directly pay utility bills for the ASSOCIATION studio and gallery (located at 8536 Sierra Ave, “Facility”) used for Joint Program activities until the termination of the Agreement or at such time the ASSOCIATION can pay utility costs, whichever comes first, subject to the annual budgetary appropriation by the City Council of the CITY, prior approval of the City Manager of the CITY or his designee.
D. Make available for educational purposes on a second priority basis, CITY Art Depot Gallery (located at 16822 Spring Street, “Art Depot Gallery”) to the ASSOCIATION at such times when it is not required for city purposes and to maintain the Art Depot Gallery properly and safely. Availability is to be determined by the City Manager of the CITY or his designee.
E. No fees shall be charged to the ASSOCIATION for use of CITY recreation facilities where CITY facilities are open for normal operating hours and additional CITY supervision is not required.
F. Repair, cause to be repaired, or reimburse the ASSOCIATION for the cost of repairing damage to the Facility during period of use by the CITY, except where such damage may be attributed to ordinary or reasonable use of the Facility.
G. Enter into Independent Contractor Agreement for Joint Program instructors (“Independent Contractor”) with individuals selected by the ASSOCIATION and approved by the CITY.
H. The CITY shall collect all fees associated with Joint Programs offered at Facility.
I. Upon successful completion of each Joint Program related to the Joint Program Agreement conducted at the Facility, pay 70 percent of all fees collected for said program directly to the Independent Contractor responsible for the instruction of the Joint Program and 20 percent to the ASSOCIATION and 10 percent to remain with the CITY as outlined in the individual Independent Contractor Agreement(s), subject to the annual budgetary appropriation of the City Council of the CITY, and not to exceed total revenue generated from Joint Program to reflect the Joint Program Agreement annually without prior approval of the City Manager of the CITY or his designee.
J. CITY will, when possible, reserve the Facility at least 30 days in advance of the scheduled use.
K. Cooperate with the ASSOCIATION in the distribution of informational materials about ASSOCIATION programs.
L. Designate the Art Depot Gallery as the alternate program site for persons with disabilities that cannot be accommodated by the Facility. 108
4 M. Audit financial statements of the ASSOCIATION as needed to determine whether the ASSOCIATION can pay utility bills related to the Facility.
Determination of the ASSOCIATION’s ability to bear the financial responsibility for the utilities of the Facility will be based upon revenues exceeding liabilities in an amount equal to or greater than actual monthly utility cost.
8. Responsibility of the ASSOCIATION: The responsibility of the ASSOCIATION shall be as follows:
A. Provide the CITY Pre-Authorization form purchase requests 15 calendar days prior to purchase need by date for CITY review. Authorized purchases are subject to the annual budgetary appropriation by the City Council of the CITY.
All Pre-Authorization requests are required to be approved by the CITY prior to purchase.
i. The CITY will review Pre-Authorization requests based on community interest and available funding.
a. CITY will fulfill pre-authorized purchase requests for administration and supply costs specific to associated Joint Program activities related to the Joint Program Agreement, subject to the annual budgetary appropriation by the City Council of the CITY.
i. Authorized purchases are limited to items geared
towards the enhancement of joint cultural programs.
Purchase examples could include marketing efforts,
promotional material and gallery support items. General support items include but not limited to the following:
Walker hanging items, printing of Joint Program
materials, gallery name plaques.
ii. Provide the CITY with quarterly inventory statements of the ASSOCIATION reflecting CITY purchased equipment and supplies.
B. Provide the CITY with quarterly financial statements of the ASSOCIATION reflecting current revenues and liabilities.
C. Provide the CITY with a monthly written performance evaluation summarizing activities and programs offered the previous calendar month.
D. Offer enough joint classes related to the Joint Program to result in revenue of no less than $5,000 per fiscal year required annually with a 5% increase per succeeding year of the Joint Program Agreement. 109
5 E. Operate and supervise facility during all scheduled joint classes as well as during publicized events. Hours will vary with a minimum number of open public hours being 12 hours per week. ASSOCIATION is required to continue to seek new and creative art opportunities with the intent of expanding regular operational hours.
F. Make available for organized cultural art programming purpose on a second priority basis, the Facility to CITY at times it is not required for ASSOCIATION purposes and maintain such facilities properly and safely. Availability is to be determined by the ASSOCIATION Programming Board Chair (or designee) and approved by the Board of the ASSOCIATION.
G. No fees shall be charged to the CITY for use of the Facility where Facility is open during normal operating hours and additional ASSOCIATION supervision is not required. Modification of operating hours to support Joint Program permissible upon agreement between CITY and ASSOCIATION.
H. Cooperate with the CITY in the distribution of informational materials about community services, recreation, and cultural programs.
I. Repair, cause to be repaired, or reimburse the CITY for the cost of repairing damage to the Facility during period of use by the ASSOCIATION, except where such damage may be attributed to ordinary or reasonable use of the Facility.
J. ASSOCIATION will, when possible, reserve CITY facilities at least 30 days in advance of its scheduled use.
9. Liability: Except for liability occurring as a result of acts or omissions of the ASSOCIATION, and insofar as it is legally authorized, the CITY shall indemnify, defend, and hold harmless and free from liability the ASSOCIATION and any of its officers, agents, volunteers, or employees from all damages, costs or expenses which may arise by reason of liability imposed by law because of damage to property or injury to or death of persons received or suffered by reason of use of facilities and appurtenances owned by and under control of the CITY pursuant to this Agreement. Except for liability occurring as a result of acts or omissions of the CITY, and insofar as it is legally authorized, the ASSOCIATION shall indemnify, defend and hold harmless and free from liability the CITY and any of its officers, officials, directors, agents and employees from all damages, costs, or expenses which may arise by reason of liability imposed by law because of damage to property or injury to or death of persons received or suffered by reason of use of facilities and appurtenances owned by and under control of the ASSOCIATION pursuant to this Agreement.
110
6 10. Day(s): All references in this Agreement to “days” shall mean one calendar day.
11. Performance Evaluation: All references in this Agreement to “performance evaluation” shall mean a monthly summary of concluded activities and attendance during activities at the Facility related to the Joint Program.
12. Utilities: All references in this Agreement to “utility” or “utilities” shall mean gas, electricity, water, trash, and sewer.
13. Classes: All references in this Agreement to “class” or “classes” shall mean programs offered for the public registration held at times and dates consistent with CITY Independent Contractor policies. As used here, “CITY Independent Contractor Policies” shall mean and refers to the CITY Independent Contractor Policy, attached hereto as Exhibit “A”, and incorporated by reference.
14. Activities: All references in this Agreement to “activity” or “activities” shall mean cultural art programs, classes, events, and services that take place as part of the Joint Program.
15. Monthly: All references in this Agreement to “monthly” shall mean due on the 15th day of each calendar month with the first quarter to conclude 15 days from the commencement of this Agreement.
16. Quarterly: All references in this Agreement to “quarterly” shall mean every three calendar months with the first quarter to conclude three months from the commencement of this Agreement.
17. Fiscal Year: All references in this Agreement to “fiscal year” shall mean the budgetary fiscal year adopted by the CITY (July 1 through June 30).
18. Hours of Operation: All references to “hours of operation” shall mean the hours adopted by the ASSOCIATION the Facility is open for business, attached hereto Exhibit “B”, and incorporated by reference. These hours shall be posted clearly in the front window or on the entrance door to the Facility. If an hours of operation change is necessary, the ASSOCIATION is to provide written notice 30 days prior to the CITY for approval.
19. Attorney’s Fees and Costs: If any legal actions or other proceedings is brought for the enforcement of this Agreement or because of a dispute or an alleged breach, default or misinterpretation in connection with any provisions of the Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding in addition to any other relief to which may be entitled and agreed to by a court of reasonable jurisdiction.
IN WITNESS THEREOF, the parties have hereto affixed their names by their respective offices thereunto duly authorized.
111
7 CITY OF FONTANA FONTANA ART ASSOCIATION
A municipal corporation, A non-profit organization,
________________________ __________________________
Matthew C. Ballantyne Rebecca Peck
City Manager President; Fontana Art Association
Exhibit “A”
City of Fontana Community Services Department
112
8 Independent Contract Instructor Policy
[Attached]
Exhibit “B”
Exhibition Hours of Operation
113
9 Hours are subject to change depending on exhibits, classes and community needs and interest.
Monday Closed
Tuesday Closed
Wednesday 1:00pm – 5:00pm
Thursday 1:00pm – 5:00pm
Friday 1:00pm – 5:00pm
Saturday 11:00am – 3:00pm
Sunday Closed
114
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2324 Agenda Date: 7/25/2023
Agenda #: I. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities Districts (Maintenance) for Fiscal Year 2023-2024.
RECOMMENDATION:
Adopt Resolution No. 2023-057, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2023-2024.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.
DISCUSSION:
Community Facilities Districts (maintenance) in various locations around the City were established for the purpose of funding annual landscape, lighting, and park maintenance within each District.
Pursuant to Government Code Section 53340, Ordinances have been adopted to levy a special tax at the rate and in the manner specified in each district Rate and Method of Apportionment. Each district Rate and Method of Apportionment has been approved and adopted by the City Council.
The proposed Fiscal Year 2023-2024 special tax rates are shown for each district in the Exhibit attached to the resolution. The proposed rates are the same rates assessed in the prior fiscal year with the exception of the following districts:
2022-2023 Current
Residential Rate
2023-2024
Proposed
Residential Rate
$ Increase % Increase
CFD # 2 Police Services $14.25 $14.53 $0.28 2%
CFD #13M $482.90 $507.04 $24.14 5%
CFD #35M $804.30 $820.38 $16.08 2%
The special tax levied on each assessable parcel within each District is necessary to pay the costs and expenses of each District. A list of each parcel and the related specific tax for each parcel is available for viewing in the City Clerk's Office.
The Districts were established after the adoption of Proposition 218, and comply with its requirements because the Districts and the special taxes were approved by the consent of the City of Fontana Page 1 of 2 Printed on 7/20/2023
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File #: 21-2324 Agenda Date: 7/25/2023
Agenda #: I. Category: Consent Calendar
property owners at the time each District was formed.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 special tax rates will generate approximately $5.4 million to fund annual landscape and lighting maintenance costs within each District.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 7/20/2023
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL YEAR 2023-2024.
WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of special taxes in the community facilities districts identified on Exhibit “A”, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, the City Council, by ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of special taxes to pay for the maintenance of authorized improvements and facilities and other costs and expenses related to said community facilities districts, and the City Council desires to establish the specific rate of the special taxes to be levied and collected with the community facilities districts identified on Exhibit “A” for Fiscal Year 2023-2024.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:
SECTION 1. That the above recitals are all true and correct and that all legal prerequisites to the adoption of this Resolution have been duly and regularly taken.
SECTION 2. The specific rate and amount of the special tax to be collected for Fiscal Year 2023-2024 for the community facilities districts identified in Exhibit “A” is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference. Said special taxes shall be and are hereby levied for Fiscal Year 2023-2024 on all parcels of real property that are subject to taxation within each community facilities district identified on Exhibit “A” and in the amount set forth for each such parcel on file with the City Clerk.
SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
SECTION 4. The proceeds of the Special Tax shall be used to pay the costs of maintenance of authorized facilities and improvements for each community facilities district and for payment of administrative expenses incurred in connection with the levy and collection of said Special Taxes.
117
Resolution No. 2023-
SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.
SECTION 6. All monies above collected shall be paid into the designated fund for each community facilities district.
SECTION 7. The City Clerk is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the Special Tax as set forth in the documents on file with the City Clerk.
SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
APPROVED AND ADOPTED this 25th day of July, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25th day of July, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
118
Type & Number # parcels Rates Total Type & Number # parcels Rates Total CFD # 2* 3724 14.53 $ 81,821.88 CFD # 51M 107 615.00 65,805.00 CFD # 6 963 429.00 413,127.00 CFD # 53M 16 551.00 8,816.00 CFD # 6-1 401 459.10 184,099.10 CFD # 54M 39 640.00 24,960.00 CFD # 6-2 183 498.00 91,134.00 CFD # 55M 9 790.00 7,110.00 CFD # 6-3a 477 480.00 228,960.00 CFD # 56M 62 280.00 26,040.00 CFD # 8 275 262.14 72,088.50 CFD # 57M 17 880.00 14,960.00 CFD # 9M 377 various 163,183.10 CFD # 58M 14 315.00 4,410.00 CFD # 10M 10 various 37,606.25 CFD # 59M 1 400.00 2,400.00 CFD # 13M* 933 various 493,178.99 CFD # 60M 16 785.00 12,560.00 CFD # 14M 790 various 423,973.50 CFD # 61M 78 603.00 54,270.00 CFD # 15M 739 396.90 293,309.10 CFD # 62M 8 697.00 5,576.00 CFD # 16M 101 425.00 42,925.00 CFD # 63M 95 575.00 54,625.00 CFD # 18M 16 425.50 6,808.00 CFD # 64M 1 615.00 4,920.00 CFD # 20M 64 525.00 33,600.00 CFD # 65M 33 600.00 19,800.00 CFD # 21M 74 536.00 39,664.00 CFD # 67M 74 570.00 42,180.00 CFD # 23M 26 285.00 7,410.00 CFD # 68M 38 645.00 24,510.00 CFD # 24M 102 437.00 44,574.00 CFD # 69M 332 495.00 164,340.00 CFD # 25M 175 465.00 81,375.00 CFD # 72M 19 565.00 10,735.00 CFD # 27M 85 687.23 58,414.55 CFD # 73M 117 560.00 65,520.00 CFD # 28M 355 407.00 144,485.00 CFD # 75M 27 530.00 14,310.00 CFD # 29M 57 463.10 26,396.70 CFD # 76M 53 630.00 33,390.00 CFD # 30M 485 482.00 233,770.00 CFD # 77M 20 645.00 12,900.00 CFD # 32M 50 356.00 17,800.00 CFD # 78M 205 355.00 69,775.00 CFD # 33M 37 156.00 41,216.80 CFD # 79M 1 N/A 21,500.00 CFD # 34M 168 various 21,135.12 CFD # 82M 110 260.00 28,600.00 CFD # 35M* 649 820.38 532,426.62 CFD # 83M 96 645.00 61,920.00 CFD # 36M 62 355.00 22,010.00 CFD # 84M 30 650.00 19,500.00 CFD # 38M 363 485.00 176,055.00 CFD # 91M 8 760.00 6,080.00 CFD # 39M 48 445.00 21,360.00 CFD # 92M 19 880.00 16,720.00 CFD # 40M 27 390.00 10,530.00 CFD # 93M 15 750.00 11,250.00 CFD # 41M 22 685.00 15,070.00 CFD # 94M 6 350.00 2,100.00 CFD # 42M 88 495.00 43,560.00 CFD # 96M 11 1,010.00 11,110.00 CFD # 44M 18 495.00 8,910.00 CFD # 97M 13 400.00 5,200.00 CFD # 45M 168 595.00 99,960.00 CFD # 98M 9 670.00 6,030.00 CFD # 46M 70 692.00 48,440.00 CFD # 101M 12 655.00 7,860.00 CFD # 47M 17 674.00 11,458.00 CFD # 102M 6 835.00 5,010.00 CFD # 48M 90 820.00 73,800.00 CFD # 103M 5 880.00 4,400.00 CFD # 49M 17 750.00 12,750.00 CFD # 104M 13 1,060.00 13,780.00 CFD # 50M 96 370.00 35,520.00 CFD # 105M 96 481.00 46,176.00 CFD # 110M** 18 968.00 17,424.00
Totals 14,251 5,422,477.21
*2023-2024 rate for this district has been increased as allowed in the Rate and Method of Apportionment. **First year of special tax levy.
Exhibit A
CITY OF FONTANA
Special Assessments Maintenance Districts
Fiscal Year 2023-2024
119
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2328 Agenda Date: 7/25/2023
Agenda #: J. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2023-2024.
RECOMMENDATION:
Adopt Resolution No. 2023-058, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2023-2024.
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
Community Facilities District No. 7 (Country Club Estates) was established by Resolution No. 98-08 on January 20, 1998, to finance public facilities and to pay annual landscape and lighting maintenance costs within the District. On February 25, 1998, the District issued $4 million in Special Tax Bonds to finance certain public improvements within the District. The bonds were refunded in 2005 and again in 2021 to take advantage of interest rate savings.
Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1235 approved and adopted by the City Council on February 3, 1998.
The special tax levied on each assessable parcel within the District is necessary to pay principal and interest on the outstanding bonded indebtedness and authorized administrative expenses (Special Tax A); and the annual landscape and lighting maintenance costs of the District (Special Tax B).
The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments, and administration costs (Exhibit A, Schedule 1).
The proposed Fiscal Year 2023-2024 special tax rates (Special Tax A and Special Tax B) are outlined in Exhibit A, Schedule 2.
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File #: 21-2328 Agenda Date: 7/25/2023
Agenda #: J. Category: Consent Calendar
A comparison of the total special tax levy and rates (A and B) for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 is outlined in Exhibit A, Schedule 3.
The proposed special tax rates for Fiscal Year 2023-2024 were developed according to the Rate and Method of Apportionment (Exhibit B). Special tax rates A (bond) are the same as prior year and special tax rate B (maintenance) will remain the same as the prior year.
The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 special tax rates are the same as the prior year and will generate approximately $380,155; $268,159 for debt service expenses and $111,996 for landscape and lighting maintenance costs.
MOTION:
Approve staff recommendation.
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 7 (COUNTRY CLUB
ESTATES) FOR FISCAL YEAR 2023-2024.
WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 7; and
WHEREAS, on February 25, 1998, Community Facilities District No. 7 (Country Club Estates) Special Tax Bonds were issued to finance certain public improvements within the district; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desire to establish the specific rate of the special tax to be collected for Fiscal Year 2023-2024.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023-2024 for the referenced District is hereby determined and established as set forth in Exhibit “B” attached hereto and incorporated herein by reference provided, however, that the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “B” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.
SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
122
Resolution No. 2023-
SECTION 4. The proceeds of Special Tax A shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.
The basis for the determination of Special Tax A needed for the 2023-2024 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
SECTION 5. The proceeds of Special Tax B shall be used to pay the costs of park, parkways and open space maintenance of the District and for the payment of administrative expenses incurred in connection with the levy and collection of said Special Tax B.
SECTION 6. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.
SECTION 7. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.
SECTION 8. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “B” or as adjusted pursuant to the provisions of Section 2 above.
SECTION 9. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 123
Resolution No. 2023-
APPROVED AND ADOPTED this 25
th day of July 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th day of July 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
124
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2023-2024
Principal Payment 09/2023 $ 190,000 Bond Service Funds Available $ 222,616 Interest Payment 09/2023 25,400 Proposed Special Tax Levy 268,159 Interest Payment 03/2024 21,600 Allowance for Delinquencies (8,045) Principal Payment 09/2024 200,000
Interest Payment 09/2024 21,600
Administration Costs 24,130
Total Costs $ 482,730 Available Funds $ 482,730
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2023-2024
(Special Tax A and Special Tax B)
Total Special
Residential Lot Size Special Tax A Special Tax B Tax Rate Small (less than 7,200 sq ft) $ 667.23 $ 306.00 $ 973.23 Medium (7,200 to 9,999 sq ft) 765.60 306.00 1,071.60
Large (10,000 sq ft or larger) 864.73 306.00 1,170.73
Total Proposed Levy $ 268,158.73 $ 111,996.00 $ 380,154.73 Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years (Special Tax A and Special Tax B)
Tax Classification
(Land Use) Special Tax Rate Special Tax Rate
Small (less than 7,200 sq ft) $ 181,994 $ 973.23 $ 181,994 $ 973.23 0% Medium (7,200 to 9,999 sq ft) 123,234 1,071.60 123,234 1,071.60 0% Large (10,000 sq ft or larger) 74,927 1,170.73 74,927 1,170.73 0% $ 380,155 $ 380,155
Exhibit "A"
City of Fontana
Community Facilities District No. 7
Country Club Estates Tr. 13332
FY 2022 - 2023 FY 2023 - 2024 Percent Rate
Change
125
B-1
EXHIBIT “B”
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 7
(COUNTRY CLUB ESTATES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division) The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.
A Special Tax shall be levied on and collected in City of Fontana Community Facilities District No. 7 (Country Club Estates) (“CFD No. 7”) each Fiscal Year in an amount determined by the City Council of the City of Fontana through the application of the provisions described herein. All of the real property in CFD No. 7, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
The rate and method of apportionment of the special tax for 2023-2024 shall be as follows.
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Taxing Classification Unit FY 2023-2024 FY 2023-2024 FY 2023-2024 Small (less than 7,200 sq ft) Unit $875.00 $667.23 $124,772 Medium (7,200 sq ft to 9,999 sq ft) Unit 1,004.00 765.60 88,044 Large (10,000 sq ft or larger) Unit 1,134.00 864.73 55,343 $268,159
The Levy of Special Tax A
1. Assignment to Land Use Classes
Each Fiscal Year, each Parcel shall be classified as Public Property or Taxable Property. Each parcel of Taxable Property shall be classified as Large Lot, Medium Lot, or Small Lot. The classification of Parcels each Fiscal Year shall be made based on the status of each Parcel as of January 1 of the previous Fiscal Year.
126
B-2
2. The Special Tax Requirement
The Special Tax Requirement for any Fiscal Year shall be an amount equal to (A) the sum of the following: (1) debt service and other periodic costs (including deposits to any sinking funds) on the Bonds due in the calendar year commencing in such Fiscal Year, (2) Administration Expenses to be incurred in the Fiscal Year or incurred in any previous Fiscal Year and not paid by CFD No. 7, (3) any amount required to replenish any reserve fund established for any Bonds, (4) an amount equal to the estimated delinquencies expected in the payment of Special Tax A for the Fiscal Year, and (5) the costs of remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund for any Bonds in lieu of cash), minus (B) any credit pursuant to the indenture, such as investment earnings on account balances.
3. Levy of Special Tax A
Commencing with the 1998-99 Fiscal year and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for the applicable Fiscal Year and shall levy Special Tax A proportionately on each Parcel of Taxable Property up to the Maximum Annual Special Tax A for each Parcel until the aggregate amount of the levy equals the Special Tax Requirement for such Fiscal Year.
Pursuant to Section 53321 of the Act, under no circumstances shall the Special Tax A levied against any Parcel be increased by more than ten percent as a consequence of a delinquency or default in the payment of Special Tax A by the owner of any other Parcel. An increase of ten percent or more shall be determined by comparison of the levy of Special Tax A to the levy if there were no delinquencies or defaults.
Termination of Special Tax A
Except for any delinquencies in Special Tax A and related penalties and interest, Special Tax A used to pay for either or both the acquisition and construction of any public facilities for CFD No. 7 (through the issuance of Bonds or otherwise) and levied on any Parcel shall not be levied after Fiscal Year 2027-28. After such Fiscal Year, and the collection of any delinquencies in Special Tax A, penalties, and interest, the City shall cause a document substantially in the form required by the Act evidencing such termination of the levy and collection to be recorded in the office of the Recorder of the County.
127
B-3
II. SPECIAL TAXES FOR MAINTENANCE OF PARKS, PARKWAYS, AND
OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Taxing Classification Unit FY 2023-2024 FY 2023-2024 FY 2023-2024 Taxable Property Unit $638.20 $306.00 $111,996
“Maximum Annual Special Tax B” for each Parcel of Taxable Property shall be $389 for the 1998-1999 Fiscal Year, and shall increase by two percent each Fiscal Year thereafter.
The Levy of Special Tax B
1. The Special Tax Requirement
The Special Tax Requirement for any Fiscal Year shall be an amount equal to (A) the sum of the following: (1) the estimated Park, Parkways, and Open Space Maintenance Cost for such Fiscal Year, (2) Administrative Expenses to be incurred in the Fiscal Year or incurred in any previous Fiscal Year and not paid by CFD No. 7, and (3) an amount equal to the estimated delinquencies expected in the payment of Special Tax B for the Fiscal Year.
2. Levy of Special Tax B
Commencing with the 1998-99 Fiscal Year and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for the applicable Fiscal Year and shall levy Special Tax B proportionately on each parcel of Taxable Property up to the Maximum Annual Special Tax B for each Parcel until the aggregate amount of the levy equals the Special Tax Requirement for such Fiscal Year.
Pursuant to Section 53321 of the Act, under no circumstances shall the Special Tax B levied against any Parcel be increased by more than ten percent as a consequence of a delinquency or default in the payment of Special Tax B by the owner of any other Parcel. An increase of ten percent or more shall be determined by comparison of the levy of Special Tax B to the levy if there were no delinquencies or defaults.
128
129
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2329 Agenda Date: 7/25/2023
Agenda #: K. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2023-2024.
RECOMMENDATION:
Adopt Resolution No. 2023-059, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2023-2024.
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
Community Facilities District No. 11 was established by Resolution No. 98-110 on December 1, 1998.
On January 28, 1999, the District issued $15.5 million in Special Tax Refunding Bonds, 1999 Series A, to prepay a portion of the special tax levied on the property within the District by the Community Facilities District No. 2 and to refund certain indebtedness secured by such special tax, namely the City of Fontana Community Facilities District No. 2 (Village of Heritage) Sub-Subordinate Special Tax Refunding Bonds, 1998 Series C. The bonds were refunded in 2021 to take advantage of interest rate savings.
Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1271 approved and adopted by the City Council on December 15, 1998.
The special tax levied on each assessable parcel within the District is necessary to pay principal and interest on the outstanding bonded indebtedness and authorized administration expenses (Exhibit A, Schedule 1).
A comparison of the special tax levy and rates for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 is outlined in Exhibit A, Schedule 2. Residential rates have been decreased by 1%. Nonresidential and commercial rates have been increased between 1 and 4% dependent on land use class.
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File #: 21-2329 Agenda Date: 7/25/2023
Agenda #: K. Category: Consent Calendar
The proposed special tax rates for Fiscal Year 2023-2024 were developed according to the Rate and Method of Apportionment (Exhibit B).
The District was established after the adoption of Proposition 218, and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 special tax rates are the same as the prior year. The proposed levy will generate approximately $543,294 for debt service expenses.
MOTION:
Approve staff recommendation.
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 11 (HERITAGE WEST END) FOR FISCAL YEAR 2023-2024.
WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 11; and
WHEREAS, on January 28, 1999, Community Facilities District No. 11 (Heritage West End) Special Tax Refunding Bonds were issued to prepay a portion of the special tax levied on the property within the District by the Community Facilities District No. 2 and to refund certain indebtedness secured by such special tax, namely the City of Fontana Community Facilities District No. 2 (Village of Heritage) Sub-Subordinate Special Tax Refunding Bonds, 1998 Series C; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desire to establish the specific rate of the special tax to be collected for Fiscal Year 2023-2024.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023-2024 for the referenced District is hereby determined and established as set forth in Exhibit “B” attached hereto and incorporated herein by reference provided, however, that the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “B” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.
132
Resolution No. 2023-
SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.
The basis for the determination of the special tax needed for the 2023-2024 fiscal year is set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.
SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.
SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “B” or as adjusted pursuant to the provisions of Section 2 above.
SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 133
Resolution No. 2023-
APPROVED AND ADOPTED this 25
th day of July, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th day of July, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
134
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2023-2024
Principal Payment 09/2023 $ 400,000 Bond Service Funds Available $ 465,520 Interest Payment 09/2023 52,500 Proposed Special Tax Levy 543,294 Interest Payment 03/2024 44,500 Allowance for Delinquencies (16,299) Principal Payment 09/2024 410,000
Interest Payment 09/2024 44,500
Administration Costs 41,015
Total Costs $ 992,515 Available Funds $ 992,515
Schedule 2
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification
(Land Use) Special Tax Rate Special Tax Rate
1 - R 3,500 sq ft $ 33,393 $ 530.04 $ 33,103 $ 525.44 -1% 2 - R 3,280-3,499 sq ft 10,475 498.80 10,384 494.47 -1% 3 - R 3,000-3,279 sq ft 32,302 489.42 32,022 485.18 -1% 4 - R 2,781-2,999 sq ft 28,614 433.54 28,365 429.78 -1% 5 - R 2,601-2,780 sq ft 5,895 421.04 5,843 417.39 -1%
6 - R 2,601-2,780 sq ft 25,766 396.40 25,542 392.96 -1% 7 - R 2,401-2,600 sq ft 381 380.78 377 377.47 -1%
8 - R 2,281-2,400 sq ft 31,840 349.89 31,563 346.85 -1% 9 - R 2,050 sq ft 30,909 318.65 30,640 315.88 -1%
10 - Non-residential (sq ft) 9,253 0.24 9,355 0.2377 1% 11 - Non-residential (acre) 3,962 3,047.73 4,006 3,081.41 1% 12 - Commercial 296,653 27,595.74 308,638 28,710.60 4%
13 - Commercial 23,198 3,012.87 23,454 3,046.16 1%
14 - Undeveloped 0 0.00 0 0.00
$ 532,641 $ 543,294
FY 2022 - 2023
Exhibit "A"
City of Fontana
Community Facilities District No. 11
Heritage West End Tr. 11551
FY 2023 - 2024
Assessed
Percent Rate
Change
135
B-1
EXHIBIT “B”
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 11
(HERITAGE WEST END)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in Financial Services Division) The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 11 (Heritage West End) (“CFD No. 11”) and collected each Tax Period and/or Fiscal Year commencing in the Initial Tax Period, in an amount determined by the City Council through the application of the appropriate Special Tax for “Developed Property”, “Taxable Property Owner Association Property”, “Taxable Public Property”, and “Undeveloped Property”, as described below. All of the real property in CFD No. 11, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
The rate and method of apportionment of the special tax for 2023-2024 shall be as follows.
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Tax Class Unit FY 2023-2024 FY 2023-2024 FY 2023-2024
1 R 3,500 sq ft Unit $1,958.27 $ 530.04 $ 33,103
2 R 3,280-3,499 sq ft Unit $1,842.85 498.80 10,384
3 R 3,000-3,279 sq ft Unit $1,808.23 489.42 32,022
4 R 2,781-2,999 sq ft Unit $1,601.76 433.54 28,365
5 R 2,601-2,780 sq ft Unit $1,555.59 421.04 5,843
6 R 2,401-2,600 sq ft Unit $1,464.54 396.40 25,542
7 R 2,281-2,400 sq ft Unit $1,406.83 380.78 377
8 R 2,051-2,280 sq ft Unit $1,292.69 349.89 31,563
9 R 2,050 sq ft Unit $1,177.27 318.65 30,640
10 Non-Residential Sq Ft $0.89 0.24 9,355
11 Non-Residential Acre $11,484.24 3,047.73 4,006
12 Commercial Acre $28,710.60 27,595.74 308,638
13 Commercial Acre $11,352.90 3,012.87 23,454
14 Undeveloped Acre $17,084.47 0.00 0
$543,294
136
B-2
Method of Apportionment of the Special Tax
1. Initial Tax Period
The amount of Special Taxes to be levied in the Initial Tax Period shall be the Maximum Special Tax for each Assessor’s Parcel in Tax Class 1, 2, and 3, multiplied by the quotient derived from dividing the number of months in the Initial Tax Period by twelve (12).
2. After the Initial Tax Period
Commencing with Fiscal year 1999-2000 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied proportionately on each Assessor’s Parcel of Tax Class 1 Property at up to 100% of the applicable Maximum Special Tax.
For Fiscal Years which contain the Second and Third Tax Periods, the Maximum Special Tax for the Fiscal Year shall be the sum of the amounts determined by multiplying the Maximum Special Tax for each Tax Period by the quotient of the number of months of such Tax Period in the Fiscal Year for which the special tax is being levied divided by twelve;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, then the Special Tax shall be levied proportionately on each Assessor’s Parcel in Tax Class 2 up to 100% of the applicable Maximum Special Tax and on each Assessor’s Parcel of Developed Property in Tax Class 3 at up to 100% of the applicable Assigned Special Tax; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied proportionately on each Assessor’s Parcel of Undeveloped Property in Tax Class 3 at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the levy of the Special Tax on each Assessor’s Parcel of Development Property in Tax Class 3 whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied proportionately on each Assessor’s Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to the Maximum Special 137
B-3
Tax for Taxable Property Owner Association Property and Taxable Public Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within the CFD.
Term of Special Tax
The Special Tax shall be levied commencing in the Initial Tax Period to the extent necessary to meet the Special Tax Requirement for a period not to exceed forty years on each Assessor’s Parcel.
138
139
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2330 Agenda Date: 7/25/2023
Agenda #: L. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2023- 2024.
RECOMMENDATION:
Adopt Resolution No. 2023-060, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2023- 2024.
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
Community Facilities District No. 12 was established by Resolution No. 99-09 on January 19, 1999, to finance public facilities and to pay annual landscape and lighting maintenance costs for the district.
On November 24, 1999, the District issued $25.4 million in Special Tax Bonds, Series 1999, to finance certain public improvements within the District. The bonds were refunded in 2005 and again in 2021 to take advantage of interest rate savings.
Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds. The rate and method of apportionment of the special tax was originally set forth in Resolution No. 99-09 approved and adopted by the City Council on January 19, 1999, and later amended by Resolution No. 99-99 on October 5, 1999.
The special tax levied on each assessable parcel within the District is necessary to pay principal and interest on the outstanding bonded indebtedness and authorized administration expenses (Special Tax A); and the annual park, parkways, and open space maintenance costs of the District (Special Tax B).
The portion of the special tax rate above necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments, and administration costs (Exhibit A, Schedule 1).
The proposed Fiscal Year 2023-2024 special tax rates (Special Tax A and Special Tax B) are City of Fontana Page 1 of 2 Printed on 7/19/2023
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File #: 21-2330 Agenda Date: 7/25/2023
Agenda #: L. Category: Consent Calendar
The proposed Fiscal Year 2023-2024 special tax rates (Special Tax A and Special Tax B) are outlined in Exhibit A, Schedule 2.
A comparison of the total special tax levy and rates (A and B) for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 is outlined in Exhibit A, Schedule 3.
The proposed special tax rates for Fiscal Year 2023-2024 were developed according to the Rate and Method of Apportionment (Exhibit B). The rate for the special tax A (bond) and special tax rate B (maintenance) will remain the same as the prior year.
The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 bond special tax rates and the maintenance special tax rate will remain the same as the prior year. The levy will generate approximately $2.4 million; $1.5 million for debt service expenses and $0.9 million for park, parkways and open space maintenance costs.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 7/19/2023
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12 (SIERRA LAKES) FOR FISCAL YEAR 2023-2024.
WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 12; and
WHEREAS, on November 24, 1999, Community Facilities District No. 12 (Sierra Lakes) Special Tax Bonds, Series 1999, were issued to finance certain public improvements within the district; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desire to establish the specific rate of the special tax to be collected for Fiscal Year 2023-2024.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023-2024 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, that the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “B” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.
SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
142
Resolution No. 2023-
SECTION 4. The proceeds of Special Tax A shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.
The basis for the determination of Special Tax A needed for the 2023-2024 fiscal year is set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 5. The proceeds of Special Tax B shall be used to pay the costs of park, parkways and open space maintenance of the District and for the payment of administrative expenses incurred in connection with the levy and collection of said Special Tax B.
SECTION 6. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.
SECTION 7. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.
SECTION 8. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.
SECTION 9. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 143
Resolution No. 2023-
APPROVED AND ADOPTED this 25
th day of July, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th day of July, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
144
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2023-2024
Principal Payment 09/2023 $ 980,000 Bond Service Funds Available $ 1,204,036 Interest Payment 09/2023 180,800 Proposed Special Tax Levy 1,469,399 Interest Payment 03/2024 161,200 Allowance for Delinquencies (44,082) Principal Payment 09/2024 1,020,000
Interest Payment 09/2024 161,200
Administration Costs 126,153
Total Costs $ 2,629,353 Available Funds $ 2,629,353
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2023-2024
(Special Tax A and Special Tax B)
Total Special
Land Use Category Special Tax A Special Tax B Tax Rate
Greater than 2,700 sq ft $ 866.96 $ 450.00 $ 1,316.96
2,601 - 2,700 sq ft 768.67 450.00 1,218.67
2,501 - 2,600 sq ft 715.11 450.00 1,165.11
2,401 - 2,500 sq ft 675.08 450.00 1,125.08
2,301 - 2,400 sq ft 635.06 450.00 1,085.06
2,201 - 2,300 sq ft 590.33 450.00 1,040.33
2,101 - 2,200 sq ft 545.60 450.00 995.60
2,001 - 2,101 sq ft 519.11 450.00 969.11
1,901 - 2,000 sq ft 492.04 450.00 942.04
1,900 sq ft or less 474.38 450.00 924.38
Non-residential property 2,281.28 758.00 3,039.28
Golf Course property 233.07 196.00 429.07
Golf Course structures (sq ft) 0.27 0.00 0.27
Undeveloped - residential 0.00 0.00 0.00
Undeveloped - non-residential 0.00 0.00 0.00
Total Proposed Levy $ 1,469,399 $ 911,799 $ 2,381,198
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years (Special Tax A and Special Tax B)
Tax Classification
(Land Use) Special Tax Rate Special Tax Rate
Greater than 2,700 sq ft 906,075 $ 1,316.97 $ 906,065 $ 1,316.96 0% 2,601 - 2,700 sq ft 106,025 1,218.68 106,024 1,218.67 0% 2,501 - 2,600 sq ft 40,779 1,165.12 40,779 1,165.11 0%
2,401 - 2,500 sq ft 120,384 1,125.09 120,383 1,125.08 0% 2,301 - 2,400 sq ft 106,337 1,085.07 106,336 1,085.06 0% 2,201 - 2,300 sq ft 124,841 1,040.34 124,840 1,040.33 0% 2,101 - 2,200 sq ft 78,653 995.61 78,652 995.60 0%
2,001 - 2,101 sq ft 203,515 969.12 203,514 969.11 0%
1,901 - 2,000 sq ft 94,205 942.05 94,204 942.04 0%
1,900 sq ft or less 274,544 924.39 274,542 924.38 0%
Non-residential property 255,427 3,039.31 255,424 3,039.28 0% Golf Course property 62,710 429.07 62,710 429.07 0%
Golf Course structures (sq ft) 7,703 0.27 7,724 0.27 0% Undeveloped - residential 0 0.00 0 0.00
Undeveloped - non-residential 0 0.00 0 0.00
$ 2,381,198 $ 2,381,198
Assessed
Percent Rate
Change
Exhibit "A"
City of Fontana
Community Facilities District No. 12
Sierra Lakes
FY 2022-2023 FY 2023-2024
145
B-1
EXHIBIT “B”
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 12
(SIERRA LAKES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division) The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.
A Special Tax shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 12 (“CFD No. 12”) and collected each Fiscal year commencing in Fiscal year 1999-2000, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the appropriate Special Tax for “Developed Property,” “Golf Course Property,” “Taxable Property Owner Association Property,” “Taxable Public Property,” “Undeveloped Non-Residential Property,” and “Undeveloped Residential Property.” All of the real property in CFD No. 12, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
The rate and method of apportionment of the special tax for 2023-2024 shall be as follows.
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Unit FY 2023-2024 FY 2023-2024 FY 2023-2024
R - greater than 2,700 sq ft Unit $1,473.00 $866.97 $ 596,466 R - 2,601 - 2,700 sq ft Unit 1,306.00 768.68 66,874
R - 2,501 - 2,600 sq ft Unit 1,215.00 715.12 25,029
R - 2,401 - 2,500 sq ft Unit 1,147.00 675.09 72,234
R - 2,301 - 2,400 sq ft Unit 1,079.00 635.07 62,236
R - 2,201 - 2,300 sq ft Unit 1,003.00 590.34 70,840
R - 2,101 - 2,200 sq ft Unit 927.00 545.61 43,102
R - 2,001 - 2,101 sq ft Unit 882.00 519.12 109,014
R - 1,901 - 2,000 sq ft Unit 836.00 492.05 49,204
R - 1,900 sq ft or less Unit 806.00 474.39 140,892
Non-residential property Acre 3,876.00 2,281.31 191,721 Golf course property Acre 396.00 233.07 34,064
Golf course structures (per sq ft) Sq Foot 0.46 0.27 7,724 Undeveloped - residential Acre 8,617.00 0.00 0
Undeveloped - non-residential Acre 3,876.00 0.00 0
$1,469,400
146
B-2
The maximum Special Tax Rate of $3,876 per Acre for Non-Residential Property presented above applies only to the first 65.14 Acres assigned to Land Use Class 11 (Non-residential property). In the event the total amount of Developed Non-Residential Property exceeds 65.14 acres, the additional Acres will be subject to a Maximum Special Tax Rate of $8,617 per Acre. The CFD Administrator shall determine which Developed Non-Residential Acres will be subject to the Maximum Special Tax Rates of $8,617 per Acre in inverse chronological order as to when the property was assigned as Land Use Class 11 as Developed Non-Residential Property.
Method of Apportionment of Special Tax A
Commencing with Fiscal year 1999-2000 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy Special Tax A until the amount of Special Taxes equals the Special Tax A Requirement.
Special Tax A shall be levied each Fiscal Year as follows:
First: Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax A, and Golf Course Property at up to 100% of its applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional monies are needed to satisfy the Special Tax A Requirement after the first step has been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped NonResidential Property and Undeveloped Residential Property at up to 100% of the Maximum Special Tax A for Undeveloped Non-Residential Property and Undeveloped Residential Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, then the levy of Special Tax A on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Tax A shall be increased Proportionately from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor’s Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax A for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, under no circumstances will the amount of Special Tax A levied against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within the CFD.
147
B-3
“Special Tax A Requirement” means that amount required in any Fiscal Year for CFD No. 12 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the bonds, including but not limited to, credit enhancement and arbitrage and other rebate payments on the bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax A delinquencies based on the delinquency rate for Special Taxes levied in the previous Fiscal year; (vi) pay directly for the acquisition or construction of authorized facilities; less (vii) available funds as directed under the Indenture.
II. SPECIAL TAXES FOR MAINTENANCE OF PARK, PARKWAYS, AND
OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Unit FY 2023-2024 FY 2023-2024 FY 2023-2024
Residential property Unit $881.42 $450.00 $819,450
Non-residential property Acre 1,484.59 758.00 63,704
Golf course property Acre 382.81 196.00 28,645
Undeveloped property Acre 5,890.18 0.00 0
$911,799
Commencing July 1, 2000, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, Non-Residential Property, and Golf Course Property shall be increased by two percent (2%).
The Maximum Special Tax B for Undeveloped Property shall be $1,905 per Acre for Fiscal Year 1999-2000; $2,860 per Acre for Fiscal Year 2000-2001; and $3,810 per Acre for Fiscal Year 2001-2002. Commencing July 1, 2002, and each July 1 thereafter, the Maximum Special Tax B for Undeveloped Property shall be increased by two percent (2%).
Method of Apportionment of Special Tax B
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the Council shall determine the Special Tax B Requirement and shall levy Special Tax B until the amount of Special Taxes equals the Special Tax B Requirement.
Special Tax B shall be levied each Fiscal Year as follows:
First: Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Residential Property classified as Developed Property at up to $450 per dwelling unit, on each Assessor’s Parcel of Non-Residential Property classified as Developed Property at up to $758 per Acre, and on each Assessor’s Parcel of 148
B-4
Golf Course Property at up to $170 per Acre to satisfy the Special Tax B Requirement;
Second: If additional monies are needed to satisfy the Special Tax B Requirement after the first step has been completed, then Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Undeveloped NonResidential Property and Undeveloped Residential Property at up to 100% of the Maximum Special Tax B rate for Undeveloped Non-Residential Property and Undeveloped Residential Property;
Third: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, then Special Tax B shall be levied Proportionately on each Assessor’s parcel of Residential Property that is Developed Property, Non-Residential Property, and Golf Course Property at up to 100% of the applicable Maximum Special Tax B rate;
Fourth: If additional monies are needed to satisfy the Special Tax B Requirement after the first three steps have been completed, then Special Tax B shall be levied proportionately on each Assessor’s parcel of Taxable Property Owner or Taxable Public Property at up to the Maximum Special Tax B for Taxable Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, under no circumstances will the amount of Special Tax B levied against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within the CFD.
149
150
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2331 Agenda Date: 7/25/2023
Agenda #: M. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2023- 2024.
RECOMMENDATION:
Adopt Resolution No. 2023-061, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2023-2024.
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
Community Facilities District No. 22 (Sierra Hills South) was established by Resolution No. 2003-38 on April 15, 2003. On August 26, 2004, the District issued $37,365,000 in Special Tax Bonds to refund CFD #90-3 (Empire Center) Special Tax Bonds which were used to finance the construction, installation and acquisition of certain major capital facilities (infrastructure) to serve properties located within the District. On May 29, 2014, the District issued $31 million in Special Tax Refunding Bonds to refinance the 2004 bonds.
Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds. The rate and method of apportionment of the special tax was originally set forth in Ordinance 1426, approved and adopted by the City Council on August 6, 2003.
The special tax levied on each assessable parcel within the District is necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized administrative expenses (Exhibit A, Schedule 1).
A comparison of the special tax levy and rates for Fiscal year 2022-2023 and Fiscal Year 2023-2024 is outlined in Exhibit A, Schedule 2.
The proposed special tax rates for Fiscal Year 2023-2024 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as the prior year.
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File #: 21-2331 Agenda Date: 7/25/2023
Agenda #: M. Category: Consent Calendar
The City’s special taxes for this District have been reviewed in light of the passage of Proposition 218. The recommended actions comply with the provisions of this proposition.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 special tax rates are the same as the prior year and will generate approximately $2.7 million for debt service expenses.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 7/19/2023
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 22 (SIERRA HILLS SOUTH) FOR FISCAL YEAR 2023-2024.
WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 22; and
WHEREAS, on or about August 18, 2004, Community Facilities District No. 22 (Sierra Hills South) Special Tax Bonds were issued to refund the outstanding Community Facilities District No. 90-3 (Empire Center) Special Tax Bonds, Series A, which were used to finance the construction, installation and acquisition of certain major capital facilities (infrastructure) to serve properties located within Community Facilities District. On May 29, 2014, the District issued $31 million in Special Tax Refunding Bonds to refinance the 2004 bonds; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desire to establish the specific rate of the special tax to be collected for Fiscal Year 2023-2024.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023-2024 for the referenced District is hereby determined and established as set forth in Exhibit “B” attached hereto and incorporated herein by reference provided, however, that the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “B” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.
153
Resolution No. 2023-
SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.
The basis for the determination of the special tax needed for the 2023-2024 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.
SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.
SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “B” or as adjusted pursuant to the provisions of Section 2 above.
SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 154
Resolution No. 2023-
APPROVED AND ADOPTED this 25
th day of July, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th day of July, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
155
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2023-2024
Principal Payment 09/2023 $ 1,490,000 Bond Service Funds Available $ 2,089,274 Interest Payment 09/2023 545,375 Proposed Special Tax Levy 2,695,627 Interest Payment 03/2024 508,125 Allowance for Delinquencies (80,869) Principal Payment 09/2024 1,565,000
Interest Payment 09/2024 508,125
Administration Costs 87,407
Total Costs $ 4,704,032 Available Funds $ 4,704,032
Schedule 2
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification
(Land Use) Special Tax Rate Special Tax Rate
1 - Non-residential $ 645,964 $ 10,402.00 $ 645,964 $ 10,402.00 0% 2 - Non-residential 967,617 4,623.11 967,617 4,623.11 0% 2 - Hotel Property 4,161 4,623.11 4,161 4,623.11 0%
3 - Residential 440,450 1,150.00 440,450 1,150.00 0%
4 - Residential 455,400 1,150.00 455,400 1,150.00 0%
5 - Non-residential 182,035 10,402.00 182,035 10,402.00 0% $ 2,695,627 $ 2,695,627
Exhibit A
City of Fontana
Community Facilities District No. 22
Sierra Hills South
FY 2022 - 2023 FY 2023 - 2024 Percent Rate
Change
156
B-1
EXHIBIT “B”
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 22
(SIERRA HILLS SOUTH)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division) The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.
Special Taxes shall be levied on all Parcels located within the boundaries of City of Fontana Community Facilities District No. 22 (Sierra Hills South) (hereinafter “CFD No. 22”). The amount of Special Tax to be levied on a Parcel in any fiscal year shall be determined by the City Council of the City of Fontana (hereinafter the “Council” and the “City”), in accordance with the rate and method of apportionment of the Special Taxes described below. All of the property in CFD No. 22, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner provided herein.
The rate and method of apportionment of the special tax for 2023-2024 shall be as follows.
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Tax Rate Zone / Land Use Class Unit FY 2023-2024 FY 2023-2024 FY 2023-2024 Tax Rate Zone 1 – Non residential Acre $13,373.53 $10,402.00 $645,964 Tax Rate Zone 2 – Non residential Acre $5,943.79 4,623.11 967,617 Tax Rate Zone 2 – Hotel Acre $5,943.79 4,623.11 4,161
Tax Rate Zone 3 – Residential Unit $1,478.52 1,150.00 440,450 Tax Rate Zone 4 – Residential Unit $1,478.52 1,150.00 455,400 Tax Rate Zone 5 – Non residential Acre $13,373.53 10,402.00 182,035 $2,695,627
Maximum Special Tax Rates escalate at 2% per year commencing July 1, 2004.
Tax Rate Zone 3 may only be taxed until the earlier of Fiscal Year 2029-2030 or when no Bonds are outstanding. All other tax rate zones may be taxed until the earlier of Fiscal Year 2041-2042 or when no Bonds are outstanding. 157
B-2
Method of Apportionment of the Special Tax
No earlier than the fiscal year in which CFD No. 90-3 is dissolved pursuant to Section 5338.5 of the Act and for each subsequent fiscal year, the Council shall determine the Special Tax Requirement and levy the Special Taxes until the amount of Special Taxes equals the Special Tax Requirement.
Step 1: The Special Tax shall be levied proportionately on each Parcel of Single Family Residential Property, Hotel Property and Non-Residential Property at up to 100 percent of its applicable Maximum Special Tax to satisfy the Special Tax Requirement.
Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, then the Special Tax shall be levied proportionately on each Parcel of Property Owner Association Property at up to 100 percent of its applicable Maximum Special Tax to satisfy the Special Tax Requirement.
Step 3: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 and Step 2 have been completed, then the Special Tax shall be levied proportionately on each Parcel of Public Property at up to 100 percent of its applicable Maximum Special Tax to satisfy the Special Tax Requirement. “Special Tax Requirement” means, for a fiscal year, that amount required in such fiscal year for CFD No. 22 to: (i) pay debt service on all Outstanding Bonds; (ii) pay periodic costs on the bonds, including but not limited to, credit enhancement and rebate payments on the bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for the Bonds; and (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous fiscal year, except for the first fiscal year in which the Special Taxes are levied, for which the delinquency rate will be three percent (3%), taking into account any available funds, as determined by the CFD Administrator.
158
CFD # 22
Sierra Hills South
159
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2332 Agenda Date: 7/25/2023
Agenda #: N. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2023-2024.
RECOMMENDATION:
Adopt Resolution No. 2023-062, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2023-2024.
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
Community Facilities District No. 31 (Citrus Heights North) was established by Resolution No. 2005- 59 on June 7, 2005, to finance public facilities and to pay the annual landscape and lighting maintenance costs for the district. On December 21, 2006, the District issued $26,815,000 in Special Tax Bonds, Series 2006, to finance the acquisition and construction of certain capital facilities (infrastructure). On July 11, 2018, the District issued $18.5 million in Special Tax Refunding Bonds to refinance the 2006 bonds; refinancing the bonds allowed the District to take advantage of interest rate savings and to finance the acquisition and construction of additional capital facilities.
Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds. The rate and method of apportionment of the special tax was originally set forth in Resolution No. 2005-59 approved and adopted by the City Council on June 7, 2005.
The special tax levied on each assessable parcel within the District is necessary to pay principal and interest on the outstanding bonded indebtedness and authorized administration expenses (Special Tax A); and the annual park, parkways, and open space maintenance costs of the District (Special Tax B).
The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments, and administration costs (Exhibit A, Schedule 1).
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File #: 21-2332 Agenda Date: 7/25/2023
Agenda #: N. Category: Consent Calendar
The proposed Fiscal Year 2023-2024 special tax rates (Special Tax A and Special Tax B) are outlined in Exhibit A, Schedule 2. A comparison of the total special tax levy and rates (A and B) for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 is outlined in Exhibit A, Schedule 3.
The proposed special tax rates for Fiscal Year 2023-2024 were developed according to the Rate and Method of Apportionment (Exhibit B). The rates for all categories are the same as the prior year.
The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 special tax rates are the same as the prior year and will generate approximately $3.0 million; $2.5 million for debt service expenses and $480,225 for park, parkways and open space costs.
MOTION:
Approve staff recommendation.
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 31 (CITRUS HEIGHTS
NORTH) FOR FISCAL YEAR 2023-2024.
WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 31; and
WHEREAS, on December 21, 2006 Community Facilities District No. 31 (Citrus Heights North) Special Tax Bonds, Series 2006, were issued to finance certain public improvements within the district; and
WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desire to establish the specific rate of the special tax to be collected for Fiscal Year 2023-2024.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023-2024 for the referenced District is hereby determined and established as set forth in Exhibit “B” attached hereto and incorporated herein by reference provided, however, that the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “B” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.
SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.
162
Resolution No. 2023-
SECTION 4. The proceeds of Special Tax A shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;
(b) Necessary replenishment of bond reserve funds or other reserve funds; (c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and
(d) Repayment of advances and loans, as appropriate.
The basis for the determination of Special Tax A needed for the 2023-2024 fiscal year is set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 5. The proceeds of Special Tax B shall be used to pay the costs of park, parkways and open space maintenance of the District and for the payment of administrative expenses incurred in connection with the levy and collection of said Special Tax B.
SECTION 6. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.
SECTION 7. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.
SECTION 8. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “B” or as adjusted pursuant to the provisions of Section 2 above.
SECTION 9. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 163
Resolution No. 2023-
APPROVED AND ADOPTED this 25th day of July, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25th day of July, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
164
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2023-2024
Principal Payment 09/2023 1,290,000 $ Bond Service Funds Available 1,700,147 $ Interest Payment 09/2023 494,525 Proposed Special Tax Levy 2,491,998 Interest Payment 03/2024 470,925 Allowance for Delinquencies (74,760) Principal Payment 09/2024 1,335,000
Interest Payment 09/2024 470,925
Administration Costs 56,010
Total Costs $ 4,117,385 Available Funds $ 4,117,385
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2023-2024
(Special Tax A and Special Tax B)
Total Special
Land Use Category Special Tax A Special Tax B Tax Rate
1 Greater than 4,275 sq ft 3,764.00 $ 475.00 $ 4,239.00 $ 2 4,075 - 4,274 sq ft 3,595.00 475.00 4,070.00
3 3,875 - 4,074 sq ft 3,490.00 475.00 3,965.00
4 3,675 - 3,874 sq ft 3,409.00 475.00 3,884.00
5 3,475 - 3,674 sq ft 3,344.00 475.00 3,819.00
6 3,275 - 3,474 sq ft 3,223.00 475.00 3,698.00
7 3,075 - 3,274 sq ft 3,130.00 475.00 3,605.00
8 2,875 - 3,074 sq ft 3,037.00 475.00 3,512.00
9 2,675 - 2,874 sq ft 2,916.00 475.00 3,391.00
10 2,475 - 2,674 sq ft 2,795.00 475.00 3,270.00
11 2,275 - 2,474 sq ft 2,795.00 475.00 3,270.00
12 2,075 - 2,274 sq ft 2,674.00 475.00 3,149.00
13 1,875 - 2,074 sq ft 2,108.00 475.00 2,583.00
14 1,675 - 1,874 sq ft 1,882.00 475.00 2,357.00
15 1,475 - 1,674 sq ft 1,664.00 475.00 2,139.00
16 1,275 - 1,474 sq ft 1,503.00 475.00 1,978.00
17 Less than 1,275 sq ft 1,180.00 475.00 1,655.00
18 Non-residential 32,233.00 2,040.00 34,273.00
Final Mapped Property - Zone 1 - - -
Final Mapped Property - Zone 2 - - -
Final Mapped Property - Zone 3 - 475.00 475.00
Undeveloped Zone 1 property - - -
Undeveloped Zone 2 property - - -
Undeveloped Zone 3 property - - -
Total Proposed Levy 2,491,998 $ 480,225 $ 2,972,223 $
Exhibit "A"
City of Fontana
Community Facilities District No. 31
Citrus Heights North
165
Schedule 3
Comparison of Total Special Tax Levy and Rates for 2022-2023 and 2023-2024 (Special Tax A and Special Tax B)
Land Use Category Special Tax Rate Special Tax Rate
1 Greater than 4,275 sq ft 42,390.00 $ 4,239.00 $ 42,390.00 $ 4,239.00 $ 0% 2 4,075 - 4,274 sq ft 240,130.00 4,070.00 240,130.00 4,070.00 0% 3 3,875 - 4,074 sq ft 27,755.00 3,965.00 27,755.00 3,965.00 0% 4 3,675 - 3,874 sq ft 229,156.00 3,884.00 229,156.00 3,884.00 0% 5 3,475 - 3,674 sq ft 171,855.00 3,819.00 171,855.00 3,819.00 0% 6 3,275 - 3,474 sq ft 218,182.00 3,698.00 218,182.00 3,698.00 0% 7 3,075 - 3,274 sq ft 108,150.00 3,605.00 108,150.00 3,605.00 0% 8 2,875 - 3,074 sq ft 147,504.00 3,512.00 147,504.00 3,512.00 0% 9 2,675 - 2,874 sq ft 98,339.00 3,391.00 98,339.00 3,391.00 0% 10 2,475 - 2,674 sq ft 137,340.00 3,270.00 137,340.00 3,270.00 0% 11 2,275 - 2,474 sq ft 307,380.00 3,270.00 415,290.00 3,270.00 0% 12 2,075 - 2,274 sq ft 59,831.00 3,149.00 107,066.00 3,149.00 0% 13 1,875 - 2,074 sq ft 366,786.00 2,583.00 490,770.00 2,583.00 0% 14 1,675 - 1,874 sq ft 146,134.00 2,357.00 202,702.00 2,357.00 0% 15 1,475 - 1,674 sq ft 96,255.00 2,139.00 271,653.00 2,139.00 0% 16 1,275 - 1,474 sq ft 9,890.00 1,978.00 43,516.00 1,978.00 0% 17 Less than 1,275 sq ft - 1,655.00 - 1,655.00 0%
18 Non-residential - 34,273.00 - 34,273.00 0%
Final Mapped Property - Zone 1 - 7,735.86 - - 0%
Final Mapped Property - Zone 2 - 31,237.79 - - 0%
Final Mapped Property - Zone 3 - 38,752.61 20,425.00 475.00 0% Undeveloped Zone 1 property - 2,670.90 - - 0%
Undeveloped Zone 2 property - 4,034.10 - - 0%
Undeveloped Zone 3 property 456,810.77 4,834.95 - - 0%
$ 2,863,888 $ 2,972,223
Community Facilities District No. 31
Citrus Heights North
FY 2022 - 2023 FY 2023 - 2024 Percent Rate
Change
City of Fontana
Exhibit "A"
166
B-1
EXHIBIT “B”
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 31
(CITRUS HEIGHTS NORTH)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division) The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.
A Special Tax shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 31 (“CFD No. 31”) and collected each Fiscal year commencing in Fiscal year 2006-2007, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the appropriate Special Tax for “Developed Property,” “Taxable Property Owner Association Property,” “Taxable Public Property,” “Undeveloped Non-Residential Property,” and “Undeveloped Residential Property.” All of the real property in CFD No. 31, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
The rate and method of apportionment of the special tax for 2023-2024 shall be as follows.
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:
Maximum Actual
Annual Tax Rate Tax Rate Tax Amount
Land Use Unit FY 2023-2024 FY 2023-2024 FY 2023-2024
1 - Greater than 4,275 sq ft Unit $3,764.00 $3,764.00 $37,640 2 - 4,075 - 4,274 sq ft Unit 3,595.00 3,595.00 212,105
3 - 3,875 - 4,074 sq ft Unit 3,490.00 3,490.00 24,430
4 - 3,675 - 3,874 sq ft Unit 3,409.00 3,409.00 201,131
5 - 3,475 - 3,674 sq ft Unit 3,344.00 3,344.00 150,480
6 - 3,275 - 3,474 sq ft Unit 3,223.00 3,223.00 190,157
7 - 3,075 - 3,274 sq ft Unit 3,130.00 3,130.00 93,900
8 - 2,875 - 3,074 sq ft Unit 3,037.00 3,037.00 127,554
9 - 2,675 - 2,874 sq ft Unit 2,916.00 2,916.00 84,564
10 – 2,475 - 2,674 sq ft Unit 2,795.00 2,795.00 117,390 11 - 2,275 - 2,474 sq ft Unit 2,795.00 2,795.00 354,965 12 - 2,075 - 2,274 sq ft Unit 2,674.00 2,674.00 90,916
13 - 1,875 - 2,074 sq ft Unit 2,108.00 2,108.00 400,520 14 - 1,675 - 1,874 sq ft Unit 1,882.00 1,882.00 161,852 15 - 1,475 - 1,674 sq ft Unit 1,664.00 1,664.00 211,328 16 - 1,275 - 1,474 sq ft Unit 1,503.00 1,503.00 33,066
17 - 1,274 sq ft or less Unit 1,180.00 1,180.00 0
18 - Non-residential property Acre 32,233.00 32,233.00 0 Mapped Property – Zone 1 Acre 17,806.00 0.00 0
167
B-2
Mapped Property – Zone 2 Acre 26,894.00 0.00 0
Mapped Property – Zone 3 Acre 32,233.00 0.00 0
Undeveloped – Zone 1 Property Acre 17,806.00 0.00 0
Undeveloped – Zone 2 Property Acre 26,894.00 0.00 0
Undeveloped – Zone 3 Property Acre 32,233.00 0.00 0
$2,491,998
Method of Apportionment of Special Tax A
Commencing with Fiscal year 2005-2006 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Facilities and shall levy Special Tax A until the total Special Tax A equals the Special Tax Requirement for Facilities. Special Tax A shall be levied each Fiscal Year as follows:
First: Special Tax A shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax A; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Final Mapped Property in Zone 1, Zone 2, and Zone 3 at up to 100% of the applicable Initial Maximum Special Tax A;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the second step has been completed, the Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property in Zone 1, Zone 2, and Zone 3 at up to 100% of the applicable Initial Maximum Special Tax A;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the levy of the Special Tax A on each Assessor’s Parcel of Final Mapped Property and Undeveloped Property in Zone1, Zone 2, and Zone 3 shall be increased in equal percentages from the applicable Initial Maximum Special Tax A for such Zone up to 100% of the applicable Maximum Special Tax A for Final Mapped Property and Undeveloped Property;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, then the levy of the Special Tax A on each Assessor’s Parcel of Developed Property in Zone 1, Zone 2, and Zone 3 whose Maximum Special Tax A is determined through the application of the Backup Special Tax A shall be increased in equal percentages from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor’s Parcel;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first five steps have bee completed, then the Special Tax A 168
B-3
shall be levied Proportionately on each Assessor’s Parcel of Taxable Property Owner Association at up to the Maximum Special Tax A for Taxable Property Owner Association Property;
Seventh: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first six steps have been completed, then the Special Tax A shall be levied proportionately on each Assessor’s Parcel of Taxable Public Property at up to the Maximum Special Tax A for Taxable Public Property.
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax A in step one (above), when (i) the Council is no longer required to levy the Special Tax A pursuant to steps two through seven above in order to meet the Special Tax Requirement for Facilities, and (ii) all authorized Bonds have already been issued or the Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A.
Further notwithstanding the above, under no circumstances will the Special Tax A be levied against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 31.
II. SPECIAL TAXES FOR MAINTENANCE OF PARK, PARKWAYS, AND
OPEN SPACE
Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2023-2024 FY 2023-2024 FY 2023-2024 Residential property Unit $949.78 $475.00 $480,225
Developed Non-Residential Property Acre 4,084.78 2,040.00 0 $480,225
Method of Apportionment of Special Tax B
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the Council shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax Requirement for Services. The Special Tax B shall be levied each Fiscal Year as follows;
First: The Special Tax B shall be levied proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax B for such Assessor’s Parcel;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Special 169
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Tax B on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Special Tax B up to the Maximum Special Tax B for each such Assessor’s Parcel.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2333 Agenda Date: 7/25/2023
Agenda #: O. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Levy of a Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2023-2024.
RECOMMENDATION:
Adopt Resolution No. 2023-063, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2023- 2024.
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
Community Facilities District No. 37 (Montelago) was established by Resolution No. 2005-63 on June 7, 2005, to finance public facilities and to pay annual landscape and lighting maintenance costs for the district. On September 1, 2005, the District issued $4,590,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District. The bonds were refunded in 2021 to take advantage of interest rate savings.
Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the maturing principal and interest on the bonds. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1480 approved and adopted by the City Council on June 21, 2005.
The special tax levied on each assessable parcel within the District is necessary to pay principal and interest on the outstanding bonded indebtedness and authorized administrative expenses (Special Tax A); and the annual landscape and lighting maintenance costs of the District (Special Tax B).
The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments, and administration costs (Exhibit A, Schedule 1).
The proposed Fiscal Year 2023-2024 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.
A comparison of the total special tax levy and rates (A and B) for Fiscal Year 2022-2023 and Fiscal City of Fontana Page 1 of 2 Printed on 7/19/2023
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File #: 21-2333 Agenda Date: 7/25/2023
Agenda #: O. Category: Consent Calendar
A comparison of the total special tax levy and rates (A and B) for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 is outlined in Exhibit A, Schedule 3.
The proposed special tax rates for Fiscal Year 2023-2024 were developed according to the Rate and Method of Apportionment (Exhibit B). Special tax rates A (bond) and special tax rate B (maintenance) will remain the same as the prior year.
The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.
The City Treasurer has reviewed and supports this action.
FISCAL IMPACT:
The proposed Fiscal Year 2023-2024 special tax rates are the same as the prior year and will generate approximately $324,112; $237,311 for debt service expenses and $86,801 for landscape and lighting maintenance costs.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 7/19/2023
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