Agenda packet — Fontana City Council, September 26, 2023 (part 1 of 3)

Tuesday, September 26, 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. 1926 Reso. No. 2023-097
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 September 26, 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 Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

WORKSHOP:

A. City Council Workshop
5:30 P.M. City Council Workshop
A. 1. Park & Trail Discussion/ Needs Assessment. 21-2494 CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

A. Proclamation
A. 1. Mayor Warren and City Council to proclaim September 26, 2023, as Human Resources Professional Day (Director of Human Resources and Risk Management Rakesha Voss
to present).
21-2485

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2 City Council Meeting Regular Agenda September 26, 2023 SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor and City Council to recognize local Fontana Athletes of World Cup, Maryrose Ortiz and Destinea
Aguiree.

2. Special Recognition of Fontana PONY Baseball Leagues.

3. Mayor Warren and City Council to recognize Officer
Shaun Pisani, Lead Property Control Clerk Yvonne
Jimenez, Property Clerks Stefanie Cendejas-Otzoy, Diane Kimball and Community Service Officer David Martinez as August Employees of the month (Captain Angela Stover
and Police Administrative Support Service Manager
Michelle Blank to present).

4. Mayor Warren and City Council to recognize Human
Resources and Risk Management Department Employee of
the Year: Melvin Alegado, Senior Human Resources
Analyst ( Human Resources and Risk Management Director
Rakesha Voss to present.)
21-2486
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.

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3 City Council Meeting Regular Agenda September 26, 2023 A. Approval of Minutes 21-2487
Approve the minutes of the September 12, 2023, City Council Meeting.

City Council Meeting Minutes 9-12-2023.pdfAttachments:

B. Second Amendment to the City Manager Employment
Agreement between the City of Fontana and Matthew C .

Ballantyne.
21-2311
Approve the Second Amendment to the City Manager Employment Agreement between the City of Fontana and Matthew C. Ballantyne.

Second Amendment to City Manager Employment
Agreement for Council 09/12/2023
Attachments:

C. Final Acceptance of the Police Facility Fence Installation Project
21-2391
Accept as complete the work performed by J & A Engineering Corp. for the construction of the Police Facility Fence Installation Project (#37600021) and approve the final construction amount of $369,687.37 (SB-03-DE-23).

Vicinity Map.pdfAttachments:

D. Accept a Carbon Reduction Program (CRP) Grant for San Sevaine Trail Phase 1-Segment 2 Project
21-2402
Approve and authorize the City Manager to accept the CRP Grant in the amount of $2,721,400 for the San Sevaine Trail Phase 1-Segment 2 Project, and authorize staff to request reimbursements to grant requirements.

SCAG Agenda Recommending AwardAttachments:

E. Declare City Property to be Public Right of Way and Accept the Property into the City Street System
21-2410
Adopt Resolution No. 2023-097, declaring the Subject Property as public right of way, and pursuant to Section 1806 of the Streets and Highways Code, to be accepted by the City of Fontana into the City Street system File 21-2410 Resolution.docx
Exhibit A.pdf
Figure 1.pdf
Attachments:

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4 City Council Meeting Regular Agenda September 26, 2023 F. Approve Measure I Five-Year Capital Project Needs
Analysis Amendment and Annual Adoption
21-2465
Adopt Resolution No. 2023-098, approving an amendment to the Fiscal Years 2023/2024 - 2027/2028 Measure I Five Year Capital Project Needs Analysis (CPNA) and adopting the Measure I Five Year CPNA for Fiscal Years 2024/2025 - 2028/2029.

CPNA Resolution No. 2023-XX
FINAL 2024-2028 Amended CPNA_.pdf
FINAL of 2025-2029 New CPNA_.pdf
Attachments:

G. 2024 ABC Grant 21-2467

1. Approve an ABC Grant in the amount of $23,990.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary, operation, and equipment

2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,990.00.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department

4. Approve to increase revenues and appropriation in the amount of $23,990.00 to project #40100003-301-A.
23-APP16 std213.pdf
Exhibits.pdf
Attachments:

H. Police Department Monthly Information Update 21-2473 Accept the Police Department monthly information update for August 2023.

August 2023 Report for City Council Rev.pptxAttachments:

I. Fontana Chamber of Commerce - Contract Renewal 21-2484 Approve and authorize the City Manager to execute a contractual services agreement between the City of Fontana and the Fontana Chamber of Commerce in the amount of $50,000.

Fontana Chamber Contract. Final.pdfAttachments:

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5 City Council Meeting Regular Agenda September 26, 2023 J. Authorize City to enter into Regional Contract with the Inland Empire Utilities Agency (IEUA)
21-2502
Authorize the City to enter into a regional contract with the Inland Empire Utilities Agency (IEUA) for the transmission, treatment, and disposal of sewage delivered by contracting agencies.
2023.08.09 - REGIONAL SEWER CONTRACT DRAFT
FINAL FOR SIGNATURE.pdf
Attachments:

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)

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6 City Council Meeting Regular Agenda September 26, 2023 A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-2476

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2023- 099, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Weed Abatement Resolution September 2023
Attachments:

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7 City Council Meeting Regular Agenda September 26, 2023 B. Master Case No. 23-062 and Appeal No. 23-016: Appeal of the Planning Commission’s decision to uphold the Director of Planning ’s approval of Administrative Site Plan No . 22-028 and Minor Use Permit No. 22-007, for the request to install a new wireless telecommunications facility
consisting of a 75’ mono-palm with 14 antennas,
supporting equipment, and an equipment enclosure of 347 square feet total, pursuant to CEQA determinations.
21-2407
Based on the information in the staff report and subject to the attached Findings, staff recommends that the City Council:

1. Deny Appeal No. 23-016, thereby upholding the decision of the Planning Commission and Director of Planning approving
Administrative Site Plan No. 22-028 and Minor Use Permit No . 22-007, for the request to install a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of 347 square feet total.

2. Direct staff to prepare, execute, and file a CEQA Notice of Exemption with the County Clerk, as appropriate, within five ( 5) working days of the Council’s final action on Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007.

Attachment No. 1 - Uniform Appeal Letter from Appellant Attachment No. 2 - Vicinity Map
Attachment No. 3 - Director's Approval Packet.pdf
Attachment No. 4 - Planning Commission Packet
Attachment No. 5 - Notice of Public Hearing
Attachment No. 6 - AT&T's Response Letter
Attachments:

NEW BUSINESS:

A. New Business

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8 City Council Meeting Regular Agenda September 26, 2023 A. Issuance of Special Tax Bonds for CFD #100 (Victoria) 21-2474 Adopt Resolution No. 2023-100, of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 100 (Victoria) Special Tax Bonds, Series 2023, in an aggregate principal amount of not to exceed $6,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.

Resolution
Indenture
Continuing Disclosure Agreement
Bond Purchase Agreement
Preliminary Official Statement
Appraisal Report
Attachments:

CITY MANAGER COMMUNICATIONS:

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 October 10, 2023 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2494 Agenda Date: 9/26/2023
Agenda #: A. Category: Workshop
Workshop
Tuesday, September 26,, 2023
5:00 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 Printed on 9/20/2023Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2485 Agenda Date: 9/26/2023
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, September 26, 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 Printed on 9/20/2023Page 1 of 1
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2486 Agenda Date: 9/26/2023
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, September 26, 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 Printed on 9/20/2023Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2487 Agenda Date: 9/26/2023
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the September 12, 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 September 12, 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.

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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, September 12, 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

Page 2 of 12 ends

WORKSHOP:

A. 4:30 P.M. City Council Workshop
The Workshop of the Fontana City Council was held on Tuesday, September 12, 2023, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 4:35 p.m. with all members of the City Council present.

City Clerk Germaine Key and City Treasurer Janet Koehler-Brooks were also in attendance.

A. Chief Financial Officer Jessica Brown provided a presentation on the CalPERS pension plan and pre-funding plans.

City Manager to bring back a policy on UALs.

No public communications were received.

The Council directed staff to pursue a pre-funding scenario, develop a funding strategy policy and return to Council for consideration.

B. Supervising Code Enforcement Inspector Jason Barber also provided a presentation on non-permitted street vending.

Council Member Cothran expressed concern with Code Compliance, Police and Public Works all enforcing at the same time.

Mayor Pro Tem Garcia expressed support for more enforcement for small business owners operating in the City.

The following individuals spoke under public communications:

Miguel Suarez, discussed concerns with multiple street vendors and the importance of the City protecting and supporting small businesses.

Gilberto Diaz, thanked the City for addressing the street vendor issue and discussed concerns with the County of San Bernardino Environmental Health Services Department.

Eliseo Haro, stated that illegal street vendors have negatively impacted his business.

Raul Hernandez, asked how other cities such as Rancho Cucamonga and Upland are controlling the street vendor issue.

Marina Brinkman, discussed an incident involving a transient at Village Park on September 9, 2023.

Direction was provided to staff to present a proposal to the Council for the option of staffing five days per week, addressing property owner responsibility, confiscation of equipment and suspending grant opportunities.

Page 3 of 12 ends

The Council directed staff to return for consideration an urgency ordinance making it a misdemeanor to follow, threaten or interfere with Code Enforcement and Public Safety Officers while on duty, along with a resolution expanding legal authority to confiscate equipment and food from non-permitted street vendors.

The Workshop adjourned at 6:00 p.m.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (1) Case: Robert King v. City of Fontana, et al.

Superior Court of the State of California - for the County of San Bernardino Case No.

CIVDS2016703

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one (1) potential case)

A. Public Communications - Closed Session
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, September 12, 2023.

Mayor Warren called the meeting to order at 6:01 p.m., with all members of the City C ouncil 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, September 12, 2023. Mayor Warren called the meeting to order at 7:04 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Roberts, Sandoval and Cothran.

ABSENT: None

City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:
16

Page 4 of 12 ends

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.

CLOSED SESSION ANNOUNCEMENT:

A. Closed Session Announcement:

Assistant City Attorney Michelina Hassell reported that the City Council met in Closed Session on the items listed on the agenda, but took no reportable action.

PROCLAMATION:

A. Proclamation

1. Mayor Warren and City Council to proclaim September 22, 2023, as Native American Day (District Director, Vanessa Brierty, to present).

Mayor Warren and City Council proclaimed September 22, 2023, as Native American Day, Vanessa Brierty accepted.

2. Mayor Warren and City Council to proclaim the month of September as Senior Center Month, (Community Services Supervisor Douglas Johnson to present).

Mayor Warren and City Council proclaimed the month of September as Senior Center Month, Community Services Supervisor Douglas Johnson accepted the proclamation.

3. Mayor Warren and City Council to proclaim September 24, 2023, as National Public Lands Day (Community Services Coordinator Jordan Gionet to present).

Mayor Warren and City Council proclaimed September 24, 2023, as National Public Lands Day, Community Services Coordinator Jordan Gionet accepted the proclamation.

SPECIAL PRESENTATIONS:

Mayor Warren and City Council recognized Scripps National Spelling Bee participant Jup Singh.

Mayor Warren and City Council recognized District 71 Fontana Little League Championship Teams from Fontana American Little League, Fontana Community Little League, Fontana Elks Little League, and Southridge Little League.

Mayor Warren and City Council recognized Fontana Police Department’s July 2023 Employees of the Month Corporal Christopher Gonzales, Officers Joshua Carreon, Mark Ruff, and Community Policing Technician Heather Howard.

PUBLIC COMMUNICATIONS:
17

Page 5 of 12 ends

A. Public Communications

The following individuals spoke under public communications:

Rebecca Gonzalez expressed support for Fontana Little League and discussed concerns with Council Member Sandoval.

Mark Richini spoke in opposition of Planned Parenthood.

Michael Townsend, on behalf of Assemblyman Reyes , commended the Council on the downtown revitalization and for all the special recognitions given to staff and the communit y at tonight’s meeting.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5 -0 to approve the Consent Calendar. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Rob erts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None
A. Approval of Minutes 21-2395

B. Adoption of Ordinance No. 1923 (Second Reading) 21-2394

C. Adopt a Resolution Adopting a New Job Description and Salary 21-2382 Range for the Emergency Services Coordinator Classification Adopt a Resolution Adopting a New Job Description and Salary Range for the Emergency Services Coordinator Classification

D. Final Acceptance of Street and Sewer Improvements on 21-2392 Banana Avenue for Tract No. 18135

E. Business License Compliance Program 21-2406

F. Acceptance of Final Map for Parcel Map No. 20585 and 21-2409 Abandonment of a Certain Portion of Right of Way of Banana Avenue
Acceptance of Final Map for Parcel Map No. 20585 and Abandonment of a Certain Portion of Right of Way of Banana Avenue
Attachments: Parcel Map 20585.pdf
Land Improvement Agreement.pdf

Vicinity Map.pdf
G. Award a Construction Contract for the Blanchard Avenue 21-2417 Sidewalk Gap Project
Award a Construction Contract for the Blanchard Avenue Sidewalk Gap Project
18

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Attachments: Vicinity Map
Bid Results

Bid Detail
H. Approve a Contract with TA Mentoring Services LLC for the 21-2419 Noble Youth Program to be delivered at Fontana Expanded

Learning Program school sites.

Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.

Attachments: TA Mentoring Services FELP 23-24.pdf
FELP TA Mentoring Services Agreement 23-24.pdf

I. Approve a Contract EBK & Company LLC to provide and deliver 21-2420 the US Engineering League for the Fontana Expanded Learning Program.

Approve a Contract EBK & Company LLC to provide and deliver the US Engineering League for the Fontana Expanded Learning Program.

Attachments: USEL FELP Quote 2023_24.pdf
FELP EBK Agreement 23-24.pdf

J. Approve the purchase of Sandy Spin Inc. Skillastics Speed 21-2421 Stacks curriculum to be delivered at Fontana Expanded
Learning Program’s school sites.

Approve the purchase of Sandy Spin Inc. Skillastics Speed Stacks curriculum to be delivered at Fontana Expanded Learning Program’s school sites.

Attachments: Skillastics Quote.pdf
K. Approve the purchase ZTag curriculum to be delivered at 21-2422 Fontana Expanded Learning Program’s school sites.

Approve the purchase ZTag curriculum to be delivered at Fontana Expanded Learning Program’s school sites.

Attachments: ZTAGQuote-001083.pdf
L. Approve an Encroachment Agreement to Construct and 21-2423 Maintain Improvements Beneath the Etiwanda Avenue
Overpass
Approve an Encroachment Agreement to Construct and Maintain Improvements Beneath the Etiwanda Avenue Overpass
Attachments: Encroachment Agreement.pdf
Vicinity Map.pdf

M. Award bid for the Active Transportation Program (ATP) Safe 21-2424 Routes to School (SRTS) Pedestrian Improvements Project on 19

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Ramona, Alder, Locust Avenue Project [Federal ID No.

ATPSB1L-5307(027)] (Bid No. SB-67-DE-23).

Award bid for the Active Transportation Program (ATP) Safe Routes to School (SRTS) Pedestrian Improvements Project on Ramona, Alder, Locust Avenue Project [Federal ID No. ATPSB1L-5307(027)] (Bid No.

SB-67-DE-23).

Attachments: Vicinity Map.pdf
Bid Results.pdf

Bid Detail.pdf
N. Award a Contract for the Demolition of Slovene Hall. 21-2425 Award a Contract for the Demolition of Slovene Hall.

Attachments: Vendor Notification PW-24-SB-04.pdf
Interior Demolition Bid - PW-24-SB-04.pdf

Demolition.pdf
O. Award a Construction Contract for the Arrow Boulevard at 21-2426 Cypress Avenue Traffic Signal Project (Bid No. SB-162-DE-23).

Award a Construction Contract for the Arrow Boulevard at Cypress Avenue Traffic Signal Project (Bid No. SB-162-DE-23).

Attachments: Vicinity Map
Bid Results

Bid Detail
P. Award bid (SB-112-CS23) to Carreras Tours LLC., to provide 21-2427 bussing transportation for the Fontana Expanded Learning Program.

Award bid (SB-112-CS23) to Carreras Tours LLC., to provide bussing transportation for the Fontana Expanded Learning Program.

Attachments: Carreras Rates.pdf
Q. Approve a Task Order for Engineering Design Services for the 21-2430 Courtplace Housing Development Project (Infrastructure
Improvements)
Approve a Task Order for Engineering Design Services for the Courtplace Housing Development Project (Infrastructure Improvements) Attachments: Vicinity Map (Courtplace Housing Development Project).pdf
TKE Proposal & Fee Schedule (SQ-87-DE-19-58).pdf
Evaluation Form Tabulation (SQ-87-DE-19-58).pdf
R. Police Department Monthly Information Update 21-2432 Police Department Monthly Information Update

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Attachments: July 2023 Report for City Council Rev.pptx

S. Authorize the Purchase of a 570N EP Skip Loader from 21-2433 Sonsray Machinery.

Authorize the Purchase of a 570N EP Skip Loader from Sonsray Machinery.

Attachments: 8-23 Unit 14497 Case Skiploader Quote.pdf
Case Sourcewell.pdf

T. Authorize the Purchase of a Altec AT37G Aerial Truck. 21-2434 Authorize the Purchase of a Altec AT37G Aerial Truck.

Attachments: 8-23 Unit 11435 Altec Quote.pdf
Sourcewell Altec #110421.pdf

U. Approve Crossing Guard Service Agreement between Fontana 21-2439 Unified School District, Etiwanda School District, and the City of Fontana
Approve Crossing Guard Service Agreement between Fontana Unified School District, Etiwanda School District, and the City of Fontana Attachments: FUSD Xing Guard exp 2024.pdf
V. Award a Construction Contract for the S. Highland Avenue at 21-2441 Mango Avenue Traffic Signal Project (Bid No. SB-97-DE-23).

Award a Construction Contract for the S. Highland Avenue at Mango Avenue Traffic Signal Project (Bid No. SB-97-DE-23).

Attachments: Vicinity Map
Bid Results

Bid Detail
W. Award a Construction Contract for the Active Transportation 21-2442 Program (ATP) Fontana Safe Routes to School (SRTS) Gap
Closure Project [Federal ID No. ATPSB1L-5307(029)] (Bid No.

DE-24-SB-01).

Award a Construction Contract for the Active Transportation Program (ATP) Fontana Safe Routes to School (SRTS) Gap Closure Project [Federal ID No.

ATPSB1L-5307(029)] (Bid No. DE-24-SB-01).

Attachments: Vicinity Map
Bid Results

Bid Detail
X. Award a Construction Contract for the Alder Middle School Safe 21-2443 Routes to School (SRTS) Project on (Bid No. SB-146-DE-23).

Award a Construction Contract for the Alder Middle School Safe Routes to School (SRTS) Project on (Bid No. SB-146-DE-23).
21

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Attachments: Vicinity Map
Bid Results

Bid Detail

Y. Declaring Surplus Land - Property located at 14355 Foothill 21-2450 Boulevard
Declaring Surplus Land - Property located at 14355 Foothill Boulevard

Attachments: Attachment No. 1 - SLA Resolution Foothill Blvd Attachment No. 2 - Notice of Availability Surplus Land Foothill Blvd
Z. Award a Contract for the interior renovation for Stage RED 21-2452 Award a Contract for the interior renovation for Stage RED

Attachments: Attachment No. 1 - Notice Invitiing Sealed Bids

AA. Award of Contracts for Plan Review and Inspection Services 21-2453 For The Building & Safety Department.

Award of Contracts for Plan Review and Inspection Services For The Building & Safety Department.

Attachments: Evaluation Summary BS-24-05-SP.pdf
4 Leaf Proposal.pdf

BPR Proposal (1).pdf
Interwest Proposal (3).pdf
Willdan Proposal (4).pdf
Bureau Veritas Proposal (2).pdf
PUBLIC HEARINGS:

A. Public Hearing for Consolidated Annual Performance 21-2396 Evaluation Report (CAPER).

Mayor Warren opened the Public Hearing.

There was no written correspondences received.

Project Specialist, Mary Aguilar, provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member 22

Page 10 of 12 ends

Cothran to approve the following.

1. Conduct a public hearing for the Consolidated Annual Performance and Evaluation Report prepared for the U.S. Department of Housing & Urban Development to report on specific Federal housing assistance and community development activities undertaken by the C ity of Fontana during Fiscal Year 2022-2023; and

2. Authorize the City Manager to execute and transmit any documents necessary to submit the Consolidated Annual Performance, along with any comments received during the public hearing and public comment period, to the Department of Housing & Urban Development.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Cothran and passed unanimously by a vote of 5 -0 to approve staff recommendation on Public Hearing Item “A” . The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None

B. First Amendment to Disposition and Development Agreement 21-2472 (Arrow & Nuevo) with New Legacy Development Corp.

Attachments: FIRST AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT draft 08.29.2023.pdf

Mayor Warren opened the Public Hearing.

The were no written correspondences received.

Deputy City Manager, Philip Burum , provided the staff report and answered questions of the City Council.

City Council and staff discussed the current phase of the construction project.

With no one interested to sp eak in favor or opposition of this item Mayor Warren closed the public hearing.

ACTION: Motion was made by Mayor Pro Tem Garcia , seconded by Mayor Council Member Roberts, and passed by a vote of 3-2 to approve staf f recommendation on Public Hearing Item “B” . The motion carried by the following vote: AYES: Warren, Garcia, and Roberts; NOES: Cothran and Sandoval; ABSTAIN: None ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Ballantyne welcomed Deputy City Clerk Christina Rudsell and recognized Specialist to the Deputy City Clerk Susana Gallardo.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
23

Page 11 of 12 ends

A. Elected Officials Communications/Reports

City Treasurer Koehler -Brooks thanked the Community Services Department for their Above the Limits special needs program.

City Clerk Key discussed a recent 9/11 event and commended local business owners who succeeded in keeping their businesses open during the pandemic.

Mayor Pro Tem Garcia commended Fontana’s young student athletes and recognized small business owners for expressing their concerns with illegal street vendors.

Council Member Cothran stated that the City should be proud of all the vari ous items on tonight’s Consent Calendar.

Council Member Sandoval commended Community Services staff for providing event flyers in Spanish and wished his grandsons Christian and Francisco a happy birthday.

Council Member Roberts also recognized Fontana’s young student athletes and discussed concerns with illegal street vendor stating he looked forward to positive results with addressing the issue.

Mayor Warren congratulated the Council on the downtown revitalization effort, thanked staff for addressing the illegal street vendor issue, thanked Commissioner Armando Val les for the Church of Latter-Day Saint’s efforts with providing hygiene products for the homeless population.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting in memory of former San Bernardino County Administrative Officer Mark Herbert Uffer. The meeting adjourned at 8:25 p.m. to the next Regular City Council Meeting on September 26, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 26, 2023.

_______________________
24

Page 12 of 12 ends

Germaine Key
City Clerk

25 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2311 Agenda Date: 9/26/2023
Agenda #: B. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Second Amendment to the City Manager Employment Agreement between the City of Fontana and Matthew C. Ballantyne.

RECOMMENDATION:

Approve the Second Amendment to the City Manager Employment Agreement between the City of Fontana and Matthew C. Ballantyne.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction.

DISCUSSION:

Matthew C. Ballantyne has served as the City Manager for the City of Fontana since 2022. The City Council recently concluded its annual evaluation of Mr. Ballantyne and, as a result of that positive evaluation, recommended an extension of the City Manager’s employment term for an additional year, ending on April 17, 2028.

The Second Amendment, therefore, only extends the existing employment term, and there are no additional benefits conferred.

The accompanying amendment reflects this proposed modification.

FISCAL IMPACT:

None. The Second Amendment only extends the existing employment term, there are no additional benefits conferred.

MOTION:

Approve Staff Recommendation.

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SECOND AMENDMENT

TO CITY MANAGER EMPLOYMENT AGREEMENT

This Second Amendment City Man ager Employment Agreement (“Second Amendment”) is entered into on the execution date shown in the signature block below, and effective as of the 12
th day of September, 2023 (the “Effective Date”), between the City of Fontana (hereinafter referred to as the “City”) and Matthew C. Ballantyne (hereinafter referred to as “Employee”).

RECITALS

A. Whereas on April 13, 2022, City and Employee entered into that certain City Manager Employment Agreement to retain the services of Employee as City Manager ; and

B. Whereas on September 13, 2022, City and Employee entered into a First Amendment to the Agreement (both Agreement and its amendment are collectively referred to hereinafter as “Agreement”); and

C. Whereas, the City and Employee now wish to revise a specified section of the Agreement to modify a provision of the Agreement;

NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:

1. The first paragraph of Section I of the Agreement, entitled “Employment and Term,” is hereby amended, in its entirety, as follows:

I. Employment and Term.

The City hereby employs the Employee as City Manager for the City of Fontana. Unless otherwise extended by mutual agreement of the parties or terminated as provided herein, the term of this Agreement shall commence on April 18, 2022, and end on April 17, 2028, unless sooner terminated or extended by the City Council as set forth in the Agreement. In the event that the City Council determines that the Employee is not to be reemployed upon expiration of this Agreement, he shall be given written notice thereof by the City at least six (6) months in advance of the expiration of the term of this agreement. Should the City fail to give notice at least six (6) months prior to the end date of this Agreement, the Agreement shall be extended on the same terms for an additional period of one (1) year.

2. Continuing Effect of Agreement. Except as amended by this Second Amendment, all other provisi ons of the Agreement remain in full force and effect. From and after the date of this Agreement, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

27 Second Amendment to City Manager Employment Agreement September 12, 2023

Page 2 ends

IN WITNESS WHEREOF, the Par ties have executed this Second Amendment to City Manager Employment Agreement on the 12th day of September, 2023.

CITY MANAGER

__________________________________
Matthew C. Ballantyne, Employee

CITY OF FONTANA

__________________________________
Acquanetta Warren, Mayor

ATTEST:

___________________________________
Germaine McClellan Key, City Clerk

APPROVED AS TO FORM:

___________________________________
Ruben Duran, City Attorney
28 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2391 Agenda Date: 9/26/2023
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Police Facility Fence Installation Project RECOMMENDATION:

Accept as complete the work performed by J & A Engineering Corp. for the construction of the Police Facility Fence Installation Project (#37600021) and approve the final construction amount of $369,687.37 (SB-03-DE-23).

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On September 27, 2022, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (J & A Engineering Corp.) in the amount of $358,275.44 with a 10% contingency in the amount of $35,827.54 for the Police Facility Fence Installation Project (#37600021). The City of Fontana determined the need for the installation of wrought iron fencing and vehicular gates to control access near the Police Department (PD) and its parking facilities along Seville Avenue, between Wheeler Avenue and Emerald Avenue.

J & A Engineering Corp. completed construction of the project on June 30, 2023. The project was successfully completed for the final contract amount of $369,687.37, an increase of 3.19% from the original contract amount of $358,275.44 and $24,415.61 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

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POLICE FACILITY FENCE INSTALLATION PROJECTPROJECT LOCATION 30 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2402 Agenda Date: 9/26/2023
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Accept a Carbon Reduction Program (CRP) Grant for San Sevaine Trail Phase 1-Segment 2 Project RECOMMENDATION:

Approve and authorize the City Manager to accept the CRP Grant in the amount of $2,721,400 for the San Sevaine Trail Phase 1-Segment 2 Project, and authorize staff to request reimbursements to grant requirements.

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 focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

In February 2023, the City was notified by San Bernardino County Transportation Authority that Carbon Reduction Program Grant Funds were available. The City submitted an eligibility form for the San Sevaine Trail Phase 1-Segment 2 Project and in April 2023 the SCAG Regional Council approved $2,721,400 in CRP Funds for the project.

The San Sevaine Trail Phase 1-Segment 2 Project is a 1.25-mile long multi-user trail beginning at the Pacific Electric Trail in the City of Fontana to Banyan Street in the City of Rancho Cucamonga. The trail will be constructed along the west side of the Etiwanda Creek/San Sevaine Flood Control channel.

Staff requests that the City Council accept the grant and authorize staff to appropriate grant funds as required and request grant reimbursements as the project progresses.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in revenues and appropriations of $2,741,000 in Fund 301 for the San Sevaine Trail Phase 1-Segment 2 Project (PN 3345) and will be included in the 2023-2024 first quarter budget report.

MOTION:

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31 File #: 21-2402 Agenda Date: 9/26/2023
Agenda #: D. Category: Consent Calendar
Approve staff recommendation.

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32 REMOTE PARTICIPATION ONLY

PUBLIC ADVISORY
If members of the public wish to review the attachments or have any questions on any of the a genda item s, please contact Maggie Aguilar at (213) 63 0-1420 or via email at [email protected]. Agendas & Minutes are also available at:
https://scag.ca.gov/meetings-leadership.

SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of acc ommodation in o rder to participate in t his meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency’s essential pu blic information and services. You can re quest such assistance by calling (213) 630-1420. We request at least 72 hours (three days) notice to provide reasonable accommodations and will make every effort to arrange for assistance as soon as possible.

MEETING NO. 654

REGIONAL COUNCIL

Members of the Public are Welcome to Attend
In-Person & Remotely
Thursday, April 6, 2023
12:00 p.m. – 2:00 p.m.

To Attend In-Person:

SCAG Main Office - Regional Council Room
900 Wilshire Blvd., Ste. 1700
Los Angeles, CA 90017

SCAG Riverside Office – Suite 805
3403 10th Street
Riverside, CA 92501

To Watch or View Only:
http://scag.ca.gov/RCLiveStream

To Attend and Participate on Your Computer:
https://scag.zoom.us/j/249187052

To Attend and Participate by Phone:

Call-in Number: 1-669-900-6833
Meeting ID: 249 187 052

33 REPORT

Southern California Association of Governments
April 6, 2023

RECOMMENDED ACTION FOR TC:

Recommend that the Regional Council : 1) approve expedited programming of Fiscal Year 2021 -22 (FY2022) Carbon Reduction Program (CRP) fun ds for selected projects ; and 2) a uthorize Executive Director to make necessary adjustments to selected projects to meet eligibility criteria and other applicable requirements.

RECOMMENDED ACTION FOR RC:

Approve expedited programming of FY22 Carbon Reduc tion Program ( CRP) funds for selected projects. Authorize Executive Director to make necessary adjustments to selected projects to meet eligibility criteria and other applicable requirements.

STRATEGIC PLAN:

This item supports the following Strategic Plan Goal 1: Produce innovative solutions that improve the quality of life for Southern Californians . 7: Secure funding to support agency priorities to effectively and efficiently deliver work products.

EXECUTIVE SUMMARY:

The Carbon Reduction Program (CRP) i s a new program established by the Infrastructure Investment and Jobs Act (IIJA) and provides funding for transportation projects that reduce carbon dioxide emissions from on -road transportation sources. The Southern California Association of Governments ( SCAG) is responsible for the selection of CRP -funded projects in the SCAG region. SCAG staff is seeking RC approval for expediated project selection of Fiscal Year 2021-22 (FY2022) CRP funds. SCAG staff will subsequently develop program guidelines for the selection of CRP-funded projects for FY2023 through FY2026.

BACKGROUND:

CRP is a new program established by IIJA that provides over $6.4 billion nationally over a five -year period (FY2022 through FY2026) for projects designed to reduce carbon dioxide emis sions from on- To: Transportation Committee (TC)
Regional Council (RC)
EXECUTIVE DIRECTOR’S

APPROVAL

From: Warren Whiteaker, Department Manager
(213) 236-1810, [email protected]
Subject: Approval of Expedited Programming for FY22 Carbon Reduction Program (CRP)
Packet Pg. 5034

REPORT

road transportation sources. Under the program, each state is required to develop a Carbon Reduction Strategy by November 15, 2023, which identifies projects and strategies to reduce transportation emissions. The Carbon Reduction Strategy for California will be developed by the California Department of Transportation (Caltrans) in consultation with SCAG and other designated Metropolitan Planning Organizations (MPOs) within the State. Caltrans has indicated that the California Carbon Reduction Strategy will incorporate the following three pillars: 1) Rail and Transit, 2) Bike and Pedestrian, and 3) Zero-Emission Vehicles.

For each fiscal year, 65 percent of CRP funding apportioned to each state is required to be obligated in proportion to the r elative share of population in urban areas within the state. The remaining 35 percent of funds apportioned to each state for each fiscal year may be obligated in any area of the state. For FY2022, the SCAG region’s share of CRP funds is approximately $33.6 million, which needs to be obligated by September 30, 2025, and expended by September 30, 2030.

Expedited Selection of Projects to by Funded with FY2022 CRP Funds Due to the limited time to obligate FY2022 CRP funds, SCAG staff is recommending expeditate d project selection based on actions taken by the County Transportation Commissions (CTCs) within the SCAG region to advance eligible projects for FY2022 only. Specifically, the region’s CTCs have solicited projects for consideration of CRP funding and sub mitted to SCAG for approval. Based on available FY2022 CRP funding, and SCAG staff finding that the projects listed below further the State’s pillars for the California Reduction Strategy and align with regional transportation goals and objectives, SCAG staff recommend that the following projects be approved for FY2022 CRP funding:

Project Recommended FY2022
CRP ($ millions)
Imperial County
Installation of EV Charging Stations at Various Locations in Imperial County 0.4 Imperial County Total 0.4
Los Angeles County
Procurement of Battery Electric Buses, Charging Equipment, and Supporting Infrastructure 17.9 Los Angeles County Total 17.9
Orange County
Purchase of 40 Fuel Cell Electric Buses 5.7
Orange County Total 5.7
Riverside County
Interstate 15 Express Lanes Project Southern Extension (Preliminary Engineering Phase) 4.0 Riverside County Total 4.0
San Bernardino County
City of Redlands: Redlands Regional Connector Project 0.7 City of Highland: Highland Regional Connector Project 0.7 City of Fontana: San Sevaine Trail 2.7
San Bernardino County Total 4.1
Packet Pg. 5135

REPORT

Project Recommended FY2022
CRP ($ millions)
Ventura County
Microgrid for City of Thousand Oaks EV Bus Charging 1.0 Port of Hueneme North Terminal Shore Power System 0.4
Ventura County Total 1.4
SCAG Regional Total 33.6

Upon SCAG Regional Council approval, SCAG staff will work with the applicable CTCs to incorporate these projects into the 2023 Federal Transportation Improvement Program. During this process, the programmed CRP dollars above may be adjusted as necessary.

Selection of Projects to be Funded with FY2023 through FY2026 CRP Funds SCAG staff will return with program guidelines for the selection of projects for FY2023 through FY2026 CRP funding. SCAG has received preliminary concurrence from the Federal Highway Administration (FHWA) on a framework for the selection of the CRP projects within the SCAG region, which is modeled after the federal apportionment approach. Specifically, SCAG will use 65 percent of CRP funds (approximately $92 million for FY2023 through FY2026) fo r a CTC Partnership Program. County nomination targets 1 will guide the CTCs in the amount of funding requests that they submit to SCAG for project selection, including any CRP funds programmed for FY2022. SCAG will select projects based on the initial scre ening and prioritization by the CTCs and additional regional project evaluations. SCAG will select projects that advance regional and federal performance measures. CTCs will be encouraged to develop planning studies that support the implementation of Conne ct SoCal and serve as a roadmap for CRP projects. SCAG will use 35 percent of CRP funds (approximately $49 million for FY2023 through FY2026) to support a Regional Partnership Program, which is intended to identify, evaluate, and award CRP funding for regi onal or local pilots and partnership projects that achieve regional transportation goals and objectives.

FISCAL IMPACT:

Work associated with this item is included in the FY 2023 Overall Work Program (WBS No. 23 - 010.0170.01: RTP Amendments, Management, and Coordination and WBS No. 23 -030.0146.02:

Federal Transportation Improvement Program).

1 The CRP nomination targets will mirror the nomination targets established for the Surface Transportation Block Grant (STBG) Program approved by the RC on February 2, 2 023, as part of the STBG/CMAQ Compliance Action Plan.

Packet Pg. 5236
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2410 Agenda Date: 9/26/2023
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Declare City Property to be Public Right of Way and Accept the Property into the City Street System RECOMMENDATION:

Adopt Resolution No. 2023-097, declaring the Subject Property as public right of way, and pursuant to Section 1806 of the Streets and Highways Code, to be accepted by the City of Fontana into the City Street system
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 focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The City of Fontana’s approved Capital Improvement Program Budget includes the Downtown Parking Structure Project (“Project”). The Project is to construct a 4-tier parking structure within the existing parking lot of the City’s Human Resources Department Building located at 8491 Sierra Avenue, Fontana, CA 92335. An existing Southern California Gas main line located within the proposed footprint is in direct conflict with the new structure as shown in Figure 1. The proposed location of a replacement gas main, Library Drive (also known as Wheeler Ave), is currently City property but not public right of way. By declaring the property as public right of way, public utilities may access the property.

FISCAL IMPACT:

Library Drive is currently maintained as a City street. Declaring it public right of way will have no fiscal impact as it would continue to be maintained by the City.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

DECLARING PROPERTY TO BE PUBLIC RIGHT OF WAY AND
ACCEPTING THE PROPERTY INTO THE CITY’ STREET SYSTEM.

WHEREAS, on March 8, 2022, the City Council of the City of Fontana (“City) approved the ARPA Expenditure Plan which included the Downtown Parking Structure Project (“Project”) in the amount of $10.0 million in the Revenue Loss category; and

WHEREAS, on June 13, 2023, the City Council approved $5,000,000.00 of Capital Reinvestment Funds 601 for the Project; and

WHEREAS, on August 25, 2022, the City issued a Request for Qualifications (RFQ) for Design-Build Entities for the Project; and

WHEREAS, on August 7, 2023, the City awarded and authorized the City Manager to execute a design-build contract with Bomel Construction Company Inc. for the Project in the amount of $11,909,993.00, which includes a City-owned contingency in the amount of $900,000.00 (Bid No. SQ-24-DE-23-01); and

WHEREAS the City identified that a lack of public right of way (utility easement) along Library Drive. would prohibit public utility installation needed for the Project and other City facilities in the vicinity (the “Property”); and

WHEREAS the Property is more particularly described and shown in Exhibit “A” attached hereto and incorporated herein; and

WHEREAS, Streets and Highways Code section 1806 provides that the City Council, by resolution, may accept the Property into the City street system.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

Section 1. That the recitals set forth hereinabove are true and correct in all respects and are incorporated herein.

Section 2. The Property is hereby declared to be public right of way, and pursuant to Section 1806 of the Streets and Highways Code, is hereby accepted by the City of Fontana into the City street system.

Section 3. Pursuant to California Environmental Quality Act ("CEQA") Guidelines, Section 15004, the City's adoption of this Resolution is not a "Project" subject to CEQA because it merely states the City's desire to declare certain City property a public right - 38 Resolution No. 2023-XXX
2 of 2

of-way for future development projects and the City will take those measures required to assess potential environmental impacts of the use of said rights-of-way at a future date.

SECTION 4. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED 26th day of September 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 resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 26th day of September 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
39 Sheet 1 of 4
City Index No. 6244
APN: 0192-042-21
Recording Requested By
City of Fontana
When Recorded, Mail To:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Engineering Division
APN: 0192-042-21
Library Drive
No Recording Fee Required;
This Document is Exempt from
Fee Pursuant to Government
Code Section 27383
Documentary Tax Due: $ None
By:

EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Fontana, a Municipal Corporation (“Grantor”), does hereby dedicate on behalf of the PUBLIC, an EASEMENT to the CITY OF FONTANA, a Municipal Corporation for street, highway and public utility purposes over, under and upon the real property in the City of Fontana, County of San Bernardino, State of California described as follows:

Said Easement is more specifically described in EXHIBIT “A”, sheet 3 of 4 and shown on Plat EXHIBIT “B”, sheet 4 of 4, both attached hereto.

Grantor:

City of Fontana,
a Municipal Corporation
By: Matthew C. Ballantyne, City Manager Date
(Signatures must be Notarized, see Sheet 2 for All-Purpose Notary Acknowledgement) 40 Sheet 2 of 4
City Index No. 6244
APN: 0192-042-21

CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
State of California }
County of San Bernardino }
On before me, , Notary Public,

DATE NAME, TITLE OF OFFICER
personally appeared

NAME(S) OF SIGNER(S)
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 OF NOTARY PUBLIC

CITY OF FONTANA ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the Easement Deed or Grant Deed dated from the City of Fontana, a Municipal Corporation , to the City of Fontana, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution 91-152 of the City Council adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.

Gia Lam Kim, P.E.

City Engineer
City of Fontana
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 the document. 41 Sheet 3 of 4
City Index No. 6244
APN: 0192-042-21
EXHIBIT “A”
LEGAL DESCRIPTION:

APN: 0192-042-21
THE EASTERLY 23.95 FEET, OF THE WESTERLY 43.95 FEET WESTERLY, OF THE EASTERLY 906.62 FEET OF THE SOUTH 200.00 FEET OF BLOCK 17 OF TRACT NO. 2266, FONTANA TOWNSITE, IN THE CITY OF FONTANA, AS PER MAP RECORDED IN BOOK 32 OF MAPS, PAGES 43 THROUGH 53, INCLUSIVE, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

CONTAINING APPROXIMATELY 0.110 ACRES, 4,790 S.F.

SEE EXHIBIT “B”, PLAT TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY:

MARK WARE, P.L.S. 5820 DATE 09-05-23
42 43
Sheet 1 of 4
City Index No. 6245
APN: 0192-042-23
Recording Requested By
City of Fontana
When Recorded, Mail To:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Engineering Division
APN: 0192-042-23
Library Drive
No Recording Fee Required;
This Document is Exempt from
Fee Pursuant to Government
Code Section 27383
Documentary Tax Due: $ None
By:

EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Fontana Public Financing Authority (“Grantor”), does hereby dedicate on behalf of the PUBLIC, an EASEMENT to the CITY OF FONTANA, a Municipal Corporation for street, highway and public utility purposes over, under and upon the real property in the City of Fontana, County of San Bernardino, State of California described as follows:

Said Easement is more specifically described in EXHIBIT “A”, sheet 3 of 4 and shown on Plat EXHIBIT “B”, sheet 4 of 4, both attached hereto.

Grantor:

Fontana Public Financing Authority
By: Matthew C. Ballantyne Date
Title: Executive Director
(Signatures must be Notarized, see Sheet 2 for All-Purpose Notary Acknowledgement) 44 Sheet 2 of 4
City Index No. 6245
APN: 0192-042-23

CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
State of California }
County of San Bernardino }
On before me, , Notary Public,

DATE NAME, TITLE OF OFFICER
personally appeared

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 OF NOTARY PUBLIC

CITY OF FONTANA ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the Easement Deed or Grant Deed dated from the Fontana Public Financing Authority , to the City of Fontana, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution 91-152 of the City Council adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.

Gia Lam Kim, P.E.

City Engineer
City of Fontana
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 the document. 45 Sheet 3 of 4
City Index No. 6245
APN: 0192-042-23
EXHIBIT “A”
LEGAL DESCRIPTION:

APN: 0192-042-23
THE WESTERLY 23.95 FEET, OF THE SOUTH 67.60 FEET OF LOT 1 OF TRACT NO. 3390, IN THE CITY OF FONTANA, AS PER MAP RECORDED IN BOOK 44 OF MAPS, PAGE 86, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

CONTAINING APPROXIMATELY 0.037 ACRES, 1,619 S.F.

SEE EXHIBIT “B”, PLAT TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY:

MARK WARE, P.L.S. 5820 DATE 09-05-23
46 47
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48 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2465 Agenda Date: 9/26/2023
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Measure I Five-Year Capital Project Needs Analysis Amendment and Annual Adoption RECOMMENDATION:

Adopt Resolution No. 2023-098, approving an amendment to the Fiscal Years 2023/2024 - 2027/2028 Measure I Five Year Capital Project Needs Analysis (CPNA) and adopting the Measure I Five Year CPNA for Fiscal Years 2024/2025 - 2028/2029.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· 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 focusing on relief of traffic congestion.

DISCUSSION:

San Bernardino County Transportation Authority (SBCTA) is responsible for administering the San Bernardino County Measure I Program in which projects receive funding through the Local Pass- Through Program or Major Streets Program. The City of Fontana receives and utilizes funds through the two (2) Measure I Programs for transportation-related projects.

The Capital Project Needs Analysis (CPNA) List identifies the projects that will be funded by the Major Street Program with a five-year projection. Annually, SBCTA requires local jurisdictions to complete an update of these five-year programs identifying the projects to be funded. Projects include major roadway improvements such as Sierra Avenue Widening (Foothill Boulevard to Baseline Avenue), Foothill Boulevard Widening (Hemlock to Almeria Avenue), and Etiwanda Avenue/Slover Intersection Widening. The use of Major Street Program funds in the Measure I Program requires funds from the local Development Impact Fee to match at a ratio of 32.1%.

The projects named in the CPNA list are identified independently from the Local Pass-Through Program List referred to as the Five-Year Capital Improvement Program (CIP) List approved by the City Council on July 25, 2023.

FISCAL IMPACT:

City of Fontana Printed on 9/20/2023Page 1 of 2
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49 File #: 21-2465 Agenda Date: 9/26/2023
Agenda #: F. Category: Consent Calendar
Under the Measure I Program, there are two areas of funding for projects: the Local Pass-Through Program identified as Fund 246 and the Major Streets Program identified as Fund 245. The Local Pass-Through Program was approved by the City Council on July 25, 2023.

The Measure I Major Streets Program is reimbursed by SBCTA as work is completed. The required

32.1% match by the City will ultimately be funded by Development Impact Fees. The project budgets for the projects listed on the CPNA will be established as each individual project moves forward, providing full funding details.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/20/2023Page 2 of 2
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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 2023/2024 -
2027/2028 MEASURE I FIVE -YEAR CAPITAL PROJECT NEEDS

ANALYSIS AND ADOPTING THE MEASURE I FIVE -YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024/2025-
2028/2029.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County T ransportation 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 Project Needs Analysis; and

WHEREAS, 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 i n 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 approve Exhibit “A” Measure I Five-Year Capital Project Needs Analysis Amendment for Fiscal Years 2023/2024 - 2027/2028 and adopt Exhibit “B” Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 20 24/2025 through 2028/2029.

APPROVED AND ADOPTED this 26th day of September 2023.

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 51 Resolution No. 2023-___

Page 2 of 2 ends

duly and regularly adopted by the City Council at a regular meeting on the 26th day of September 2023, by the following to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk

52 Nexus Project Cost 10,759,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $144,116.00
Fund Type: MSI Arterial $ 99,139.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,977.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave. from Summit
Ave. to I-15 (36003378)
Current Total Project Cost
Estimate:
$400,000.00
Total Measure I Request:
$99,139.00
(Summation of Measure I)
Comments:

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 1
53 Nexus Project Cost 12,031,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $1,326,367.00
Fund Type: MSI Arterial $ 900,603.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 425,764.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $16,046,098.00
Fund Type: MSI Arterial $ 9,876,800.00 $ 1,018,500.00 $ - $ - $ - $ - $ - DEV FEE $ 4,669,298.00 $ 481,500.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave from Foothill
Blvd to Baseline Ave. (36003281)
Current Total Project Cost
Estimate:
$21,343,063.00
Total Measure I Request:
$11,795,903.00
(Summation of Measure I)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Comments:

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 2
54 Nexus Project Cost 13,826,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $413,614.00
Fund Type: MSI Arterial $ 280,844.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 132,770.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $1,430,000.00
Fund Type: MSI Arterial $ 970,970.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 459,030.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from Hemlock
to Almeria. (36003333)
Current Total Project Cost
Estimate:
$2,230,000.00
Total Measure I Request:
$1,251,814.00
(Summation of Measure I)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Comments:

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 3
55 Nexus Project Cost 8,069,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $452,195.00
Fund Type: MSI Arterial $ 307,040.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 145,155.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $10,888,071.00
Fund Type: MSI Arterial $ 5,256,598.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 2,485,077.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ 3,146,396.00 $ - $ - $ - $ - $ - $ - $13,147,629.00
Total Measure I Request:
$5,563,638.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Slover Ave. from Etiwanda
Ave to 800' e/o Etiwanda from 2
to 4 lanes(36003350)
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 4
56 Nexus Project Cost 1,000,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $620,000.00
Fund Type: MSI Arterial $ 420,980.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ 199,020.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $620,000.00
Total Measure I Request:
$420,980.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Citrus Ave. widening at SR -210
from 4 to 6 lanes (36000039)
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 5
57 Nexus Project Cost 4,707,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,918,800.00
Fund Type: MSI Arterial $ 1,302,865.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 615,935.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $3,900,000.00
Total Measure I Request:
$1,302,865.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate (36000042). Widen
Cherry Ave (Baseline Ave to So.

Highland Ave 4 to 6 lanes).

Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

Total Project Cost is for both
Cherry Ave (Baseline Ave to So.

Highland Ave) and Walnut Ave (I-
15 to San Servaine).

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 6
58 Nexus Project Cost 4,859,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,981,200.00
Fund Type: MSI Arterial $ 1,345,235.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 635,965.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $3,900,000.00
Total Measure I Request:
$1,345,235.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate (36000042). Widen
Walnut Ave ( I-15 to San Sevaine
2 to 4 lanes.)
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

Total Project Cost is for both
Cherry Ave (Baseline Ave to So.

Highland Ave) and Walnut Ave (I-
15 to San Servaine).

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 7
59 Nexus Project Cost 107,590,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ 67,900.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 32,100.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $770,000.00
Fund Type: MSI Arterial $ 522,830.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 247,170.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $870,000.00
Total Measure I Request:
$590,730.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Intersection Widening at Santa
Ana Ave./Juniper Ave. Santa Ana
and Juniper Ave TS (36000054)
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 8
60 Nexus Project Cost 9,708,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $16,495,336.00
Fund Type: MSI Arterial $ - $ 230,860.00 $ - $ - $ - $ - $ - DEV FEE $ - $ 109,140.00 $ - $ - $ - $ - $ - DEV FEE $ 1,900,000.00 $ - $ - $ - $ - $ - $ - OTHER $ 8,116,715.00 $ - $ - $ - $ - $ - $ - OTHER $ 5,840,000.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ 298,621.00 $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $16,495,336.00
Total Measure I Request:
$230,860.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from Citrus
Ave to Maple Ave from 4 to 6
lanes. Cypress Strom Drain
(37603361)
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

This project is being funded by
multiple funding sources. Fund
622 - Strorm Drain Fund has
allocated $8,116,715 and Fund
302 -ARPA has allocated
$5,840,000 forths project.

FINAL 2024-2028 Amended CPNA_.xlsx - Proj 9
61 Program Jurisdiction Public
Share Project Name Dev Loan? 5-Yr Advance NEXUS
Project Cost
Current Cost
Estimate
MI
Prior
MI
FY 23/24
MI
FY 24/25
MI
FY 25/26
MI
FY 26/27
MI
FY 27/28 MSI Future MI
Total
Proj 1 Valley Arterial Sub-Program City of Fontana 67.9% Widen Sierra Ave. f No No 10,759,000$ 400,000$ 99,139$ -$ -$ -$ -$ -$ -$ 99,139$ Proj 2 Valley Arterial Sub-Program City of Fontana 67.9% Widen Sierra Ave fr No No 12,031,000$ 21,343,063$ 10,777,403$ 1,018,500$ -$ -$ -$ -$ -$ 11,795,903$ Proj 3 Valley Arterial Sub-Program City of Fontana 67.9% Widen Foothill Blvd No No 13,826,000$ 2,230,000$ 1,251,814$ -$ -$ -$ -$ -$ -$ 1,251,814$ Proj 4 Valley Arterial Sub-Program City of Fontana 67.9% Widen Slover Ave. f No No 8,069,000$ 13,147,629$ 5,563,638$ -$ -$ -$ -$ -$ -$ 5,563,638$ Proj 5 Valley Arterial Sub-Program City of Fontana 67.9% Citrus Ave. widenin No No 1,000,000$ 620,000$ 420,980$ -$ -$ -$ -$ -$ -$ 420,980$ Proj 6 Valley Arterial Sub-Program City of Fontana 67.9% Westgate (3600004 No No 4,707,000$ 3,900,000$ 1,302,865$ -$ -$ -$ -$ -$ -$ 1,302,865$ Proj 7 Valley Arterial Sub-Program City of Fontana 67.9% Westgate (3600004 No No 4,859,000$ 3,900,000$ 1,345,235$ -$ -$ -$ -$ -$ -$ 1,345,235$ Proj 8 Valley Arterial Sub-Program City of Fontana 67.9% Intersection Wideni No No 107,590,000$ 870,000$ 590,730$ -$ -$ -$ -$ -$ -$ 590,730$ Proj 9 Valley Arterial Sub-Program City of Fontana 67.9% Widen Foothill Blvd No No 9,708,000$ 16,495,336$ -$ 230,860$ -$ -$ -$ -$ -$ 230,860$ Proj 10 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 11 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 12 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 13 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 14 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 15 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Name -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62 FAPD MI MAJ ST unlock is cpna
Developer Share Vlookup Sort
AgencyList DeveloperShareList PhaseList FundList ProjectProgramList MSIFund AgencyList DeveloperShareList DevLoan/5YrAdv - Select Jurisdiction - - Select Phase - - Select Fund - - Select Project Program - AutoFill - Select Jurisdiction - 0.0% -Select Yes/No- City of Adelanto 63.5% PSR CMAQ Valley Arterial Sub-Program MSI Arterial City of Adelanto 63.5% Yes Town of Apple Valley 55.0% PA&ED DEMO Valley Freeway Interchange Program MSI InterchangeCity of Chino 35.2% No City of Chino 35.2% PS&E DEV FEE Victor Valley Major Local Highway Program MSI MLHP City of Chino Hills 13.7% City of Chino Hills 13.7% ROW DEV LOAN City of Colton 43.6% City of Colton 43.6% CONST HBP City of Fontana 32.1%
City of Fontana 32.1% LPP City of Grand Terrace 39.9%
City of Grand Terrace 39.9% MI LOCAL ST City of Hesperia 58.9% City of Hesperia 58.9% MI VFI City of Highland 46.4%
City of Highland 46.4% OTHER City of Loma Linda 38.8%
City of Loma Linda 38.8% PUC City of Montclair 18.9%
City of Montclair 18.9% PROP 1B City of Ontario 44.4%
City of Ontario 44.4% RIV COUN City of Rancho Cucamonga 28.7% City of Rancho Cucamonga 28.7% RXR City of Redlands 23.1% City of Redlands 23.1% STP City of Rialto 40.9%
City of Rialto 40.9% STIP City of San Bernardino 32.4%
City of San Bernardino 32.4% TCRP City of Upland 48.3%
City of Upland 48.3% City of Yucaipa 30.9%
City of Yucaipa 30.9% San Bernardino County - Adelanto Sphere 63.0% San Bernardino County - Adelanto Sphere 63.0% San Bernardino County - Apple Valley Sphere 57.2% San Bernardino County - Apple Valley Sphere 57.2% San Bernardino County - Chino Sphere 36.7% San Bernardino County - Chino Sphere 36.7% San Bernardino County - Colton Sphere 37.2% San Bernardino County - Colton Sphere 37.2% San Bernardino County - Devore/Glen Helen Sphere 62.2% San Bernardino County - Devore/Glen Helen Sphere 62.2% San Bernardino County - Fontana Sphere 41.7% San Bernardino County - Fontana Sphere 41.7% San Bernardino County - Hesperia Sphere 41.5% San Bernardino County - Hesperia Sphere 41.5% San Bernardino County - Loma Linda Sphere 72.3% San Bernardino County - Loma Linda Sphere 72.3% San Bernardino County - Montclair Sphere 36.6% San Bernardino County - Montclair Sphere 36.6% San Bernardino County - Redlands Donut Hole 62.0% San Bernardino County - Redlands Sphere 35.5% San Bernardino County - Redlands Sphere 35.5% San Bernardino County - Redlands Donut Hole 62.0% San Bernardino County - Rialto Sphere 37.6% San Bernardino County - Rialto Sphere 37.6% San Bernardino County - San Bernardino Sphere 23.1% San Bernardino County - San Bernardino Sphere 23.1% San Bernardino County - Upland Sphere 38.7% San Bernardino County - Upland Sphere 38.7% San Bernardino County - Victorville Sphere 17.8% San Bernardino County - Victorville Sphere 17.8% San Bernardino County - Yucaipa Sphere 39.5% San Bernardino County - Yucaipa Sphere 39.5% Town of Apple Valley 55.0% 63 Nexus Project Cost 10,759,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $140,116.00
Fund Type: MSI Arterial $ 95,139.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,977.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave. from Summit
Ave. to I-15 (37603378)
Current Total Project Cost
Estimate:
$400,000.00
Total Measure I Request:
$95,139.00
(Summation of Measure I)
Comments:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 1
64 Nexus Project Cost 12,031,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $1,326,367.00
Fund Type: MSI Arterial $ 900,603.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 425,764.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $16,046,098.00
Fund Type: MSI Arterial $ 10,895,300.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 5,150,798.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Comments:

Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Sierra Ave from Foothill
Blvd to Baseline Ave. (37603281)
Current Total Project Cost
Estimate:
$21,343,063.00
Total Measure I Request:
$11,795,903.00
(Summation of Measure I)
FINAL of 2025-2029 New CPNA_.xlsx - Proj 2
65 Nexus Project Cost 13,826,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $413,614.00
Fund Type: MSI Arterial $ 280,844.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 132,770.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $1,430,000.00
Fund Type: MSI Arterial $ 970,970.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ 459,030.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Comments:

Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from Hemlock
to Almeria. (37603333)
Current Total Project Cost
Estimate:
$2,230,000.00
Total Measure I Request:
$1,251,814.00
(Summation of Measure I)
FINAL of 2025-2029 New CPNA_.xlsx - Proj 3
66 Nexus Project Cost 8,069,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $452,195.00
Fund Type: MSI Arterial $ 307,040.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 145,155.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $10,888,071.00
Fund Type: MSI Arterial $ 5,256,598.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 2,485,077.00 $ - $ - $ - $ - $ - $ - OTHER $ 3,146,396.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
(Summation of Measure I)
Comments:
$13,147,629.00
Total Measure I Request:
$5,563,638.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Slover Ave. from Etiwanda
Ave to 800' e/o Etiwanda from 2
to 4 lanes(37603350)
Current Total Project Cost
Estimate:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 4
67 Nexus Project Cost 1,000,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $620,000.00
Fund Type: MSI Arterial $ 420,980.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 199,020.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
(Summation of Measure I)
Comments:
$620,000.00
Total Measure I Request:
$420,980.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Citrus Ave. widening at SR -210
(37600039)
Current Total Project Cost
Estimate:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 5
68 Nexus Project Cost 4,707,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,918,800.00
Fund Type: MSI Arterial $ 1,302,865.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 615,935.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
(Summation of Measure I)
Comments:

Total Project Cost is for both
Cherry Ave (Baseline Ave to So.

Highland Ave) and Walnut Ave (I-
15 to San Servaine).
$3,900,000.00
Total Measure I Request:
$1,302,865.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate (37600042). Widen
Cherry Ave (Baseline Ave to So.

Highland Ave 4 to 6 lanes).

Current Total Project Cost
Estimate:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 6
69 Nexus Project Cost 4,859,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,981,200.00
Fund Type: MSI Arterial $ 1,345,235.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 635,965.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
(Summation of Measure I)
Comments:

Total Project Cost is for both
Cherry Ave (Baseline Ave to So.

Highland Ave) and Walnut Ave (I-
15 to San Servaine).
$3,900,000.00
Total Measure I Request:
$1,345,235.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Westgate (37600042). Widen
Walnut Ave ( I-15 to San Sevaine
2 to 4 lanes.)
Current Total Project Cost
Estimate:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 7
70 Nexus Project Cost 107,590,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ 67,900.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 32,100.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $770,000.00
Fund Type: MSI Arterial $ 522,830.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 247,170.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
(Summation of Measure I)
Comments:
$870,000.00
Total Measure I Request:
$590,730.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Intersection Widening at Santa
Ana Ave./Juniper Ave. Santa Ana
and Juniper Ave TS (37600054)
Current Total Project Cost
Estimate:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 8
71 Nexus Project Cost 9,708,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 67.9%
Dev. Share: 32.10%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $16,495,336.00
Fund Type: MSI Arterial $ 230,860.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 109,140.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,900,000.00 $ - $ - $ - $ - $ - $ - OTHER $ 8,116,715.00 $ - $ - $ - $ - $ - $ - OTHER $ 5,840,000.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ 298,621.00 $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
(Summation of Measure I)
Comments:

This project is being funded by
multiple funding sources. Fund
622 - Strorm Drain Fund has
allocated $8,116,715 and Fund
302 -ARPA has allocated
$5,840,000 forths project.
$16,495,336.00
Total Measure I Request:
$230,860.00
Capital Project Needs Analysis
City of Fontana
Valley Arterial Sub-Program
Widen Foothill Blvd from Citrus
Ave to Maple Ave from 4 to 6
lanes. Cypress Strom Drain
(37603361)
Current Total Project Cost
Estimate:

FINAL of 2025-2029 New CPNA_.xlsx - Proj 9
72 Program Jurisdiction Public
Share Project Name Dev Loan? 5-Yr Advance NEXUS
Project Cost
Current Cost
Estimate
MI
Prior
MI
FY 24/25
MI
FY 25/26
MI
FY 26/27
MI
FY 27/28
MI
FY 28/29 MSI Future MI
Total
Proj 1 Valley Arterial Sub-Program City of Fontana 67.9% Widen Sierra Ave. No No 10,759,000$ 400,000$ 95,139$ -$ -$ -$ -$ -$ -$ 95,139$ Proj 2 Valley Arterial Sub-Program City of Fontana 67.9% Widen Sierra Ave f No No 12,031,000$ 21,343,063$ ########## -$ -$ -$ -$ -$ -$ ########## Proj 3 Valley Arterial Sub-Program City of Fontana 67.9% Widen Foothill Blvd No No 13,826,000$ 2,230,000$ 1,251,814$ -$ -$ -$ -$ -$ -$ 1,251,814$ Proj 4 Valley Arterial Sub-Program City of Fontana 67.9% Widen Slover Ave. No No 8,069,000$ 13,147,629$ 5,563,638$ -$ -$ -$ -$ -$ -$ 5,563,638$ Proj 5 Valley Arterial Sub-Program City of Fontana 67.9% Citrus Ave. widenin No No 1,000,000$ 620,000$ 420,980$ -$ -$ -$ -$ -$ -$ 420,980$ Proj 6 Valley Arterial Sub-Program City of Fontana 67.9% Westgate (3760004 No No 4,707,000$ 3,900,000$ 1,302,865$ -$ -$ -$ -$ -$ -$ 1,302,865$ Proj 7 Valley Arterial Sub-Program City of Fontana 67.9% Westgate (3760004 No No 4,859,000$ 3,900,000$ 1,345,235$ -$ -$ -$ -$ -$ -$ 1,345,235$ Proj 8 Valley Arterial Sub-Program City of Fontana 67.9% Intersection Widen No No 107,590,000$ 870,000$ 590,730$ -$ -$ -$ -$ -$ -$ 590,730$ Proj 9 Valley Arterial Sub-Program City of Fontana 67.9% Widen Foothill Blvd No No 9,708,000$ 16,495,336$ 230,860$ -$ -$ -$ -$ -$ -$ 230,860$ Proj 10 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Nam -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 11 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Nam -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 12 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Nam -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 13 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Nam -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 14 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Nam -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Proj 15 - Select Project Program - - Select Jurisdiction - 100.0% - Add Project Nam -Select Yes/No- -Select Yes/No- -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 73 FAPD MI MAJ ST FAPD
Developer Share Vlookup Sort
AgencyList DeveloperShareList PhaseList FundList ProjectProgramList MSIFund AgencyList DeveloperShareList DevLoan/5YrAdv - Select Jurisdiction - - Select Phase - - Select Fund - - Select Project Program - AutoFill - Select Jurisdiction - 0.0% -Select Yes/No- City of Adelanto 63.5% PSR CMAQ Valley Arterial Sub-Program MSI Arterial City of Adelanto 63.5% Yes Town of Apple Valley 55.0% PA&ED DEMO Valley Freeway Interchange Program MSI InterchangeCity of Chino 35.2% No City of Chino 35.2% PS&E DEV FEE Victor Valley Major Local Highway Program MSI MLHP City of Chino Hills 13.7% City of Chino Hills 13.7% ROW DEV LOAN City of Colton 43.6% City of Colton 43.6% CONST HBP City of Fontana 32.1%
City of Fontana 32.1% LPP City of Grand Terrace 39.9%
City of Grand Terrace 39.9% MI LOCAL ST City of Hesperia 58.9% City of Hesperia 58.9% MI VFI City of Highland 46.4%
City of Highland 46.4% OTHER City of Loma Linda 38.8%
City of Loma Linda 38.8% PUC City of Montclair 18.9%
City of Montclair 18.9% PROP 1B City of Ontario 44.4%
City of Ontario 44.4% RIV COUN City of Rancho Cucamonga 28.7% City of Rancho Cucamonga 28.7% RXR City of Redlands 23.1% City of Redlands 23.1% STP City of Rialto 40.9%
City of Rialto 40.9% STIP City of San Bernardino 32.4%
City of San Bernardino 32.4% TCRP City of Upland 48.3%
City of Upland 48.3% City of Yucaipa 30.9%
City of Yucaipa 30.9% San Bernardino County - Adelanto Sphere 63.0% San Bernardino County - Adelanto Sphere 63.0% San Bernardino County - Apple Valley Sphere 57.2% San Bernardino County - Apple Valley Sphere 57.2% San Bernardino County - Chino Sphere 36.7% San Bernardino County - Chino Sphere 36.7% San Bernardino County - Colton Sphere 37.2% San Bernardino County - Colton Sphere 37.2% San Bernardino County - Devore/Glen Helen Sphere 62.2% San Bernardino County - Devore/Glen Helen Sphere 62.2% San Bernardino County - Fontana Sphere 41.7% San Bernardino County - Fontana Sphere 41.7% San Bernardino County - Hesperia Sphere 41.5% San Bernardino County - Hesperia Sphere 41.5% San Bernardino County - Loma Linda Sphere 72.3% San Bernardino County - Loma Linda Sphere 72.3% San Bernardino County - Montclair Sphere 36.6% San Bernardino County - Montclair Sphere 36.6% San Bernardino County - Redlands Donut Hole 62.0% San Bernardino County - Redlands Sphere 35.5% San Bernardino County - Redlands Sphere 35.5% San Bernardino County - Redlands Donut Hole 62.0% San Bernardino County - Rialto Sphere 37.6% San Bernardino County - Rialto Sphere 37.6% San Bernardino County - San Bernardino Sphere 23.1% San Bernardino County - San Bernardino Sphere 23.1% San Bernardino County - Upland Sphere 38.7% San Bernardino County - Upland Sphere 38.7% San Bernardino County - Victorville Sphere 17.8% San Bernardino County - Victorville Sphere 17.8% San Bernardino County - Yucaipa Sphere 39.5% San Bernardino County - Yucaipa Sphere 39.5% Town of Apple Valley 55.0% 74 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2467 Agenda Date: 9/26/2023
Agenda #: G. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2024 ABC Grant
RECOMMENDATION:

2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,990.00.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department

4. Approve to increase revenues and appropriation in the amount of $23,990.00 to project #40100003-301-A.

COUNCIL GOALS:
· Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.
· Improve public safety by utilizing other city programs to help reduce crime.

DISCUSSION:

The Alcoholic Beverage Control (ABC) has awarded the Fontana Police Department a grant in the amount of $23,990.00. Funds will be used to implement Minor Decoy operations, Shoulder Tap operations, general enforcement operations, IMPACT operations, and undercover operations at disorderly on-sale locations. Officers assigned to grant will conduct operations during off-duty hours and to be paid overtime based on policy. The grant operations will be conducted July 1, 2023 through June 30, 2024.

FISCAL IMPACT:

The City of Fontana will increase revenues in the amount of $23,990.00; and increase appropriations for expenditures in the amount of $23,990.00 in grant fund #301, project #40100003. Budget change City of Fontana Printed on 9/20/2023Page 1 of 2
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75 File #: 21-2467 Agenda Date: 9/26/2023
Agenda #: G. Category: Consent Calendar
forms will be submitted to the Budget Office during first quarter.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/20/2023Page 2 of 2
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77 Agreement Number: 23-APP16
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EXHIBIT A

SCOPE OF WORK

I. SCOPE OF WORK

• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.

• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspect ions. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drink ing and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2023 through June 30, 2024.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed busi nesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least five (5) Minor Decoy operations.

2. Conduct at least nine (9) Shoulder Tap operations, including the Statewide Shoulder Tap operation conducted by ABC.

3. Conduct at least ten (10) IMPACT operations.

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4. Conduct at least five (5) General Enforcement operations.

5. Conduct at least four (4) Task Force operations with Code Enforcement.

6. Conduct at least three (3) Roll Call trainings.

7. Conduct at least five (5) TRACE trainings.

8. Provide at least four (4) LEAD trainings.

9. Provide press/social media releases on grant enforcement activities.

A. T o announce the start of the program;
B. At the conclusion of each Min or Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

10. Co ntractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

11. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”

Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

III. PROJECT REPRESENTATIVES

The project representatives during the term of this agreement will be:

Fontana Police Department
Heather Howard Community Policing Tech.
17005 Upland Avenue
Fontana, CA 92335
(909) 356-7107
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]

Direct all fiscal inquiries to:

Fontana Police Department
Leona Kwan, Senior Administrative Analyst
17005 Upland Avenue
Fontana, CA 92335
(909) 356-7169
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
79 Agreement Number: 23-APP16
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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.

• Invoices shall clearly reference this contract number (23-APP16) and must not exceed the contract total authorized amount of $23,990.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834

• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023.

• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024.

• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.

• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.

• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.

• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs.

• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

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II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Corporal ($90/hour @ 90/hours) $8,100.00
Officer ($79/hour @ 160/hours) $12,640.00
TOTAL Personnel $20,740.00
B. Operating Expenses (receipts required)
Buy Money $500.00
TOTAL Operating $500.00
C. Equipment (receipts required, must be purchased by 12/31) Two-Way Radios $250.00
TOTAL Equipment $250.00
D. Travel Costs
Registration, lodging, per diem $2,500.00
TOTAL Travel $2,500.00
GRANT TOTAL $23,990.00
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III. BUDGET CONTINGENCY CLAUSE

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE

• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

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9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., ti t. 2, §1 1000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

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a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) 86 Agreement Number: 23-APP16
City of Fontana through the Fontana Police Department

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a que stion of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the
State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraud ulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the ot her party. Such
notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No pe nalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enfo
rceable only if adequate funds are appropriated
in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

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97 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2473 Agenda Date: 9/26/2023
Agenda #: H. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for August 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 August 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.

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98 POLICE DEPARTMENT

MONTHLY REPORT
August 2023
99 NOTEWORTHY EVENTS
• Fontana Police Department’s Traffic unit addressed multiple complaints at local schools due to school going back in session.
• Fontana Police Department Honor Guard assisted in funeral services for two Cal-Fire firemen. • Fontana Police hosted a blood drive.
• Fontana Police Lieutenant Dills hosted an Area Commander meeting in area 4. • Fontana Police Gang Unit and RRT seized multiple illegal firearms and narcotics. • Patrol responded to a report of a man with a gun at Sierra Lakes Golf Course resulting in an Officer Involved Shooting.
• COPE released information on the growing crime trend of “Bank Jugging” and did several on camera interviews with local TV stations.
• COPE hosted Playdate with the Police at Don Day Park.

KA1
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Slide 2
KA1 Kevin Anderson, 2/9/2021
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CITYWIDE
• Priority 1 response time- 4:56 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 10,327
• Total Traffic Accidents- 231
• Non-Injury- 178, Injury - 53
• Total arrests- 484
• Hispanic- 337, White- 60 , Black- 71, All others races- 16 • Total Group A Offenses- 796
• Crimes Against Persons- 207
• Crimes Against Property- 421
• Crimes Against Society- 168
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CITYWIDE• Crimes Against Person- 207
• Homicide- 1
• Sex Offenses- 11
• Assault- 190
• Kidnapping- 5
• Other- 0
• Crimes Against Property- 421
• Robbery- 13
• Burglary- 49
• Larceny- 174
• Destruction of Property- 34
• Fraud- 24
• Possession of Stolen Property- 48
• Motor Vehicle Theft- 57
• Other Miscellaneous Property Crimes- 22
• Crimes Against Society- 168
• Drug and Paraphernalia Possession- 124
• Possession of Child Pornography- 2
• Possession of Weapons- 42
• Other Miscellaneous Crimes- 0
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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
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BEAT 1

AREA COMMANDER IS LIEUTENANT KELLEN GUTHRIE
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 93
• Crimes Against Persons- 27
• Crimes Against Property- 56
• Crimes Against Society- 10
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BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 200
• Crimes Against Persons- 68
• Crimes Against Property- 116
• Crimes Against Society- 16
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BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 315
• Crimes Against Persons- 81
• Crimes Against Property- 155
• Crimes Against Society- 79
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Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 138
•Crimes Against Persons- 28
•Crimes Against Property- 90
•Crimes Against Society- 20
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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] 110
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2484 Agenda Date: 9/26/2023
Agenda #: I. Category: Consent Calendar
FROM:

Economic Development
SUBJECT:

Fontana Chamber of Commerce - Contract Renewal
RECOMMENDATION:

Approve and authorize the City Manager to execute a contractual services agreement between the City of Fontana and the Fontana Chamber of Commerce in the amount of $50,000.

COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion through strategic community partnerships.

DISCUSSION:

Staff recommends that the City Council approve the renewal of the contract with the Fontana Chamber of Commerce to continue providing vital support and serve as an extension to the Economic Development Department. This partnership will enable the City to further its commitment to fostering economic growth and prosperity within the City.

The terms of the agreement shall be from September 23, 2023, to June 30, 2025. The Parties shall have the option to renew up to two (2) successive one-year (1) terms.

FISCAL IMPACT:

The financial implications of this contract renewal are within the existing budget allocation for the Economic Development Department. Monetary compensation shall not exceed Fifty Thousand Dollars ($50,000) per year. The contract shall waive up to 4 (four) Temporary Use Permits per year for the sole purpose of job fair events.

MOTION:

Approve Staff Recommendation.

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AGREEMENT FOR SERVICES BETWEEN

THE CITY OF FONTANA AND

THE FONTANA CHAMBER OF COMMERCE
THIS CONTRACTUAL SERVICES AGREEMENT (hereinafter the "Agreement") is renewed as of September 23, 2023 (the "Renewal Date") by and between the City of Fontana (hereinafter “the City"), a municipal corporation, with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335, and the Fontana Chamber of Commerce (hereinafter “the Chamber"), a California nonprofit corporation, with its principal place of business at 8491 Sierra Avenue, Fontana, California 92335.

RECITALS

WHEREAS, the Chamber takes pride in investing in the economic growth and development of the city of Fontana. Established in 1914, the Chamber remains dedicated to seeking out new businesses while elevating active local establishments; and

WHEREAS, on July 1, 2022, the City entered into a commercial lease with the Chamber for the location of 8491 Sierra Avenue, Fontana, California 92335 for the sum of one-dollar ($1.00) per year for a term of three (3) years; the in-kind value of lease services provided by City of Fontana is $97,860 per year to the Fontana Chamber of Commerce and

WHEREAS, the City desires to engage the Chamber as a consultant that will serve as an extension to the City’s Economic Development Department. The Chamber will render services to attract, retain and engage new businesses in the matter as described in this Agreement, and

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement the Parties agree as follows:

ARTICLE 1. TERMS

1.1 General Scope of Services. The City hereby engages the Chamber, and the Chamber promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, incidental and customary work necessary to deliver the services described in Exhibit A “Scope of Services” (herein after “Services”) of this Agreement. The Chamber agrees to perform the Services in accordance with the terms and conditions of this Agreement and pursuant to all applicable local, state, and federal laws, rules, and regulations.

1.2 The City's Representative. The City hereby designates the City Manager to act as its representative under this Agreement ("City's Representative"). The City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The Chamber shall not accept direction or orders from any person other than the City's Representative or his or her designee.
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1.3 The Chamber's Representative. The Chamber hereby designates its Executive Director, or his or her designee, to act as its representative for the performance of this Agreement ("Chamber's Representative"). The Chamber's Representative shall have full authority to represent and act on behalf of the Chamber for all purposes of this Agreement. The Chamber's Representative shall supervise and direct all services performed under this Agreement, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all of the Services under this Agreement.

1.4 Term. The term ("Term") of this Agreement shall be from September 23, 2023, to June 30, 2025. The Parties shall have the option to renew this Agreement for up to two (2) successive one-year (1) terms, provided that the conditions set forth in Section 1.5 are met. Any such renewal must be mutually agreed upon by the Parties in writing.

1.5 Renewal. Prior to the commencement of a renewal pursuant to Section 1.4, the Chamber’s performance under this Agreement , and its compliance with the goals and objectives set forth therein, shall be reviewed and evaluated by the City’s Representative.

At the end of each fiscal quarter, the Chamber shall submit to the City’s Representative— with a copy to the City’s Economic Development Department—a quarterly report consistent with Section 2.2. The City Representative shall complete its review of the Chamber’s reports by June 30 of each fiscal year and shall make a determination as to whether the Chamber has met the goals and objectives established under this Agreement. Any renewal made pursuant to Section 1.4 is conditioned upon a determination, by the City Representative, that the goals and objectives prescribed herein have been met. Following the City Representative’s review and assessment of the Chamber’s quarterly reports, the City Representative shall notify the Chamber’s Representative of the City’s decision and desire to renew.

ARTICLE 2. RESPONSIBILITIES OF THE CHAMBER

2.1 Services—General. The Chamber shall work closely and cooperate fully with the Economic Development Department to host job fairs, business trainings, community programs, business seminars, business leads and employer/employee workshops for Fontana residents. The Chamber shall report its progress in connection to these efforts pursuant to Section 2.2 of this Agreement.

2.2 Quarterly Report. Every fiscal quarter, the Chamber shall submit to the City Representative—with a copy to the City’s Economic Development Department — a written report ("Quarterly Report") detailing the progress of the Chamber’s performance. The Quarterly Report shall be due on or before the fifteenth (15th) day of each fiscal quarter and shall include a detailed summary of the activities performed and the activities planned as it relates to the Services described in Exhibit A. The report shall also identify all quantifiable milestones, goals and outcomes for each program planned and implemented in connection with this Agreement.

The City may, in its sole and absolute discretion, approve or deny payment of compensation to the Chamber (as described herein) based on the Quarterly Report. The City's review of the Quarterly Report shall be conducted by the City Representative or his or her designee.

2.3 Accounting Records. The Chamber shall maintain and complete accurate financial records, including but not limited to, receipts and disbursements, with respect to 113

all costs and expenses incurred by the Chamber during the Term of this Agreement. All such records shall be clearly identifiable. The Chamber, upon the City's request, shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.

2.4 Political Activities. The Chamber shall not use any funds received under this Agreement to fund any local municipal election issue or candidate.

2.5 The Chamber's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Chamber shall be responsible for all costs and expenses incurred relative to the Chamber, its personnel and its subcontractors in connection with the Services performed under this Agreement, including, and without limitation to, the payment of salaries, fringe benefits, contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses.

2.6 Independent Contractor. The Services to be performed under this Agreement, shall be performed by the Chamber or under the Chamber’s supervision. The Chamber shall determine the means, methods and details of performing such services subject to the requirements of this Agreement. The Chamber represents that it possesses the professional and technical personnel required to perform under t his Agreement . The City retains the Chamber as an independent contractor and not as an employee of the City. All personnel performing on behalf of the Chamber shall at all times be under the Chamber's exclusive direction and control.

2.7 Personnel Licenses. The Chamber represents and warrants that it and all personnel engaged in performing the Services as described herein are, and shall continue to be, fully qualified, authoriz ed and permitted under state and local law to perform such services under this Agreement. The Chamber represents and warrants that it and all personnel, including subcontractors, engaged in performing the Services have, and shall maintain, all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services described under this Agreement.

2.8 Conformance to Applicable Requirements. The Chamber shall conform to all applicable city, county, state, and federal laws, rules, and regulations in effect at the time the services are provided. All Services shall be subject to approval of the City. The Chamber shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting its performance under this Agreement , including all Cal/OSHA requirements, and shall give all notices required by law. The Chamber shall be liable for all violations of such laws and regulations in connection with its performance under this Agreement. If the Chamber perform s any work knowing it to be contrary to such laws, rules, and regulations, the Chamber shall be solely responsible for all costs arising therefrom. If the Chamber performs any work without giving written notice to the City, the Chamber shall be solely responsible for all costs arising therefrom. The Chamber shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or failure to comply with such laws, rules or regulations. 114

ARTICLE 3. RESPONSIBILITIES OF THE CITY.

3.1 Cooperation. The City shall cooperate with the Chamber relative to the provisions of this Agreement . To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by the Chamber as it relates to the Chamber’s performance under this Agreement and shall make that information and related data available for the Chamber's use during the performance of this Agreement.

ARTICLE 4. COMPENSATION.

4.1 Compensation. In consideration of the Services performed by the Chamber, the City shall pay to the Chamber a sum of Fifty Thousand Dollars ($50,000.00) per year and waive up to four (4) Temporary Use Permits per year. Temporary Use Permits waivers will be applied to event services performed. Payments will be made in quarterly installments of Twelve Thousand Five Hundred Dollars ($12,500.00) pursuant to Section

4.3 for the Term of this Agreement.

In no event shall compensation under this Agreement exceed the compensation set forth herein without the City's prior written approval. The Chamber shall send the City a quarterly invoice requesting payment for the aforementioned amount before payment may be made by the City.

The City may provide to the Chamber materials, services, and equipment in partial or total satisfaction of any monetary compensation due herein. The value of such equipment, materials and services shall be as agreed upon in writing prior to execution.

4.2 Reimbursements. The Chamber shall not be reimbursed for any expenses unless authorized in writing by the City.

4.3 Payment of Compensation. The Chamber shall submit invoices to the City on a quarterly basis for the payment of Compensation as described in Section 4.1, together with the Chamber’s Quarterly Report. The City shall make payment to the Chamber within thirty (30) days following the receipt of the invoice. The City may, in its sole and absolute discretion, withhold payment of compensation should the Chamber fail to provide the City with any Quarterly Report required under Section 2.2.

ARTICLE 5. GENERAL PROVISIONS.

5.1 Termination of Agreement. Either Party may, by written notice to the other Party, terminate this Agreement at any time and without cause by giving written notice to the non-terminating Party of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. Upon termination, the

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Chamber shall be compensated only for those Services rendered to the City, and the Chamber shall be entitled to no further compensation.

5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

Chamber: Fontana Chamber of Commerce
8491 Sierra Avenue
Fontana, California 92335
Attn: Executive Director

City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager

With Copy to: Best, Best & Krieger
2855 E. Guasti Road, Suite 400
Ontario, California 91761

Such notice shall be deemed made when personally delivered or within forty-eigh t (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

5.3 The Ralph M. Brown Act. The Parties do not intend, by executing this Agreement, to create a relationship which subjects the Chamber to the Brown Act. The Parties hereby acknowledge that the Chamber may be subject to the Brown Act if it receives funds from the City and any City Council Member is appointed by the Council to the Chamber’s governing body as a full voting member, however, no such appointment is intended under this Agreement or anticipated in the future. (See Gov. Code, § 54952, subd. (c)(1)(B).) . The Chamber shall
keep itself fully informed of and in compliance with the Brown Act, to the extent it is applicable.

5.4 Documents & Data Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by the Chamber under this Agreement (Documents & Data). The Chamber shall require all subcontractors to agree in writing that the City is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

The Chamber represents and warrants that the City has the legal right to license any and all Documents & Data. The Chamber makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals not subcontracted by the 116

Chamber or provided to the Chamber by the City. The City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the City's sole risk.

5.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information and other Documents and Data either created by or provided to the Chamber in connection with the performance of this Agreement shall be held confidential by the Chamber. Such materials shall not, without prior written consent of City, be used by the Chamber for any purposes other than the performance of the services under this Agreement, n or shall such materials be disclosed to any person or entity not connected with the performance of the s ervices, subject to the limitations of the California Public Records Act . Nothing furnished to the Chamber that is otherwise generally known, has become known, or is related to the industry shall be deemed confidential. The Chamber shall not use the City's name or insignia, photographs of any product of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

5.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional actions as may be necessary and appropriate to attain the purposes of this Agreement.

5.7 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.

5.8 Professional Liability. At all times during the performance of the work under this Agreement the Chamber shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Chamber. “Cove red Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

Minimum Policy Requirements:
(i) Insurance limits are required for the Agreement:
a. Commercial General Liability
i. $1,000,000 per occurrence / $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
b. Automobile Liability for bodily injury and property damage including coverage for owned, non-owned and hired vehicles
i. $1,000,000 per occurrence
c. Workers’ Compensation in compliance with applicable statutory requirements and Employer’s Liability
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i. $1,000,000 per occurrence
d. Professional Liability
i. $1,000,000 per claim and aggregate (errors and omissions) ii.
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

All subcontractors shall meet the requirements of this Section before commencing Work.

Contractor shall furnish separate certificates and endorsements for each subcontractor.

Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

5.9 Indemnification. To the fullest extent permitted by law, Chamber agrees to indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its
elected and appointed officials, officers, employees , agents, and volunteers (each an “Indemnified Party”) from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type, expressly including but not limited to those arising from bodily injury (including death) or property damage, arising out of or resulting from any act or omission to act by the Chamber or the Chamber's agents, officers, employees, subcontractors, or independent consultants hired by the Chamber under this Agreement. The Chamber's obligations apply regardless of whether or not liability is caused or contributed to by the negligence (including passive negligence) or other act or omission of an Indemnified Party. The acceptance or approval of the Chamber's work by an Indemnified Party shall not relieve or reduce the Chamber's indemnification obligation. The Chamber shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, agents, employees or representatives. The provisions of this Section shall survive completion of the work under this Agreement or the termination of this Agreement and are not limited by the provisions relating to insurance.

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5.10 Entire Agreement. This Agreement contains the entire agreement of both parties with respect to the subject matter hereof, and supersedes all prior negotiations, understanding, and or agreements. This Agreement may only be modified by a writing signed by both Parties.

5.11 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be designated as San Bernardino County.

5.12 Time of Essence. Time is of the essence for each and every provision of this Agreement.

5.13 Successors and Assigns. This Agreem ent shall be binding on the successors and assigns of the Parties and shall not be assigned by the Chamber without the prior written consent of City.

5.14 Assignment or Transfer. The Chamber shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so s hall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.

5.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for perform ance shall be deemed calendar days and not workdays. All references to the Chamber shall include all personnel, employees , agents, and subcontractors of the Chamber, except as otherwise specified in this Agreement. All references to the City include their respective directors, elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

5.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

5.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.18 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

5.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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5.20 Prohibited Interests. The Chamber maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for the Chamber, to solicit or secure this Agreement. Further, the Chamber warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for the Chamber, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement or obtain any present or anticipated material benefit arising therefrom.

5.21 Non -discrimination. The Parties represents that they are equal opportunity employers, and shall not discriminate against any subcontractor, employee or applicant for employment in any way, against any person, on the ground of race, color, national origin, religion, religious creed, age, sex and gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expres sion, disability (mental and physical), medical condition, genetic information, marital status, or military and veteran status, nor exclude any person from participation in, or deny any person the benefits of, participation in any events or activities related to this Agreement.

5.22 Authority to Enter Agreement. the Parties warrant that the individuals who have signed this Agreement have the legal power, right, and authority to enter this Agreement and bind each respective Party.

5.23 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same fully executed instrument.

[Signatures on following pages]

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City of Fontana
City Manager, Matthew C. Ballantyne

__________________________________________

Date:

___________________________

APPROVED AS TO FORM
By:
___________________________________
Ruben Duran
City Attorney
City of Fontana

Fontana Chamber of Commerce

__________________________________________

Date:

__________________________

121

EXHIBIT A
Scope of Services

BUSINESS ATTRACTION / RETENTION SERVICES
The Chamber shall provide relocation information to prospective businesses interested in relocating to Fontana and assist such businesses with business development and workforce educational services.

The Chamber shall provide list of relocation business leads to the Economic Development promptly, to ensure timely follow up by Economic Development staff.

The Chamber shall market all economic development and business resources provided by the city on print, web, and social media channels.

The Chamber shall provide use of its facilities and necessary equipment to the City Economic Development department for small business development trainings, workshops or meetings. Space shall be appropriately scheduled and shall be provided based upon Chamber hours of operation and subject to availability.

The Chamber shall partner with the City to host and coordinate business activities, including but not limited to Grand Opening/Ribbon Cutting ceremonies, business mixers, new member luncheons , industry sector events and Chamber board meetings. The Chamber shall partner with the City to co- brand all aforementioned events.

The Chamber shall provide business mentorship program s, business education training, job placement services , business email marketing training, online business directory and a monthly newsletter to Fontana Businesses.

The Chamber shall, on the Chamber of Commerce website:

- Include a link to the City’s Official Website.
o Promote the City’s economic development programs by October 1, 2023. o Promote the City’s community events calendar by October 1, 2023 o List the City as a Title Partner on website and event programs by October 1, 2023. o On-going maintenance and updates of Manufacturing Council / Visitor Pages.

The Chamber shall assist the City to plan and promote the following city initiatives:
- Mayor’s Education Coalition (Workforce Development)
- Mayor’s Manufacturing, Transportation, Logistics Council - Downtown Revitalization (Retail / Entertainment)
Assistance shall include:
- Promotion to invitees and board members
- Dedicated page on Website
- Promotion in on newsletter, email blasts, and collateral

COMMUNITY / BUSINESS EVENTS
The Chamber shall host an Annual Business Gala and Installation Dinner recognizing Fontana businesses, the City shall:
- Be recognized and listed as Title Sponsor.
- Receive twenty (20) complimentary tickets for City Officials, staff, and guests.

The Chamber shall host a Monthly Business Networking and Education Luncheon; the City shall:
- Be allocated time to speak during business networking events and luncheon to attendees to promote city services, updates, etc.
- Receive ten (10) complimentary tickets for City Officials, staff, and guests 122

The Chamber shall host a Manufacturing Day event to showcase a local Manufacturers; the City shall:
- Be allocated time to speak to attendees to promote the successes of manufacturing within the city
- Chamber to c ollaborative with Economic Development on a proclamation submittal to recognize Manufacturing Day at a City Council Meeting
- Receive five (5) complimentary tickets for City Officials, staff, and guests

The Chamber shall host the Fontana Business Awards showcasing the advancement of small businesses within the business community, where the City shall:
- Be allocated time to speak to attendees to promote the successes of small businesses & entrepreneurs within the city
- Chamber to collaborative with Economic Development on a proclamation submittal to recognize Business Month at a City Council Meeting
- Receive ten (10) complimentary tickets for City Officials, staff, and guests

The Chamber shall host Bi-Annual Board of Directors Business Retreat to reconnect board members, engage advisory committees, and contribute to the mission of the Chamber, where the City shall:
- Receive three (3) tickets for City Officials, the City Manager or City Manager designee to attend, which shall include meals, events, and meetings. - The City will cover travel expenses and accommodations separate from the contract

REPORTING
The Chamber shall provide quarterly reports that include quantitative metrics for the following:
- Number of Jobs Referred to local Fontana Residents and Businesses. - Conversion Number of Residents / Non -residents placed into jobs in local Fontana Businesses.
- Number of local Fontana Businesses featured at Monthly Job Fairs. o Provide List of Businesses.
- Number of New Business Leads from new business opportunities to Economic Development.
- Number of New Business Membership registered with the Chamber. - Number of Ribbon Cutting Ceremonies held by the Chamber. - Number Business Surveys distributed by the Chamber and survey results report to Economic Development for the development of new programming. - Number of Local Meetings Attended related to business attraction or business retention efforts by the Chamber for new business leads, industry events, community events. - Number of Visitors seeking lodging, shopping, dining, entertainment information from the Chamber.

The Chamber shall exchange data files for business outreach to the City:
- Chamber Membership list to include new chamber members (including contact information, address, email, industry, membership start date)

The in-kind value of services provided by the Fontana Chamber of Commerce is $100,000 per year to the City of Fontana. 123
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2502 Agenda Date: 9/26/2023
Agenda #: J. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Authorize City to enter into Regional Contract with the Inland Empire Utilities Agency (IEUA) RECOMMENDATION:

Authorize the City to enter into a regional contract with the Inland Empire Utilities Agency (IEUA) for the transmission, treatment, and disposal of sewage delivered by contracting agencies.

COUNCIL GOALS:
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

There are seven contracting agencies (Chino, Chino Hills, Cucamonga Valley Water District, Fontana, Montclair, Ontario, and Upland) that send their sewage to IEUA for treatment and disposal.

The treatment and disposal includes the conversion of the effluent into recycle water. This relationship is governed by a regional contract that expired January 2, 2023.

Prior to January 2023, the agencies attempted to negotiate terms for a new agreement. In lieu of an agreement, IEUA adopted an ordinance to govern the existing relationship between the IEUA and its contracting agencies. Recently, IEUA set a deadline of September 30th for agencies to consider the latest draft agreement which provides greater benefits than the adopted ordinance. As such, the agreement seeks to maintain the previous service contract provisions and amendments that have been in place since 1972.

FISCAL IMPACT:

The City serves as a pass through for sewer fees to the IEUA. Any rate increases are adopted by the IEUA Board and the City conducts the Proposition 218 public hearing process on their behalf.

Although there is minimal fiscal impact adopting this agreement, one provision does remove in the one-time extra territorial connection fee ($3,600) that is charged to new developments in Fontana that are located just outside of IEUA’s boundaries but are served by IEUA.

MOTION:

Approve Staff Recommendation.

City of Fontana Printed on 9/21/2023Page 1 of 1
powered by Legistar™
124

Regional Sewage Service Contract
With Exhibits
Dated _______, 2023

125
Table of Contents
i

SECTION 1 - DEFINITIONS ....................................................................................................2 SECTION 2 - RIGHTS AND OBLIGATIONS ..........................................................................8 SECTION 3 - COMMUNITY SEWER SYSTEMS ....................................................................8 SECTION 4 - RESERVED ........................................................................................................8 SECTION 5 - REQUESTS FOR REGIONAL INTERCEPTORS AND WASTEWATER TREATMENT PLANTS .....................................................................................8 SECTION 6 - REGIONAL SEWERAGE SYSTEM; PROHIBITED DISCHARGES .............. 10 SECTION 7 - REGIONAL PRETREATMENT PROGRAM ................................................... 12 SECTION 8 - RESERVED ...................................................................................................... 12 SECTION 9 - CAPITAL FINANCING OF REGIONAL SEWERAGE SYSTEM ................... 12 SECTION 10 - FORECASTING AND PLANNING ................................................................ 18 SECTION 11 - AVAILABILITY OF REGIONAL SYSTEM; IEUA’s PEFORMANCE ......... 21 SECTION 12 - EXTRA-TERRITORIAL SEWER SERVICE .................................................. 22 SECTION 13 - DELIVERY POINTS: CONNECTION COSTS .............................................. 23 SECTION 14 - DETERMINATION OF SEWAGE DELIVERIES: COSTS OF MEASURING EQUIPMENT ........................................................................... 24 SECTION 15 - CONTROL, PRODUCTION, AND DISPOSITION OF RECYCLED WATER ............................................................................................................ 25 SECTION 16 - RESERVED .................................................................................................... 28 SECTION 17 - SERVICE CHARGES FOR MAINTENANCE AND OPERATION OF THE REGIONAL SEWERAGE SYSTEM ....................................................... 28 SECTION 18 - RESERVED .................................................................................................... 30 SECTION 19 - REGIONAL SEWERAGE SYSTEM BUDGETS ............................................ 30 SECTION 20 - BILLING AND PAYMENT OF SERVICE CHARGES .................................. 32 126
Table of Contents
(continued)

SECTION 21 - RESERVED .................................................................................................... 34 SECTION 22 - RESERVED .................................................................................................... 34 SECTION 23 - GRANTS AND FINANCIAL ASSISTANCE .................................................. 34 SECTION 24 - REGIONAL POLICY COMMITTEE .............................................................. 35 SECTION 25 - REGIONAL TECHNICAL COMMITTEE ...................................................... 36 SECTION 26 - DISPUTE RESOLUTION ............................................................................... 37 SECTION 27 - EFFECTIVE DATE OF CONTRACT ............................................................. 38 SECTION 28 - TERM OF CONTRACT .................................................................................. 38 SECTION 29 - RENEWAL ..................................................................................................... 39 SECTION 30 - AUTHORIZATION AND EXECUTION OF SEWAGE SERVICE CONTRACT ..................................................................................................... 40 SECTION 31 - NOTICE .......................................................................................................... 41 SECTION 32 - PARTIAL INVALIDITY ................................................................................. 42 SECTION 33 - INCORPORATION OF RECITALS ................................................................ 42 SECTION 34 - COUNTERPARTS .......................................................................................... 42

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RECITALS

A. WHEREAS, the parties previously entered into that certain Chino Basin Regional Sewage Contract, dated as of January 2, 1973, and amended April 12, 1984 and October 19, 1994; and B. WHEREAS, said contract provided an effective term of 50 years and lapsed on January, 2, 2023; and
C. WHEREAS, the parties wish to enter into a new Regional Sewage Service Contract effective immediately; and
NOW THEREFORE, the parties agree as follows:

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SECTION 1 - DEFINITIONS
Unless otherwise required by the context, various terms used in this Contract , including the recitals, shall have the meanings set forth in this section. The singular number includes the plural and the plural the singular.
“Acquire” or “Acquisition” means to acquire or make the acquisition of one or more of the following:

A. Fee simple title to land.

B. Any interest in land by deed, easement, lease, sublease, contract or otherwise.

C. Title to or any interest in any existing facilities located upon land.

D. Interests or capacity rights in any land or facilities owned by others. “Capacity Demand ” means the volume and strength (i.e., biochemical oxygen demand and suspended solids) of sewage discharged from the Community Sewer System of a Contracting Agency into the Regional Sewerage System.
“Capital Capacity Reimbursement Account ” means the accounts established and maintained by the Contracting Agencies and to which are deposited or credited Capital Capacity Reimbursement Payments.
“Capital Capacity Reimbursement Payment ” means a deposit or credit made to the Capital Capacity Reimbursement Account of a Contracting Agency for new connections to its Community Sewer System.
“Chino Basin” means that area underlain by the Chino and Cucamonga groundwater basins and that portion of the Claremont Heights groundwater basin within San Bernardino County which groundwater basins are described in Bulletin No. 53 of the California Division of Water Resources, dated March, 1947, and entitled “ South Coastal Basin Investigation - Overdraft on Groundwater Basins.”
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“Commercial Unit” means a building, establishment or premises where businesses selling goods or providing professional or other ser vices to the public or governmental offices are or will be located.
“Community Sewer System ” means all facilities owned, controlled or operated by a S ewage Collection Agency for the purpose of collecting and conducting sewage to a Delivery Point , including collector sewers conducting sewage from the originating premises, trunk sewers conducting sewage from tributary collector sewers or other trunk sewers and any facilities appurtenant to the foregoing.
“Contracting Agency” means any Sewage Collection Agency located, in whole or in part, within the boundaries of IEUA which has entered into this Regional Sewage Service Contract with IEUA. "Demand Deficit ” means the difference between the aggregate total Forecasted Demand of a Contracting Agenc y and the total aggregate Equivalent Dwelling Units connected to its Community Sewer System during an eight -year period commencing with the fifth fiscal year preceding the fiscal year for which IEUA is at the time of the determination of such difference preparing a Ten-Year Sewer Capital Forecast, and including the initial three fiscal years of such Ten-Year Sewer Capital Forecast.
“Delivery Point” means the transfer point at which Sewage is delivered from a Community Sewer System into the Regional Sewerage System.
“Dispose” or “Disposal” means any process or method for the elimination or beneficial use of Sewage and any Effluent or solid waste residuals thereof, including exportation from the Chino Basin.
“Effluent” means the liquid outflow at the discharge point of any Regional Treatment Plant. “Equivalent Dwelling Unit ” or “EDU” means a measure of sewage flow equivalent in quantity and strength to the daily flow of an average single -family household determined by resolution of the Board of Directors of IEUA and referred to as Exhibit “J” hereto. 130

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“Expansion” means the acquisition or construction of new facilities for the Regional Sewerage System and the making of any replacements, betterments, additions or extensions of the Regional Sewerage System.
“Facilities” means any pipelines, buildings, structures, works, improvements, fixtures, machinery, equipment, or appliances and any real property, or interests therein, necessary or convenient for the construction, maintenance and operation of any of the Regional Sewerage System. “Fiscal Year” means a 12-month period commencing on July 1 and ending on the following June

30. “Forecasted Demand” means the yearly forecasted or estimated volume and strength of sewage discharged from the Community Sewer System of a Contracting Agency into the Regional Sewerage System as set forth in a Ten-Year Sewer Capital Forecast. “IEUA” means the Inland Empire Utilities Agency, a municipal water district. “Industrial Unit” means a building, establishment, or premises where manufacturing, fabrication or assembly operations or industrial or chemical processes are conducted. “Industrial Waste” means any wastewater and any water borne solid, liquid, or gaseous wastes resulting from any producing, manufacturing, or processing operations of whatever nature as more particularly defined, from time to time, by any federal, state, or regional agency authorized by law to prescribe quality standards for the discharge of sewage effluent and industrial waste effluent within the Chino Basin.
“Non-Domestic Waste” means waste or wastewater discharged into the Community Sewer System of a Contracting Agency which has a greater concentration of total dissolved solids or biochemical oxygen demand or any other constituents limited by IEUA than the waste or wastewater discharged from the typical single family domestic household in the Contracting Agency’s Service Area.

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“Orange County Judgment ” means the judgment entered in the action entitled Orange County Water District v. City of Chino, et al. (Case No. 117628, Superior Court, County of Orange). “Recycled Water” means as defined in Title 22, Division 4, Chapter 3, Water Recycling Criteria, Section 60301.050 et seq., of the California Code of Regulations; water which is available as a result of the treatment of wastewater. Also as described in subdivision (n) of Section 13050 of the Water Code of the State of California, treated wastewater that is suitable for direct beneficial use or a controlled use that would not otherwise occur.
“Regional Interceptor ” includes, but is not limited to, pipelines, facilities and appurtenances which receive sewage from the most downstream trunk or collector sewer of a Community Sewer System, or a portion thereof, for the purpose of transmitting the sewage to a Regional Treatment Plant or to any other point of disposal, and any facilities appurtena nt thereto, or any sewer which is utilized for the transmission of the sewage of two or more Contracting Agencies to such a plant or point of disposal.
“Regional Policy Committee” means the committee provided for in Section 24 hereof “Regional Sewerage System” means all facilities owned, controlled, or operated by IEUA and any interest or capacity rights of IEUA in facilities owned, controlled, or operated by others, for the purpose of transmitting, treating and/or disposing of Sewage, including interceptor sewers, sewage treatment and disposal plants, facilities for the Disposal of Effluent and solid waste residuals and any facilities appurtenant to the foregoing. The Regional Se werage System does not include the Recycled Water system which is owned, operated, managed, and maintained by IEUA . T he Regional Sewerage System shall include all other disposal facilities which are required to meet the requirements of the National Pollutant Discharge Elimination System Permit or permits or Waste Discharge Requirements issued to IEUA by the Regional Water Quality Control Board, Santa Ana Region, for the operation of the Regional Treatment Plants. “Regional Technical Committee” means the committee provided for in Section 25 hereof. 132

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“Regional Treatment Plant” means a sewage and wastewater treatment plant operated by IEUA as part of the Regional Sewerage System.
“Regional Wastewater Capital Improvement Fund ” means the fund of IEUA into whic h is deposited all Supplemental Capital Outlay Funds received by IEUA from the Contracting Agencies for the acquisition, construction, improvement, and expansion of the Regional Sewerage System.
“Residential Unit” means a single -family residence, a condomi nium unit, an apartment unit or other such structure or portion thereof which is equipped and suitable for human habitation or a mobile home space in a mobile home park, not including, however, transient lodging rooms in motels or hotels which are considered to be commercial units. “Santa Ana River (SAR) Base Flow Obligation ” means the obligation established under the Orange County Judgment and defined under the Prado Settlement, Stipulations and Orders of Dismissal re Certain Defendants and Cross-Defendants (filed April 17, 1969), and the October 2, 1968, CBMWD – WMWD Agreement re Satisfaction of Joint Obligation Prado Settlement (“Allocation Agreement ”), the October 28, 1968 Agreement between Chino Basin Municipal Water District and City of Pomona re the Prado Settlement, and the December 18, 1968 Agreement Between Western Municipal Water District of Riverside County and City of Corona in Regard to Prado Settlement (collectively “Settlement Agreement”) , which obligation defines the shared responsibility for a Base Flow obligation at Prado Dam between IEUA and Western Municipal Water District. IEUA implements the Chino Basin portion of the Settlement Agreement which is commonly referred to as the Santa Ana River (“SAR”) Base Flow obligation at Prado. “Service Area” means all territory now or hereafter served by the Community Sewer System owned, controlled or operated by any Contracting Agency. The IEUA service area includes the Cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Upland, and the Cucamonga Valley Water District.
“Service Contract ” means this Chino Basin Regional Sewage Serv ice Contract and any substantially similar contract between IEUA and a Contracting Agency providing for the 133

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Transmission, Treatment and Disposal of sewage from the Contracting Agencies by means of the Regional Sewerage System.
“Sewage” means any liquid waste and water borne solid waste resulting from residential, commercial, industrial, or institutional activities or uses. “Sewage Collection Agency” means any county, city or special district, other than IEUA, which is located in whole or in part within the IEUA Service Area and which is authorized to own, control and operate a Community Sewer System.
“Sewer” means any pipeline conducting sewage, either by gravity or by pressure, and any facilities appurtenant thereto.
“Sewer User Charge” means any charge, fee, rental, or rate, excluding property taxes and Capital Capacity Reimbursement Payments, which is imposed on and collected from the owner, lessee, or occupant of property for providing services and facilities of any Community Sewer System or the Regional Sewerage System, or both.
“Supplemental Capital Outlay Funds ” means contributions by a Contracting Agency from its Capital Capacity Reimbursement Account reserves to IEUA to supplement the funding of the planning, design and construction of Regional Sewerage System capital improvement projects. “Transmit” or “Transmission” means the conducting (i) of Sewage from any Delivery Point to a Regional Treatment Plant or other point of Disposal or (ii) of Effluent from a Regional Treatment Plant to a point of Disposal;
“Treat” or “Treating” or “Treatment” means any process or method for altering the quality of Sewage and/or Effluent to meet applicable regulatory standards for Disposal or beneficial reuse. “Wastewater Treatment Plant ” or “ WWTP” means a sewage and wastewater treatment plant constructed by a Contracting Agency and is not a part of the Regional Sewerage System.

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SECTION 2 - RIGHTS AND OBLIGATIONS
The Contracting Agencies shall have the right to deliver all Sewage collected by its Communi ty Sewer Systems to the Regional Sewerage System and IEUA shall have the obligation to receive into the Regional Sewerage System all Sewage so delivered by the Contracting Agency subject to the provisions of this contract.

SECTION 3 - COMMUNITY SEWER SYSTEMS
Each Contracting Agency shall be responsible for all costs and expenses of the acquisition, construction, operation, and maintenance of its Community Sewer System.

A. Inspection of Facilities
Any authorized officer or employee of IEUA may enter and inspect any part of the Community Sewer System of any Contracting Agency during normal working hours on regular business days and upon the giving of not less than 24 hours prior notice of the inspection, except during emergencies.

SECTION 4 - RESERVED
SECTION 5 - REQUESTS FOR REGIONAL INTERCEPTORS AND

WASTEWATER TREATMENT PLANTS
Regional Interceptors are a part of the Regional Sewerage System and their design and construction or acquisition shall be financed as provided in Section 9 hereof. Separate from the Regional Sewerage System, a Contracting Agency may construct, own and operate a wastewater treatment plant (“WWTP”) or permit another person, firm or corporation to construct a WWTP which will be controlled and operated by the Contracting Agency when to do so is not detrimental to the operation of the Regional Sewerage System. The IEUA Board shall consider requests for Regional Interceptors and Contracting Agency construction of WWTPs pursuant to the following procedures:
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A. Request To IEUA – Regional Interceptor and Contracting Agency Construction of WWTP.

1. Any Contracting Agency may make a written request to IEUA for a determination as to the location of a new Regional Interceptor, an acquisition of an existing Regional Interceptor, or the construction of a WWTP.

2. Notification. IEUA sh all provide the Regional Technical Committee notice of written request from the Contracting Agency within 45 days of its receipt.

3. Determination by IEUA. IEUA shall review and determine whether the action proposed in the request will be detrimental to the operation of the Regional Sewerage System and present an informational item with a recommendation to the Regional Technical Committee for the request.

4. Recommendation By Regional Technical Committee. The Regional Technical Committee shall review the request and determination by IEUA and shall provide a recommendation to the Regional Policy Committee as an informational item.

5. Review and Recommendation By Regional Policy Committee. The Regional Policy Committee shall review the recommendation from the Reg ional Technical Committee and issue its own recommendation to IEUA regarding the request.

B. Determination by the IEUA Board.

The IEUA Board shall review and consider the Regional Policy Committee’s recommendation for the request, and shall issue its final determination. The failure of the Regional Technical Committee or the Regional Policy Committee to take action on the request shall not preclude IEUA from taking action on the request.

C. Request For Hearing.

Any Contracting Agency, that disagrees with the determination may file a written request for a hearing before the IEUA Board.
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D. Cost/Expense of Contracting Agency WWTP.

A Contracting Agency which constructs a WWTP shall be solely responsible for the cost and expense of the construction and maintenance and operation of said plant. Any such WWTP which is constructed and owned by a Contracting Agency shall not be operated by IEUA as a part of the Regional Sewerage System without the written consent of all other Contracting Agencies and IEUA.

E. Operation And Maintenance of Contracting Agency WWTP.

A Contracting Agency which constructs a WWTP may enter into a contract with IEUA for the maintenance and operation of the plant subject to the terms and conditions agreed to by the parties. In the event a C ontracting Agency and IEUA enter into such a contract, the budgeting and funding for the maintenance and operation of the plant shall be accounted for separately by IEUA in order to prevent any adverse impact on the Regional Sewerage System or any impact on the rates and charges imposed by IEUA under this Service Contract.

SECTION 6 - REGIONAL SEWERAGE SYSTEM; PROHIBITED DISCHARGES IEUA shall own and operate a Regional Sewerage System for the Transmission, Treatment and Disposal of Sewage delivered by any Contracting Agency. The Regional Sewerage System, including any interests or capacity rights of IEUA in facilities owned, controlled or operated by others, shall be as shown or described in the IEUA Wastewater Facilities Master Plan, as amended from time to time, and is intended to accept domestic waste.

Use of the Regional Sewerage System by industrial users discharging process wastewater shall be governed by Ordinance No. 109, or any successors thereof.

Except as may be specifically provided on a temporary basis, no Contracting Agency shall discharge or cause to be discharged in the Regional Sewerage System any waste which exceeds or results in the inability of the wastewater treatment plant effluent to meet the wastewater discharge 137

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requirements presently established by any State or Federal regulatory agency, or which may be adopted in the future.

A Contracting Agency shall not discharge wastewater, in quantities or concentrations, alone or in conjunction with a discharge or discharges from other sources that cause the pH of the wastewater entering the headworks of any Regional Treatment Plant to decrease below 6.0 Standard Units at any time.

A Contracting Agency shall not discharge wastewater, in quantities or concentrations, alone or in conjunction with a discharge or discharges cause an increase in temperature of a Regional Treatment Plant’s influent to be above 90 degrees Fahrenheit , which normally occurs during the period of June through October, nor above 78 degrees Fahrenheit during the remainder of the year.

IEUA shall pay all costs and expenses incurred in the acquisition, construction, maintenance, and operation of the Regional Sewerage System. Each Contracting Agency shall, as provided in Section 17 hereof, pay to IEUA service charges representing a pro rata share of all net audited costs incurred by IEUA in the maintenance and operation of the Regional Sewerage System, and each Contracting Agency shall contribute Supplemental Capital Outla y Funds to IEUA for the improvement and expansion of the Regional Sewerage System as provided in Section 9 hereof.

Expansion of the Regional Sewerage System is done to accommodate growth and development within the respective Contracting Agency’s service area and is based largely on growth projections and requests for expansion from the Contracting Agencies. Accordingly, voluntary withdrawal of wastewater flows by one or more Contracting Agencies could be detrimental to the Regional Sewerage System by creating stranded assets and resulting in increase d costs to the remaining Contracting Agencies. Nevertheless, should a voluntary withdrawal of flows from the Regional Sewerage System occur, the impact of the withdrawal will be calculated by IEUA and an impact fee will be assessed against the withdrawing Contracting Agency.

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SECTION 7 - REGIONAL PRETREATMENT PROGRAM
IEUA owns and operates the Regional Sewerage System facilities that are regulated by National Pollutant Discharge Elimination System ( NPDES) permits issued by the Regional Water Quality Control Board, and which are subject to numerical discharge limitations and requirements. Those permit regulations and discharge limitations require the control and restrictions to the discharge of industrial wastewater on Significant Industrial Users (SIUs). Furthermore, the permit regulations require IEUA to implement pretreatment regulations in all jurisdictions tributary to IEUA’s service area. The regional pretreatment program requirements between IEUA and the Contracting Agencies shall be established by resolution of the Board of Directors of IEUA and in Ordinance No. 109 and any successors thereof.

SECTION 8 - RESERVED
SECTION 9 - CAPITAL FINANCING OF REGIONAL SEWERAGE SYSTEM A. General
The Regional Sewerage System and any improvement or expansion of that system will provide benefits to the entire territory served by that system in that the entire territory will be benefited by the protection of public health, the protection of the quality of water sources, the improvement of water management through integrated use of all sources of water supply, including sewage treatment plant effluent, the improv ement of general conditions for individual, residential, commercial and agricultural development and the reduction in costs for the Transmission, Treatment, and Disposal of Sewage by the pro rata sharing of all costs incurred by IEUA in the maintenance and operation of the Regional Sewerage System.

The acquisition, construction, improvement, and expansion of the Regional Sewerage System shall be financed with real property tax revenues, revenues from capital capacity fees, sewage service charges levied by the Board of Directors of IEUA, grants and other financial assistance which may be available from any federal, state, local or other source, Supplemental Capital Outlay Funds contributed by the Contracting Agencies.
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B. Taxes, Sewage Service Standby or Availability Charges The Board of Directors of IEUA may fix, levy, and collect sewage service standby or availability charges for the purpose of financing the acquisition, improvement, and expansion of the Regional Sewerage System. The IEUA Board of Directors will adopt a property tax allocation plan, which will remain in effect until amended in IEUA’s discretion. The IEUA Board of Directors may elect to add, consolidate, or rename funds as necessary to best manage the IEUA funds.

At the time of review of fund budgets , IEUA shall develop a plan that includes the basis for the tax allocation . IEUA shall inform the Regional Technical Committee and Regional Policy Committee of any proposed allocations of the property tax revenues intended for the Regional Wastewater Capital Improvement Fund and will consider input and recommendations from the committees prior to making a final determination.

C. Capital Capacity Reimbursement Account and Capital Capacity Reimbursement Payments

1. General
As a condition to sewage treatment service and for the purpose of providing Supplemental Capital Outlay Funds to IEUA, each Contracting Agency shall establish and maintain a Capital Capacity Reimbursement Account to which the Contracting Agency shall deposit or credit its Capital Capacity Reimbursement Payments. The amounts so deposited or credited by a Contracting Agency to its said account shall be used by the Contracting Agency only for the purpose of providing Supplemental Capital Outlay Funds to IEUA; provided that interest ea rned on such amounts shall not be so restricted and may be used by the Contracting Agency for any lawful purpose. The source of Capital Capacity Reimbursement Payments shall be at the discretion of each Contracting Agency.

2. Capital Capacity Reimbursement Payments
Each Contracting Agency shall have deposited or credited to its Capital Capacity Reimbursement Account a Capital Capacity Reimbursement Payment for each connection which has been or will 140

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be made to its Community Sewer System or for each change in use of an existing commercial or industrial connection in an amount determined as follows:
a. The amount of the Capital Capacity Reimbursement Payment for each new connection to a Contracting Agency’s Community Sewer System and for each change in use of any existing Commercial Unit or Industrial Unit which results in an increase in volume or strength of Sewage therefrom shall be determined by computing the number of Equivalent Dwelling Units therefor as provided in that document approved by Resolution of the Board of Directors and identified as “Exhibit J” and made a part hereof and applying the then current Capital Capacity Reimbursement Payment amount as established by the IEUA Board to each such EDU.
b. Notwithstanding the preceding provisions, the amount which a Contracting Agency is required to have deposited in or credited to its Capital Capacity Reimbursement account for any such new connection or change of use shall be reduced by payments, if any, made by the Contracting Agency to IEUA for the new connection or change of use to support Supplemental Capital Outlay Payments, made at IEUA’s request.
c. A Capital Capacity Reimbursement Payment shall be deposited or credited to a Contracting Agency’s Capital Capacity Reimbursement Account for such a new connection or change of use at the time of the issuance of a building permit or a sewer connection permit, or for changes in the use of existing Commercial Units and Industrial Units, or the permits required therefor. Upon request by a Contracting Agency, IEUA will review , with support and consultation as needed from the Building Activity Report (BAR) Subcommittee, fee calculations and collections by any Contracting Agency for any errors, within 30 days from the receipt of the monthly building activity report, as further described herein, unless a more expedited review is requested by Contracting Agency. In the event a Contracting Agency fails to deposit Capital Capacity Reimbursement Payments into the Contracting 141

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Agency’s Capital Capacity Reimbursement Account by the applicable deadlines, the Contracting Agency shall be required to make late payments in amounts which correspond to the adopted EDU rate in place at the time that said payments first became due and owing.

3. Capital Capacity Reimbursement Reports
a. Each Contracting Agency shall report monthly to IEUA, at such time as IEUA shall designate, the balance of the funds in its Capital Capacity Reimbursement Account as of the last day of the preceding month. Such monthly reports shall be in writing and shall include the calculation sheets and also contain the number of building permits and sewer permits which were issued in the Contracting Agency’s Service Area during the preceding month and estimated volume of Sewage flows for all residential, commercial, and industrial connections within the Contracting Agency’s Service Area for the current month and the cumulative total thereof. Commercial and industrial sewer connection permits shall be listed by individual permit with the number of fixture units and expected volume and strength of sewage for each permit.

IEUA shall have 30 days from receipt of said reports to contact the applicable Contracting Agency with any questions or requests for clarification regarding the connection fee calculations reflected in said report. b. IEUA shall maintain a summary accounting of the Capital Capacity Reimbursement Account reserves of all Contracting Agencies and shall make written semiannual reports to the Contracting Agencies on or before 1) July 15 (with actuals up to March 31) and January 15, (with actuals up to September 30) of each fiscal year. The reports shall include: (i) the amounts of the Capital Capacity Reimbursement Account reserves of all Contracting Agencies as of the last day of March and September respectively , (ii) the amount of the Regional Wastewater Capital Improvement Fund reserves as of the last day of March and September respectively , (iii) a summary of all expenditures from said fund incurred up to March and September respectively 142

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for each Regional Sewerage System capital improvement project then in progress, (iv) an estimate of the amounts to be expended from said fund for each such project during the quarter then com mencing or in progress (the “current quarter”), (v) the estimated amount of Supplemental Capital Outlay Funds, if any, which will be necessary for the Contracting Agencies to contribute to IEUA during the current quarter in order to provide a working capital balance in said fund which shall not exceed $5,000,000 on the last day of the quarter next succeeding the current quarter, and (vi) the amount, if any, of the contribution of Supplemental Capital Outlay Funds for each Contracting Agency for the current quarter, determined as provided in subparts E and F of this Section.

D. Determination of Demand Deficits
At the time of the preparation of each Ten -Year Sewer Capital Forecast, pursuant to Section 10 hereof, IEUA shall determine each Contracting Agency's De mand Deficit, if any. The determination of Demand Deficits pursuant to this subpart is for the sole purpose of allocating shortages in Supplemental Capital Outlay Fund payments as provided in subpart F of this Section.

Except as provided in said subpart F, such determinations shall not result in the creation of an obligation or indebtedness on the part of any Contracting Agency to IEUA or other Contracting Agencies.

E. Supplemental Capital Outlay Fund Payments
On July 15, and January 15, of any fiscal year IEUA may require payment by each Contracting Agency from its Capital Capacity Reimbursement Account of Supplemental Capital Outlay Funds for the planning, design and construction of Regional Sewerage System capital improvement projects in the amount, if any, set forth for the Contracting Agency in the semiannual report due from IEUA on such date. Upon receiving such a demand from IEUA, each Contracting Agency shall pay the amount demanded to IEUA within 45 days of receipt of such demand. The amount of each Contracting Agency’ s proportionate share of the total amount of Supplemental Capital Outlay Funds demanded by IEUA from all Contracting Agencies shall be determined based on the 143

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Fontana City CouncilSeptember 26, 2023

Fontana City Council
September 26, 2023