Agenda packet — Fontana City Council, October 24, 2023 (part 2 of 2)

ATTACHMENT NO. 2
382
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
uses, impacts on parking availability in the downtown area of the City, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City' s neighborhoods and effectively creating a current and immediate threat to the public health, safety, and welfare; and
WHEREAS, the City intends to study zone change prohibiting certain service - related uses along certain portions of two of its main thoroughfares ( Sierra Avenue and Foothill Boulevards) in an effort to maximize economic development, sales tax generation, and encourage entertainment - related development along those corridors; and
WHEREAS, Government Code section 65858 authorizes the City to adopt an interim Urgency Ordinance to protect the public safety, health, and welfare and to prohibit uses which may be in conflict with a contemplated General Plan or zoning proposal which the City is considering, studying or intends to study within a reasonable time.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Moratorium. The City shall not issue or approve any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlement or permit; or regulatory license or permit required to comply with the provisions of the City' s Municipal Code or a Specific Plan for any " Service Based, Non - Entertainment Uses" as defined herein in Section 3 on any property within four hundred ( 400) feet from the center line of the location of Sierra Avenue between the 1-10 Freeway and Arrow Boulevard, and between Foothill Boulevard and the 1-210 Freeway ( Sierra Avenue corridor), and on any property within four hundred ( 400) feet from the center line of the location of Foothill Boulevard between Cherry Avenue and Maple Avenue ( Foothill Boulevard corridor), as shown on Exhibit A attached hereto and incorporated herein by this reference.

Section 3. " Service Based, Non -Entertainment Uses" shall mean the following uses as these uses are defined in Chapter 30:

Adult vocational classes, trade schools, computer training Animal Kennel
Animal Training, keeping, or raising
Antique restoration
Ambulance services
Animal hospital
Auto body painting and repair
Auto car alarm and stereo installation ( within an enclosed building only) Auto car washes
Auto driving schools

Page 2 of 6 ends

383
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
Auto rental
Auto rental agencies with parking for vehicle rentals
Auto stereo, alarm, and upholstery installation or repair Auto Storage
Barber, hair/ nail/ skincare/ tanning salon, as a primary use Barber, hair/ nail/ skincare/ tanning salon and day spa Bed and Breakfast
Blueprinting, printing, copying, packing, mailing services as a primary use Body Art — tattooing body piercing and / or permanent cosmetics Car and Truck washes
Cemeteries, crematory, mortuary, and mausoleums
Chemical substance abuse facility
Check cashing/ deferred deposit or payday advance uses with or without ancillary services
Cleaners / laundry
Clinic — medical, dental, or cosmetic
Clothing and costume rental
Community Care Facility
Convalescent Hospital
Commercial day care
Dress maker or millinery shop
Dry cleaners/ laundry— non- commercial
Equipment Rental
Equipment and Appliance Repair
Fortunetelling
Funeral parlors
Furniture refinishing
Furniture upholstery
Homeless Shelters
Hospitals
Hotels / Motels ( less than 50 rooms)
Jewelry repair, as a primary use
Laundromat
Locksmith
Locksmith/ key shops
Machine Shop
Massage / Acupressure as a primary use
Massage as ancillary use to primary permitted use — less than 40% of gross floor area of business
Medical/ dental/ counseling/ psychology/ hearing
aids/ acupuncture/ homeopathy/ physical therapy/ sports therapy Medical services - All
Mortuary
Nail salon

Page 3 of 6 ends

384
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
Nursing Home
Pet boarding
Pet boarding and kennels
Pet grooming
Photography Studios
Photocopying and photo developing ( retail)
Postal services/ mailbox rentals
Private Schools ( pre- K-12)
Publishing establishments
Self -storage facility
Shoe Repair
Tailor and alterations
Traffic and automobile driving schools
Traffic schools
Trailer rental
Trailer repair
Trailer custom repair
Truck Driving Schools
Truck Fueling
Truck rental
Truck body painting and repair
Truck repair including customization
Truck stereo, alarm, and upholstery installation or repair Truck Storage
Veterinarian clinic and hospitals ( with incidental boarding) Section 4. Compliance with California Environmental Quality Act. The City finds that this Urgency Ordinance is not subject to the California Environmental Quality Act CEQA) pursuant to Sections 15060( c)(2) ( the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.

Section 5. Effective Date. This Urgency Ordinance was adopted by the necessary four -fifths vote of the members of the City Council pursuant to Government Code section 65858 and shall take effect immediately upon its adoption.

Section 6. Written Report. At least ten ( 10) days before this Urgency Ordinance or any extension expires, the City Manager shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance.

Section 7. Publishing. The City Clerk shall certify to the passage of this Urgency Ordinance and cause the same or a summary thereof to be published within fifteen ( 15)

Page 4 ends

385
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California.

Section 8. Term. This Ordinance is an Urgency Ordinance, enacted pursuant to Government Code section 65858. The term of this Urgency Ordinance shall be for forty- five ( 45) days from the date of adoption and shall expire and be of no further force or effect, unless and until extended in accordance with Government Code section 65858.

Section 9. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 8353 Sierra Avenue, Fontana, California 92335.

Section 10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.

APPROVED AND ADOPTED this 25thday of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25thday of July 2023, by the following vote to wit:

AYES: Mayor Warren, Mayor Pro Tenn Garcia, Council Members Cothran, Roberts and Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk of the City of Fontana
tiovuuA. Ea (PairuA,
Mayor of the City of Fontana

Page 5 of 6 ends

386
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
ATTEST:

City Clerk

Page 6 of 6 ends

387
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 : e 1922 ExhibitA Sierra Ave and Foothill Blvd
Moratorium Parcels Within 400 Feet of Center Line
Legend
Sierra Ave and Foothill
Blvd
400 ft Buffer
Moratorium Parcels
within the 400 ft Buffer
Owner Parcels
nil CityBoundary
v v
IIIII!III'lllll i 111IR
1•S . 1! i-
1 .!. 1=•= MINIM NMI MIN
Iminci;
r ! JIIIIIII' IIII=_I.. i C
tom.
111111 .,=.111••r." 3111111 11 `.i . 11.1, CZ .! IEI l, l' r. - ._ . ,,. W ..; II! r.: Lrir. CAIN . 1111III. .,. It..,.,. i TIII
1 Illll. a- ;
I a : Ir. ,.,-- lr. am',-.' dll ' 1
J111•
f=— lli - -- —' r.. r=. L! r
1 I - r 1
M MU .-.. I. 1_ 1101.,
M= 1:. r . -
111114
Ih 11 _ - -
I_
r
ICI - 11 Flul_ ._- . I —
1 . 11.,
1d1 =- II,- , ••''-'- ir- -
nn
i11111r ill_
iMI _ —
r a_ . Ir Pr_.

I— ... I !,.',' ... _- •--kJ1- 1 .- 171/
117111111 •:.
1 1 Ile„
rlll'_ III" -• 1: I11L:.,- ll'
AilIiii111111M 'NW IL u1
r
iinuii l i— . uu MOWMOW.liI ii IIIIII° I
I II 111 ' rL- IIII Iltlt tl, L
1-: Iru111 MINNLW rr. mrrrn= 1111111111
4• I
1 0

0. 4 0. 8 1. 59Miles
388
DocuSign
Certificate Of Completion
Envelope Id: BD2A886B783142EEAE3C0E9740D30893
Subject: Please DocuSign: Urgency Ordinance 1922
Source Envelope:

Document Pages: 7
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
Record Tracking
Status: Original
7/27/ 2023 105: 27 PM
Signatures: 4
Initials: 0
Holder: City Clerk
clerks@fontana. org
Signer Events Signature
Ruben Duran
ruben. duran@bbklaw. com
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 7/27/ 2023 105: 53 PM
ID: 88ef1 cae- 2f1 a- 4359- b125- 9f738f4c857e
Acquanetta Warren
awarren@fontana. org
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 7/27/ 2023 106: 04 PM
ID: da31b00c- c50f- 4882- a73e- c81adc53b181
Germaine Key
gkey@fontana. org
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 7/27/ 2023 107: 26 PM
ID: 61 c1968c- 0f37- 49af- 99f2- ae2bc2d8d422
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
PWAUt,
Signature Adoption: Pre - selected Style
Using IP Address: 108. 185. 61. 125
Signed using mobile
Qfia Waytn,ln,
Signature Adoption: Pre - selected Style
Using IP Address: 108. 184. 102. 134
Signed using mobile
t, Vw cutest.

Signature Adoption: Pre - selected Style
Using IP Address: 107. 201. 246. 59
Signed using mobile
Signature
Status
Status
Status
Status
Status: Completed
Envelope Originator:

City Clerk
8353 Sierra Avenue
Fontana, CA 92335
clerks@fontana. org
IP Address: 192. 146. 186. 96
Location: DocuSign
Timestamp
Sent: 7/27/ 2023 105: 28 PM
Viewed: 7/27/ 2023 105: 53 PM
Signed: 7/27/ 2023 105: 59 PM
Sent: 7/27/ 2023 105: 59 PM
Viewed: 7/27/ 2023 106: 04 PM
Signed: 7/27/ 2023 106: 04 PM
Sent: 7/27/ 2023 106: 04 PM
Viewed: 7/27/ 2023 107: 26 PM
Signed: 7/27/ 2023 107: 27 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
389
Carbon Copy Events
Kathy Kasinger
kkasinger@fontana. org
Records Coordinator
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 6/26/ 2023 112:01 PM
ID: 313ff663- c622- 41d0- ac8d- 292f7d782a66
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Status
COPIED
Signature
Signature
Status
Hashed/ Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Timestamp
Sent: 7/27/ 2023 107: 27 PM
Viewed: 7/31/ 2023 108: 19 AM
Timestamp
Timestamp
Timestamps
7/27/ 2023 105: 28 PM
7/27/ 2023 107: 26 PM
7/27/ 2023 107: 27 PM
7/27/ 2023 107: 27 PM
Timestamps
390
Electronic Record and Signature Disclosure created on: 2/2/ 2017 106: 54 AM Parties agreed to: Ruben Duran, Acquanetta Warren, Germaine Key, Kathy Kasinger

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana ( we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc.

DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ' I agree' button at the bottom of this document.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time ( usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ' Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
391
How to contact City of Fontana:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: ctejeda@fontana. org To advise City of Fontana of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at ctejeda@fontana. org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..

In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.

To request paper copies from City of Fontana
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must sendus an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Fontana
To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to ctejeda@fontana. org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers ( for SENDERS): Internet Explorer 6. 0? or above Browsers ( for SIGNERS): Internet Explorer 6. 0?, Mozilla FireFox 1. 0, NetScape 7. 2 ( or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:

Allow per session cookies
Users accessing the internet behind a Proxy
Server must enable HTTP 1. 1 settings via
proxy connection
These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
392
Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosuresexclusively in electronic format on the terms and conditions describedabove, please let us know by clicking the 'I agree' button below.

By checking the 'I Agree' box, I confirm that:

I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontanaduring the courseof my relationship with you. 393
TO: HERALDNEWS
EMAIL: [email protected]
FROM: FONTANACITYCLERK'S DEPARTMENT
DATE: July31, 2023
PUBLICATION OF SUMMARY OF ADOPTED URGENCY ORDINANCE NO 1922.

PUBLISHONETIMEONLYONORBEFOREAugust 4, 2023. ONEAFFIDAVITPUBLICATION REQUESTED.

SUMMARYOF ADOPTEDURGENCYORDINANCENO 1922.

NOTICEISHEREBYGIVENthattheCityCouncilof theCityof Fontana, at a RegularMeetingheld on July 25, 2023, at City Hall, 8353 SierraAvenue, Fontana, California, adoptedthe following ordinance:

Adopt Urgency Ordinance No. 1922, an ordinance of the City of Fontana, California, in accordancewithGovernmentCodeSection65858enactingfor a periodof Forty-Five (45) daysa Moratoriumon the approvalof any BuildingPermit, OccupancyPermit, ConditionalUsePermit, Variance, SubdivisionMap, DesignReview, AdministrativeSite PlanReviewor otherLandUse Entitlementor Permit, or RegulatoryLicenseor PermitRequiredto ComplywiththeProvisionsof the MunicipalCodeor SpecificPlanfor ServiceBased, Non-EntertainmentUses.

A certifiedcopyof thefulltextof theordinanceis availablein theofficeof theCityClerkof theCity of Fontana, 8353SierraAvenue, Fontana, California92335.

CITYCOUNCILOF THECITYOFFONTANA
AcquanettaWarren, Mayor
SusanaGallardo
Specialistto the DeputyCityClerk
P.O. #800496
394
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2510 Agenda Date: 10/24/2023
Agenda #: L. Category: Consent Calendar
FROM:

Finance
SUBJECT:

American Rescue Plan Act Update
RECOMMENDATION:

Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by emphasizing capital formation. · Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

Background
The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021, providing additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. ARPA funding of $1.9 trillion provided for $362 billion in flexible fiscal aid to state and local governments in America under the State & Local Fiscal Recovery Funds (SLFRF). The City of Fontana was allocated $50.3 million in ARPA SLFRF funds. The U.S.

Department of the Treasury issued an Interim Final Rule in May 2021, and the Final Rule in January 2022, to implement the Coronavirus State and Local Fiscal Recovery Funds established under ARPA.

On March 8, 2022, the City Council approved the original ARPA Expenditure Plan (Plan). On September 13, 2022, the City Council subsequently approved a revised Plan which properly categorized existing projects per the Final Rule and eliminated projects that were determined to be ineligible. As all projects were determined eligible in concept for ARPA funding, staff has worked City of Fontana Printed on 10/19/2023Page 1 of 5
powered by Legistar™
395
File #: 21-2510 Agenda Date: 10/24/2023
Agenda #: L. Category: Consent Calendar
ineligible. As all projects were determined eligible in concept for ARPA funding, staff has worked diligently with the City Attorney’soffice and HdL ECONSolutions ensuring that all project details met ARPA Final Rule requirements. Currently, nearly all projects have received a final legal determination as to their eligibility.

Current Plan
The current Plan reflects expenditures in four primary Federal Eligible Use Categories. As the U.S.

Department of Treasury (Treasury) continues to refine reporting requirements, the table below reflects the current budget in the updated categories per the Treasury reporting requirements.

Recommended Plan - Revisions
The revisions proposed for the current Plan budget reflect no change in appropriation.

City of Fontana Printed on 10/19/2023Page 2 of 5
powered by Legistar™
396
File #: 21-2510 Agenda Date: 10/24/2023
Agenda #: L. Category: Consent Calendar
Plan revisions being proposed with this item include adjustments to the following projects:
· Leveraged Project: Support Government Employment (hiring above the pre-pandemic baseline): Current allocation is $4.95 million and an increase of $1,017,356 is recommended as a result of completed projects being under budget and the reduction of premium pay budget.
· Leveraged Project: Accela and Fontana 311: Recommend moving this project from the Federal Use Category 5.0 Infrastructure to Federal Use Category 3.0 Public Health-Negative Economic Impact: Public Sector Capacity (recommended by City Attorney office) · Part-Time Employee Retention: This project was moved from Federal Use Category 4.0 Premium Pay to 3.0 Public Health-Negative Economic Impact: Public Sector Capacity. (Recommended by City Attorney office) A decrease in the budget from $250,000 to $152,936 is recommended due to the completion of the project.
· Public Safety Premium Pay: Recommend reducing budget programmed from $1,549,486 to $887,901 due to changes in eligibility by Treasury.
· Recommend combining Endpoint Detection & Response Solution and Network Detection & Response Solution into one project and recommend a budget increase of $4,806 to accommodate additional expenses
· Data Security & Threat Detection: A decrease in programmed budget recommended of $92,073 due to project completion and lower than budgeted expenses. · Ventilation Upgrade: Recommend a decrease of $178k due to project completion and lower than budgeted expenses.
· Metrolink Station Security Cameras: Recommend an increase of programmed budget of City of Fontana Printed on 10/19/2023Page 3 of 5
powered by Legistar™
397
File #: 21-2510 Agenda Date: 10/24/2023
Agenda #: L. Category: Consent Calendar
· Metrolink Station Security Cameras: Recommend an increase of programmed budget of $6,410 due to higher than budgeted expenses.

Recommended Plan - Leveraged Projects
The original Plan as recommended by Council included $18.0 million of projects in the Revenue Loss category of which only had $10.0 million of available funding per the standard allowance in the Final Rule. As a result, the Revenue Loss category was over appropriated by $8.0 million and the projects in this category were not eligible under any other category. As such, $8.0 million of ARPA eligible projects needed to be identified in the General Fund and the funding for these projects switched to ARPA thus making available General Fund for the projects. These projects included the Police Department helicopter ($3.0 million) and various pavement rehabilitation projects ($5.0million) which will be funded through the General Fund as a result of the leveraged projects below which were previously funded by the General Fund and will now be funded through ARPA.

Since the last report, additional General Fund projects have been identified and it is recommended that Council approve the revised Leveraged Projects below:
· Support Government Employment - Hiring Above the Pre-Pandemic Baseline ($5,967,637):

Per the Treasury Final Rule, the City may hire above the pre-pandemic baseline and use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. All costs associated with new positions approved by Council can be considered for this leveraged project, including by not limited to the new Police Department positions added in 2021-22 and 2022-23. This amount is being increased by $1,017,356 to accommodate completed projects and reduction on the Premium Pay Category
· Accela and Fontana 311 projects have been identified as eligible projects.

Recommended Plan Summary
The Plan below reflects all changes discussed above:

City of Fontana Printed on 10/19/2023Page 4 of 5
powered by Legistar™
398
File #: 21-2510 Agenda Date: 10/24/2023
Agenda #: L. Category: Consent Calendar
Plan Update
As of the last report, all Plan projects had been reviewed and based upon the scope of each project, deemed eligible by HdL and the City Attorney. Since the last report, all projects have been reviewed by City Attorney’soffice in detail with the majority of the projects having been fully approved. Staff will continue to work with the City Attorney to ensure all projects meet all eligibility requirements. To date, $14.3 million have been expended. Attachment B provides a brief update on each project.

FISCAL IMPACT:

There is no net fiscal impact associated with the approval of this item. Approval of this item reallocates ARPA funding within the expenditure plan as detailed in Attachment A.

MOTION:

Adopt staff recommendation.

City of Fontana Printed on 10/19/2023Page 5 of 5
powered by Legistar™
399

ATTACHMENT A CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE AS OF SEPTEMBER 25, 2023
Federal Eligible Use Category
Treasury Expenditure Category Project Current Plan Proposed Plan Expenditures as of 9/25/23
1) Public Health & Economic Response

1.0 Public Health 60,000 66,410 66,410
2,500,000 2,322,150 2,322,150

2.0 Negative Economic Impacts 300,000 300,000 190,704 8,000,000 8,000,000 89,461
4,079,892 4,079,892 118,660

3.0 PH Negative Economic Impact Public Sector
Capacity
4,950,281 5,967,637 4,232,317
527,454 527,454 527,454
3,600,000 3,600,000 3,393,761
3,150,000 3,150,000 1,217,497
250,000 152,936 152,936
2) Revenue Loss

6.0 Revenue Replacement 10,000,000 10,000,000 222,074 3) Uniform Administrative Requirement, Cost
Principles, and Audit Requirements for Federal
Awards (2 CFR Part 200)

7.0 Adminstrative 250,000 250,000 32,427
4) Water, Sewer, and Broadband Infrastructure

5.0 Infrastucture 5,840,000 5,840,000 -
250,000 157,927 157,927
75,000 154,806 154,806
2,000,000 2,000,000 17,158
75,000 - -
2,000,000 2,000,000 -
375,130 375,130 251,780
424,870 424,870 281,836
5) Premium Pay
Metrolink Station Security Cameras
Ventilation Upgrade for City Facilities
Fontana Eats Grant Program
Homelessness Prevention Resources and Care Center
Park Improvements
Leveraged Project: Support Government Employment
(hiring above the pre-pandemic baseline)
Vaccine Bonus
Leveraged Project: Accela
Leveraged Project: Fontana 311
Part-Time Employee Retention
Parking Structure
Administrative Costs
Cypress Storm Drain Project
Data Security & Threat Detection
Endpoint Detection & Response Solution
Fiber to City facilities
Network Detection & Response Solution
Septic to Sewer
Sewer and Storm Drain Infrastructure Masterplan
Update Master Infrastructure Plans
Public Safety Premium Pay
1,549,486 887,901 887,901
Total 50,257,113 50,257,113 14,317,259
Total Unappropriated Fund Balance - -
Total Allocation 50,257,113 50,257,113
400

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL SEPTEMBER 25, 2023
Project Recommended
Amount
Expended As of
9/25/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Administrative Costs 250,000 32,427 Uniform Administrative Requirement, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200)
To cover the administrative direct and indirect costs associated with the ARPA program.
2021-22 12/31/2024 250,000 Administrative costs to cover the implementation and oversight of the City's ARPA Expenditure Plan. Costs include but are not limited to City staff time, consultant services including HdL, and City Attorney costs.

Cypress Storm Drain Project 5,840,000 - Water, Sewer, and Broadband Infrastructure
Construction of a storm drain facility along Foothill Blvd between Sierra Ave and Cypress Ave and Cypress Ave between Foothill Blvd and Orange Way to connect to the newly constructed West Fontana Channel along the Metrolink railroad track. The project also includes landscaped median on Foothill Blvd, reconstruction of AC pavement, and ADA compliant sidewalks and curb ramps upgrades.

In progress 3/30/2025 20,500,000 The project is currently in utility coordination phase. The project will be constructed in two phases:
- Phase 1 will be on Foothill Blvd between Sierra Ave and Cypress Ave, and on Cypress Ave between Foothill Blvd and Orange Way ($14.0 million)
- Phase 2 will be on Cypress Ave between Miller Ave and Foothill Blvd and on Juniper Ave between Miller Ave and Foothill Blvd ($6.5 million)
ARPA funds will be used towards the first phase. Phase 2 will be constructed once funding is identified in the future. The total project cost for Phase 1 is funded by ARPA, Local Measure I, Storm Drain, and Landscape. Phase 1 will be advertised in December 2023, with anticipated completion of construction in early 2025.

Data Security & Threat Detection 157,927 157,927 Water, Sewer, and Broadband Infrastructure
A software suite that integrates with our servers and Office 365 to detect, report, and alert on permissions and activity to help detect unauthorized access.

REVISED: a decrease of $92,073 is recommended based on actual costs of the project which was completed
Complete 9/25/2022 160,000 Varonis DatAdvantage software suite was deployed and is currently in use to monitor the City's file servers and Office 365 environment. Approved via consent calendar during the June 28, 2022 City Council meeting. PO #22300174. Project is completed.

Endpoint/Network Detection & Response
Solution
154,806 154,806 Water, Sewer, and Broadband Infrastructure
A technology solution that would help detect, alert, and potentially respond automatically to anomalous or malicious network activity on the City's network
Network:A technology solution that would help detect, alert, and respond to unauthorized activity on the staff computers throughout the City. This would fill the gap between what anti-virus software will detect and our network defenses.

REVISED: an increase of $4,806 is recommended based about actual costs of the project which was completed. Also, Recommend combining the recommended budget and project for Network Detection and Response Solution
Complete 6/30/2023 150,000 Combined with Network Detection and Response solution. Purchased Arctic Wolf Managed Detection and Response (MDR) solution to monitor network traffic to alert on malicious or suspicious activity. Approved via consent calendar during the June 14, 2022 City Council Meeting.

PO # 22300235. Project is completed
Fiber to City facilities 2,000,000 17,158 Water, Sewer, and Broadband Infrastructure
This project would run City owned fiber to our 6 facilities with leased lines, 1police substation with a leased line, 4 of our larger parks that currently have no connectivity, and 1 police substation that currently has no connectivity. This would help facilitate the use of technology at the locations (Wi-Fi, security cameras, irrigation systems, etc.).
1/1/2023 TBD 2,000,000 . Sites to be connected are: Palm Court Substation, Southridge Substation, Cypress Center, Don Day Center, Heritage Center, Jack Bulik Center, Martin Tudor Park, Mary Vagle Nature Center, Bill Martin Park, Central City Park, Ralph M. Lewis Sports Complex, South Fontana Park, and Veteran's Park.In design statge. Tentative bid opening date is November 2023

Page 1 of 6401 ends

ATTACHMENT B CITY OF FONTANA

On October 25, 2022, City Council approved the Fontana Eats food assistance program to provide a direct benefit to eligible households impacted by COVID-19. As of August 17, 2023, a total 406 households have received $103,512.81 in funding. In partnership with Fontana/s Social Work Action Group (SWAG) this total includes 35 individuals experiencing housing insecurities that received Fontana Eats funding as additional assistance while placed in local rapid housing.
10/1/2022 12/31/2025 300,000 Project details are being developed and will be presented to Council for consideration in September 2022. // Project Name Changed to: Fontana Eats // Council approved program to grant Covid Impacted or disproportionate residents $100 to $600 depending on family size and income // Total Applications Submitted: 225 // First 100 applicants to be funded mid-April. he sunset of the program commenced on or before September 30, 2023. Funds for the Fontana Eats program were exhausted, leaving a total amount of $83,440.00 remaining and any additional funds not expended after final billing from Usio Card Services, will be reallocated to ARPA priority projects.

Homelessness Prevention Resources and
Care Center
8,000,000 89,461 Public Health & Economic Response The design and construction of a homeless shelter to serve the homeless population of the City.
9/1/2022 11/1/2024 17,000,000 Additional funding of $9,000,000 is required and potential sources include:
- County of San Bernandino-$5,000,000
- Courtplace Housing Development $4,000,000
Project will provide transitional housing and wrap around services (24 hour managed care) for up to 30 chronically homeless individuals as well as housing and appropriate support services for up to 16 families. This will include the potential purchase a Hotel and the Conversion Costs and 2 years of Operation Costs.

Leveraged Project: Support Government
Employment (hiring above the pre-pandemic
baseline)
5,967,637 4,232,317 Public Health & Economic Response Per the Treasury Final Rule, the City may hire above the pre-pandemic baseline and use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to

7.5 percent above its pre-pandemic baseline.

REVISED: an increase of $1,017,356 is recommended to make as a tranfer from changes in other ARPA projects.
2022-23 2023-24 5,967,637 All costs associated with new positions approved by Council can be considered for this leveraged project, including by not limited to the new Police Department positions added in 2021-22 and 2022-

23. Metrolink Station Security Cameras 66,410 66,410 Public Health & Economic Response Installation of 8 security cameras at the Fontana Metrolink station to help keep the area more secure. The station currently has no operational cameras, nor any City owned cameras.

REVISED: an increase of $6,410 is recommended based about actual costs of the project which was completed June 2023.

Complete 10/1/2022 67,000 Project is complete.Delays were due to delivery which is delayed due to supply chain issues.

Page 2 of 6402 ends

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL SEPTEMBER 25, 2023
Project Recommended
Amount
Expended As of
9/25/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Network Detection & Response Solution - - Water, Sewer, and Broadband Infrastructure
A technology solution that would help detect, alert, and respond to unauthorized activity on the staff computers throughout the City. This would fill the gap between what anti-virus software will detect and our network defenses.

REVISED: an increase of $4,806 is recommended based about actual costs of the project which was completed. Also, Recommend combining the recommended budget and project with Endpoint Detection and Response Solution
Complete Combined with the Endpoint Detection and Response project. Purchased Arctic Wolf Managed Detection and Response (MDR) solution to monitor network traffic to alert on malicious or suspicious activity. Approved via consent calendar during the June 14, 2022 City Council Meeting.

PO # 22300235.

Leveraged Project: Accela 3,600,000 3,393,761 Public Health & Economic Response This is a new project and it is recommended that it is funded in the amount of $3.6 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.
2021-22 2023-24 3,600,000 In 2021 the Innovation and Technology Department began efforts to improve business processes in the land management and permitting systems. During the pandemic, it became clear that paper processes were no longer an effective way of serving our residents or business partners. The city wished to replace the existing solution with an improved digital solution to meet the needs of city employees, residents, and businesses. Over the course of a year, city staff reviewed processes and gathered requirements for a new solution.

A new solution was selected in late 2021 to help improve processes in the land management and permitting system space. Throughout 2022 the IT department has continued to lead this project, working alongside almost every city department to ensure the new solution will be tailored to meet the city of Fontana’s needs in this space. This project has been a 3-year effort, and we are now nearing the tail-end of the project. The new, improved solution will seamlessly connect with surrounding systems, assist customers with an easy-to-use interface, ensure city employees process requests in a consistent and efficient manner, and provide dynamic insights to internal operations. The new solution went live July 2023. There are Quarter 1 FY2024 requests for addtional work.

Leveraged Project: Fontana 311 3,150,000 1,217,497 Public Health & Economic Response This is a new project and it is recommended that it is funded in the amount of $3.2 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.
2021-23 2023-25 3,150,000 The City of Fontana developed and implemented the Fontana 311 system to improve communication and streamline services to its Residents and Businesses by bringing all customer interactions to one central location.

The Fontana 311 system will be a one-stop shop for businesses and residents to file complaints, get answers to questions, keep residents informed and overall improve citizen engagement. The Innovation and Technology department led the project to develop this new system and was sponsored by our Communications and Marketing office. Throughout 2022 and 2023, there has been extensive work with almost every city department to ensure all city services are captured within the application.

Residents will be able to call 311, use a website, or our 311 app to make that first request and then see it through to completion. The Fontana 311 system will allow staff to track requests from initiation to completion. Fontana 311 offers digital government services and makes interacting with government a much smoother process for our residents and businesses. The Fontana 311 system went live in February of 2023 and is now entering phase 2 of the project, which will bring an IVR with AI to assist our residents when they call for services.

Page 3 of 6403 ends

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL SEPTEMBER 25, 2023
Project Recommended
Amount
Expended As of
9/25/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Park Improvements 4,079,892 118,660 Public Health & Economic Response Various projects needed to replace and/or upgrade aging infrastructure in our City's parks.
10/1/2022 6/1/2024 4,059,500 Improvements are being recommended at the following 10 parks:
- Veteran's Park (installation of ballfield dugout shade structures - completed) - Veteran's West Park (installation of new ballfield backstops - in requisition & plan check, ballfield dugout shade structures- completed, shade structures for spectator areas - in pre-construction meeting)
- Miller Park (installation of new park gazebo)
- Seville Park (installation of new ADA Inclusive playground structure - in requisition & plan check ) - Fernandez Park (installation of playground shade structure and ADA inclusive equipment - in requisition & plan check)
- Bill Martin Park (installation of new ballfield backstops- in requisition & plan check, ballfield dugout shade structures - completed, and shade structures for spectator areas- in requisition & plan check) - Northgate Park (installation of playground shade structure and ADA inclusive playground equipment- in requisition & plan check)
- North Tamarind Park (installation of new jumbo park gazebo for large groups, a new ADA inclusive playground structures, and rubber playground safety surfacing- in requisition & plan check) - Lemon Pepper Park (installation of playground shade structure- in requisition & plan check) - Carmela Park (installation of playground shade structure- in requisition & plan check) Parking Structure 10,000,000 222,074 Revenue Loss The project will construct a new parking structure within the parking lot of the Fontana HR Office.

In progress 3/30/2025 15,000,000 The proposed project is to be constructed within the existing parking lot of the City’s Human Resources Department Building located at 8491 Sierra Avenue, Fontana, CA 92335, and shall consist of a 4-tier parking structure. Each tier will have a footprint of approximately 130 feet by 230 feet with two vehicular entrances, one along Learner Lane and the other along Wheeler Avenue. The City anticipates the structure to include 311 vehicular parking spaces and two elevators. The intent of the structure is to serve as both public and employee parking for the civic center campus as well as the planned downtown area which is to be revitalized.

The Design-Build contract was approved by council on June 13, 2023. The project is currently in Design phase and 30% design submittal is anticipated in early October.

REVISED: Part-Time Employee Retention 152,936 152,936 Public Health & Economic ResponseProject includes recruitment and retention bonuses for part-time personnel.

REVISED: a decrease of $97,064 is recommended based on actual costs of the project.

Complete 2022-23 152,936 Project includes recruitment and retention bonuses for part-time personnel with a current allocation of $250,000.

Page 4 of 6404 ends

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL SEPTEMBER 25, 2023
Project Recommended
Amount
Expended As of
9/25/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Public Safety Premium Pay 887,901 887,901 Premium Pay Project includes public safety retention bonuses which were previously categorized as Employee Retention/Incentive as Public Health & Economic Response.

REVISED: a decrease of $661,585 is recommended based on actual costs of the project which was completed due to Treasury deeming any pay after April 10,2023 inelgible.

Complete 2022-23 887,901 Project includes public safety retention bonuses. Project is Complete Septic to Sewer 2,000,000 - Water, Sewer, and Broadband Infrastructure
The project will provide septic to sewer conversion in a disadvantaged communities (DAC) area in the city.

In Progress 6/30/2025 2,000,000 The City will utilize up to $1,000,000 to create sewer plans for the area known as D-8 (south of Foothill, east of Alder, north of Merrill and west of Maple Sewer and Storm Drain Infrastructure
Masterplan
375,130 251,780 Water, Sewer, and Broadband Infrastructure
For consultant provided services in order to develop a masterplan document to forecast future infrastructure needs.
9/30/2022 1/30/2024 375,130 Contract with David Evans and Associates. for $375,130 was approved on October 10, 2022.

Contract is being funded by ARPA. Due to staff shortage in consultant, the expected completion date is Jan 2024.

Update Master Infrastructure Plans 424,870 281,836 Water, Sewer, and Broadband Infrastructure
Storm Drain and Sewer master plans update. With completed projects and various changes since the last update, the master plans are due for an update.
9/30/2022 1/30/2024 478,502 Contract with Albert A. Webb Associates, Inc. for $478,502 was approved on October 3, 2022.

Contract is being funding by ARPA and $53,632 from Fund 702. An addendum for $40,000 is approved by the City Council from Fund 702 to provide more detailed analysis of the Downtown Area with the funds being drawn from the Sewer Capital Projects Fund. Due to additional scope of the project, the project will be completed in Jan 2024..

Vaccine Bonus 527,454 527,454 Public Health & Economic Response Project includes a citywide vaccine bonus. Complete 2022-23 527,454 Project includes a citywide vaccine bonus. Citywide Vaccine Bonus, 40 hours per full-time employee with a current allocation of $527,454. Project ended in December 31, 2022.

Ventilation Upgrade for City Facilities 2,322,150 2,322,150 Public Health & Economic Response Upgrades to existing HVAC equipment to provide better protection to employees from Covid-19.

Revised: a decrease of $177,850 is recommended based on actual costs of the project which ended.

Completed 7/30/2023 2,500,000 Project went out to bid and closed August 23, 2022. Bid responses are being evaluated by Purchasing and contract will be presented to council for consideration in September 2022.

Installation began January 2023 and was completed July of 2023. There were a total of 990 air purifiers installed along with 200 air monitors in a total of 20 city buildings. Completed.

Total 50,257,113 14,317,260

Page 5 of 6405 ends

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL SEPTEMBER 25, 2023
Project Recommended
Amount
Expended As of
9/25/23
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
REVISED: Helicopter Purchase 3,000,000 3,000,000 This request is for an A-Star helicopter which will allow for a more available fleet and readied aircraft while one or more are down for scheduled or unscheduled maintenance. The A-Star can fly in windy conditions and eliminate the current loss of approximately 30% of hours due to inclement weather. Additionally, the upgraded program could provide for the ability to support an officer down rescue.

The increased functionality of the A-Star will allow for integrated maps to support in pursuits and tactical situations; recording capabilities to assist in evidence, training, and civil litigations; the ability to fly at higher altitudes to assist in covert surveillances to aid the Narcotics Unit, Fugitive Apprehension Team, and other units in the special operations division.

Additionally, the A-Star will also provide air support to the Fire District including fire patrol and real-time tactical assessments improving response times and decreasing loss of property.
5/27/2022 11/30/2022 3,000,000 The AirBus Helicopter was purchased and delivered in May 2022 as well as the Chopper Spotter The balance of the outstanding expenditures will be presented to Council and funding (General Fund 101) request will be submitted for approval as needed. Project details include the following:
- 2011 Air Bus AS350B2 ($1,670,125) - purchased using General Fund (101) May 2022. - Chopper Spotter ($22,760) - purchased using General Fund (101) - 5 Year Impound Fees ($625,000) - General Fund (101) monies need to be requested and placed in a project as a one time payment of ($625,000). Funds were in original proposal for annual maintenance (5 yrs x $125,000)
- 12 Year Maintenance ($225,000) - General fund (101) request submitted for 1st Qtr. (2023-2024) - FY 21/22 Prorated Premium Insurance ($3,962) - General Fund (101) paid July 2022. - FY 22/23 Insurance ($47,541) Increase cost of insurance. FY 23/24 Insurance billed at the same rate of FY 22/23. Insurance premium paid from General Fund (101). - Cargo Hook Kit/Bambi Bucket ($100,000) - Currently aircraft unavailable to install equipment. Fire District/Dept will be contacted when ready to proceed with purchase.

Additionally, there are on-going associated costs related to general contract increase for fuel, maintenance, storage, flight hours, and insurance premiums. The Police Department will include General Fund (101) increase request annually during budget preparation and supplement budget preparation.

This project is now funded by General Fund. Remaining outstanding items to be purchased included: Remaining Impound Fees, 12 Year Maintenance, and Cargo Hook Kit/Babmi Bucket.

Pavement Rehabilitation 5,000,000 TBD For annual work related to the City's Pavement Management Plan. 3/1/2023 8/30/2024 5,000,000 Project is currently in design and construction phases.

Page 6 of 6406 ends

City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2547 Agenda Date: 10/24/2023
Agenda #: A. Category: New Business
FROM:

Planning Department
SUBJECT:

MIS23-015: A request for permission to file a new application for a general plan amendment, specific plan amendment, zoning district map amendment, three design reviews, three tentative parcel map requests and development agreement for the property located at Citrus and Oleander Avenue at Santa Ana Avenue due to a change in plans pursuant to Fontana Municipal Code Section 30-39, 30- 47 and 30-74 (Time Limitations).

RECOMMENDATION:

Staff is recommending that City Council grant Acacia Real Estate Group, Inc. (the “Applicant”) permission to file a new application based on a change in the plans to be submitted, pursuant Fontana Municipal Code Section 30-39, 30-47, and 30-74 (Time Limitations).

COUNCIL GOALS:
· Promote economic development by concentrating on job creation.

DISCUSSION:

On May 18, 2023 the Applicant submitted Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 and Development Agreement (DA) No. 23-005, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), for the development of three (3) industrial commerce buildings totaling approximately 540,849 square feet within a project area totaling 29.4 acres.

On July 25, 2023, after consideration, City Council denied the project with a vote of 3-2 at its regularly scheduled public hearing.

On October 4, 2023, John Shardlow with Allen Matkins Leck Gamble Mallory & Natsis LLP, submitted a request for permission to file a new application based on revisions to the proposed project on behalf of the Applicant, this request is attached hereto as Attachment No. 1. In the request, Mr.

Shardlow notes a change in plans for the Citrus and Oleander Avenue at Santa Ana project and proposes to submit a revised project for consideration that will address input from the City and the public, including an enhanced environmental design and additional community benefits.

As noted above, the subject project consisted of a proposed General Plan Amendment, Zoning District Map Amendment, Specific Plan Amendment, Development Agreement, 3 Design Review City of Fontana Printed on 10/19/2023Page 1 of 2
powered by Legistar™
407
File #: 21-2547 Agenda Date: 10/24/2023
Agenda #: A. Category: New Business
applications, and 3 Tentative Parcel Map applications.

Sections 30-39 (General Plan Amendment, Time limitations) and Section 30-74 (Specific Plan Amendment, Time limitations) of the Zoning and Development Code both state that if an application (for a general plan amendment or a specific plan amendment, respectively) is denied by either the Planning Commission or City Council, another application of the same nature and effecting the same property shall not be filed with a period of one year from the date of denial. However, the aforementioned section also provides that a hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate that a new application is warranted.

The Applicant’srequest is for permission to file an application reflecting revisions to the previously considered plans. Allowance of such a submittal for both a General Plan amendment and a Specific Plan amendment is therefore within the City Council’s authority.

Section 30-47 of The Zoning and Development Code (Development Code and Zoning District Map Amendment) states that if an application for an amendment is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed with a period of one year from the date of denial. However, the Director of Community Development may allow for a new application to be filed if a change in circumstances or plans indicate that a new application is warranted.

Staff’sintent would be that the Director of Development Services would make a determination on the Zoning District Map amendment consistent with the City Council’s determination.

There are no restrictions on resubmittal of Development Agreement, Design Review or Tentative Parcel map applications.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 10/19/2023Page 2 of 2
powered by Legistar™
408

Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
2010 Main Street, 8th Floor | Irvine, CA 92614-7214
Telephone: 949.553.1313 | Facsimile: 949.553.8354
www.allenmatkins.com
Jonathan E. Shardlow
E-mail: [email protected]
Direct Dial: 949.851.5422 File Number: 393864.00001/4861-3878-8996.1

October 4, 2023
Fontana City Hall
Patty Nevins, Director of Planning
8353 Sierra Avenue
Fontana, CA 92335

Re: Citrus & Oleander Avenue at Santa Ana Avenue – Request to Permit Filing of New Application for Change in Plans
Dear Ms Nevins:

On behalf of the applicant, in connection with the above referenced project, and more specifically, Master Case (MCN) No. 22-053, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review No. 22-061 (Building No. 2) Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment No. 22-002 and Development Agreement No. 23-005, pursuant to Fontana Zoning Code Section 3-39, we hereby request permission to file a new application given that a change in plans indicate a new application is warranted pursuant to Fontana Zoning Code Section 3-39.

The revised project to be submitted for consideration will address input from the City and public, including enhanced environmental design and additional community benefits.

Please do not hesitate to contact me with any additional information you may need to consider the request for permission to file the new application.

Very truly yours,

Jonathan E. Shardlow
JES

409
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2557 Agenda Date: 10/24/2023
Agenda #: B. Category: New Business
FROM:

Finance
SUBJECT:

General Fund Balance and Reserve Policy
RECOMMENDATION:

1. Approve the General Fund Balance and Reserve Policy

2. Approve the City’s Pension Liability Pre-Funding Plan of Additional Discretionary Payments COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by emphasizing capital formation. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The Government Finance Officers Association (GFOA) has established a series of best practices for financial policies to guide governmental entities in achieving sound fiscal health, transparency, and accountability. One of these recommended best practices is establishing a fund balance and reserve policy. A fund balance and reserve policy is a formal document to manage and maintain a certain level of financial resources in reserve. This policy is aimed at ensuring fiscal stability, enhancing financial management, and building the capacity to absorb financial uncertainties.

The City currently maintains a 25% contingency reserve which is adopted annually in the budget by the City Council. As the City is committed to prudent fiscal practices, the proposed General Fund Balance and Reserve Policy (Policy) fully establishes this practice with the goal to maintain adequate General Fund reserves to ensure consistent, uninterrupted municipal services in the event of unexpected temporary revenue shortfalls or unpredicted one-time expenditures, as well as the creditworthiness of the City. Specific components of the proposed Policy include:
· Policy statement outlining the need for adequate financial reserves · Distinction between the financial reporting of fund balance versus budget · Definitions of the five different components of fund balance · Establishment of a committed fund balance
· Target levels for committed fund balance
· Methodology to meet target reserve levels
· Methodology to replenish General Fund Reserves
City of Fontana Printed on 10/19/2023Page 1 of 3
powered by Legistar™
410
File #: 21-2557 Agenda Date: 10/24/2023
Agenda #: B. Category: New Business
· Assigned fund balance defined
· Unassigned fund balance defined
KEY COMPONENTS OF THE PROPOSED POLICY:

Committed Fund Balance
The proposed Policy includes two committed fund balance reserves:
· General Fund Contingency Reserve -to mitigate financial risks associated with unforeseen or unexpected revenue shortfalls due to changes in the economic environment and to mitigate costs associated with public emergency such as a natural disaster or other catastrophic events. GFOA recommends, at a minimum, that general purpose governments, regardless of size, maintain unrestricted budgetary fund balance in their General Fund of no less than two months (17%) of regular General Fund operating revenues or expenditures. The proposed Policy reflects the City’s current policy of maintaining a 25% committed fund balance for General Fund Contingencies, with a target of 30%.
· General Fund Operating Reserve - to provide one-time funding for unexpected or unprogrammed operational needs and may be used if authorized by a majority vote of the City Council. The proposed Policy sets this reserve at $2.0 million.

Unassigned Fund Balance
Unassigned fund balance results from when fund balance exceeds the combined total of non- spendable, restricted, committed and assigned fund balances. As the City is committed to prudent fiscal practices, upon final close of the fiscal year, any unassigned fund balance, less any encumbrances and budget being carried forward to the next fiscal year, shall be appropriated 50/50 between the prefunding of the City’s pension unfunded liability and road improvements.

PENSION LIABILITY PRE-FUNDING PLAN
On September 12, 2023, the City Council held a workshop for the CalPERS Pension Plan Overview and Pre-Funding Plans. During the workshop three primary plans were discussed as options to pre- fund the City’s CalPERS pension unfunded accrued liability and the options included additional discretionary payments, a 15-year re-amortization, and additional contributions to the City’s Pension 115 Trust.

Staff recommends the City take advantage of the additional discretionary payment plan, which would result in annual additional payments based upon the proposed Policy’s unassigned fund balance as described above. It is estimated that the City would realize approximately $48.2 million in interest savings over the course of the next 20 years through the additional contributions of $5 million a year for the next five years. Although this plan does not result in the highest amount of interest savings, it’s the most balanced approach allowing the City flexibility and keeping the highest annual payment lower than the other options presented.

FISCAL IMPACT:

Although there is no fiscal impact associated with the approval of this item, the proposed Policy will result in the formal establishment of a methodology from which General Fund reserves and the pension liability pre-funding plan will be funded.

City of Fontana Printed on 10/19/2023Page 2 of 3
powered by Legistar™
411
File #: 21-2557 Agenda Date: 10/24/2023
Agenda #: B. Category: New Business
MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 10/19/2023Page 3 of 3
powered by Legistar™
412

CITY OF FONTANA

General Fund Reserve
Policy
2023

Prepared by the Finance Department
Jessica Brown, Chief Financial Officer

413
City of Fontana
General Fund Reserve Policy

Contents
PURPOSE ................................ ................................ ................................ ................................ .. 1 POLICY ................................ ................................ ................................ ................................ ....... 1

1. Adequate Financial Reserves ................................ ................................ ........................... 1

2. Financial Reporting versus Budget ................................ ................................ ................... 1

3. Fund Balance Defined ................................ ................................ ................................ ...... 1

4. General Fund Committed Fund Balance ................................ ................................ ........... 2

5. Target Levels and Methodology for Committed Fund Balance ................................ .......... 2

6. Methodology to Meet Target Reserve Levels ................................ ................................ .... 3

7. Replenishment of General Fund Reserves ................................ ................................ ....... 3

8. Assigned Fund Balance ................................ ................................ ................................ .... 3

9. Unassigned Fund Balance ................................ ................................ ................................ 4

414
City of Fontana
General Fund Reserve Policy
1 PURPOSE

The City is committed to prudent fiscal practices and maintaining adequate General Fund reserves to ensure consistent, uninterrupted municipal services in the event of unexpected temporary revenue shortfalls or unpredicted one -time expenditures, as well as the creditworthiness of the City. The General Fund Reserve Policy (the Policy) establishes the appropriate level of unassigned fund balance in the General Fund, sets conditions warranting its use, and outlines the plan to replenish it if the balance fell below the Policy level.

POLICY

The General Fund is the City’s primary operating fund. It is not connected to any one specific revenue source and pays for general services provided by the City as well as public safety and capital improvements. A vital attribute of a financially stable organization is having the appropriate level of reserves. It allows the City to mitigate current and future financial risks resulting from economic instability or catastrophic loss.

1. Adequate Financial Reserves

The City shall establish and maintain adequate financial reserves to prepare for the impact economic cycles, and physical disasters have upon essential services to the public and ensure annual fluctuations in revenue do not impede the City’s ability to meet expenditure obligations.

2. Financial Reporting versus Budget

Fund balance, as a measurement of financial resources available in a governmental fund, is used in both financial reporting and budgeting. There are differences between the two, which will likely result in different amounts reported in the financial statements and the budget. Financial statements report the total of all General Fund and its sub- funds’ fund balances, yet budgetary fund balance typically focuses on the General Fund itself only. In addition , the timing difference in recognition of revenues and expenditures also contributes to the variance between the two. For example, encumbrances arising from purchase orders and contracts reduce budgetary fund balance, yet it has no impact on the financial statements.

3. Fund Balance Defined

In the context of financial reporting, the term fund balance is used to describe the 415

difference between the assets and liabilities reported in a governmental fund. Under current accounting standards, there are five separate components of fund balance:
 Nonspendable Fund Balance (inherently non-spendable, such as inventory)  Restricted Fund Balance (externally enforceable limitations on use, such as grants, contributions, or endowments)
 Committed Fund Balance (self-imposed limitation on use through City Council action)
 Assigned Fund Balance (limitation resulting from intended use)  Unassigned Fund Balance (residual net resources)

The first two components listed above are not specifically addressed in the Policy due to the nature of their restrictions.

4. General Fund Committed Fund Balance

The City Council, as the City’s highest level of decision-making authority, may commit fund balance for specific purposes pursuant to constraints imposed by formal actions taken, such as an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action t o commit fund balance needs to occur within the fiscal period ; however, the amount can be determined subsequently. Two committed fund balances shall be maintained:

 General Fund Contingencies Reserve s shall have committed fund balance to mitigate financial risks associated with unforeseen or unexpected revenue shortfalls due to changes in the economic environment and to mitigate costs associated with public emergencies such as natural disasters or other catastrophic events. In times of eco nomic downturn, if revenues are insufficient to meet the normal operating requirements of essential services or in the event of extreme, one-time events, such as earthquakes, fires, floods, civil disturbance, and terrorist attacks, funds contained in the Contingencies Reserve may be used if authorized by a two-thirds vote of the City Council.
 General Fund Operating Reserves shall have a committed fund balance to provide one-time funding for unexpected or unprogrammed operational needs and may be used if authorized by a majority vote of the City Council.

5. Target Levels and Methodology for Committed Fund Balance

 General Fund Contingencies Reserve – Per the Government Finance Officers Association (GFOA) , it is recommended, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted budgetary fund balance in their General Fund of no less than two months of regular General Fund operating 416

revenues or expenditures. Following sound financial practices and adhering to the GFOA recommendation, the City commits to maintaining a minimum level of 25% (or two months) of adopted operating expenditures, with a goal of reaching 30% over time in Contingency Reserves.

The methodology for calculating the required 25% Committed Fund Balance is 25% of budgeted operating expenditures, excluding one-time expenditures. One- time expenditures are identified with the adoption of the annual budget.

 General Fund Operating Reserves – reserves shall have a committed fund balance of $2.0 million.

6. Methodology to Meet Target Reserve Levels

At the end of each fiscal year, the Finance Department reports on the audited fiscal results. Should actual General Fund revenues exceed expenditures and encumbrances/carryovers, a year -end operating surplus shall be reported. The yearend surplus could be appropriated as follows (listed in order of priority):
 Meet the required minimum funding target reserve levels as set by the Target Levels and Methodology for Committed Fund Balance above.  Based upon the City Manager’s direction, commit additional funding to the Committed Fund Balance Contingency Reserve up to 30%.

7. Replenishment of General Fund Reserves

A replenishment schedule shall be adopted simultaneously with the appropriation from the reserve funds . Replenishment shall begin no later than 5 years from the year of the appropriation and be completed within 10 years.

8. Assigned Fund Balance

Amounts that are constrained by the City’s intent to be used for specific purposes, but are neither restricted nor committed, are considered as Assigned Fund Balance. This policy hereby delegates the authority to assign amounts for specific purposes to the City Manager. Assigned Fund Balance could include:
 Encumbrances – goods and services on purchase orders and contra cts that are to be delivered.
 Carryover – appropriation by City Council for specific projects or programs that were not completed and not encumbered by fiscal year-end.  GASB 31 Gain – unrealized investment gains that have been recorded in the financial statement in accordance with governmental accounting standards.  Set Asides – amount designated for certain capital replacement, reduction of debt, special events or non-recurring expenditure needs of the City. 417

9. Unassigned Fund Balance

Unassigned fund balance results from when fund balance exceeds the combined total of non-spendable, restricted, committed and assigned fund balances. As the City is committed to prudent fiscal practices, u pon final close of the fiscal year, any unassigned fund balance, less any encumbrances and budget being carried forward to the next fiscal year, shall be appropriated 50/50 between the prefunding of the City’s pension unfunded liability and road.

418
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2552 Agenda Date: 10/24/2023
Agenda #: C. Category: New Business
FROM:

Development Services
SUBJECT:

Special Ballot Measure Tax Consulting
RECOMMENDATION:

Approve and authorize the City Manager to enter into an agreement (SP-50-FD-23-01) and any future amendments with DTA, Inc. in the amount of $79,500 for an exploratory tax study of Community Facilities District fund consolidation and restructuring.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by developing long-term funding and debt management plans.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The City of Fontana is exploring a November 2024 ballot measure to maximize the use of Community Facility District revenues for services throughout the city. Specifically, the proposal will include consolidation of residential and commercial CFDS which typically provide funding for the maintenance of streetlights and landscaping with city parks and parkways. In additional, the measure will propose a new special tax on industrial uses within the city, primarily to pay for road maintenance and repairs. The tax study will analyze current districts and assist with developing a restructured and consolidated district.

On April 25, 2023, DTA was awarded a bid for Community Facilities District Administration Services (SP-50-FD-23) and staff is recommending issuing a separate agreement for the tax study of the CFD for the ballot measure.

DTA has a long history with the City of Fontana and has been instrumental in the development of many current Community Facilities Districts throughout the City. They have conducted numerous fee studies for the City of Fontana as a special tax consultant and have extensive expertise in developing specialized financing districts for public agencies throughout California and more than 3,000 clients in 22 states nationwide.

Consulting services provided will be billed as time and materials, not to exceed $75,000 plus out of pocket expenses not to exceed $2,500. Three (3) meetings with City staff or the City Council are City of Fontana Printed on 10/19/2023Page 1 of 2
powered by Legistar™
419
File #: 21-2552 Agenda Date: 10/24/2023
Agenda #: C. Category: New Business
included. Optional additional in person meetings will not exceed $1,000 per in-person meeting. Total request for $79,500 includes budget for two optional and additional meetings.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $79,500 and was not included in the 2023-24 Adopted Budget. The necessary budget adjustments are included in the First Quarter Budget Status Report and funding is requested from the General Fund.

MOTION:

Approve staff recommendation
City of Fontana Printed on 10/19/2023Page 2 of 2
powered by Legistar™
420
421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

▪

436

437

438

439

440

441

442

443
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2564 Agenda Date: 10/24/2023
Agenda #: D. Category: New Business
FROM:

Development Services
SUBJECT:

Special Ballot Measure Feasibility Survey
RECOMMENDATION:

Approve and authorize the City Manager to enter into an agreement with FM3 Research in the amount of $104,800 to provide feasibility survey and research for a potential November 2024 Community Facilities District consolidation ballot measure.

COUNCIL GOALS:
· Increase citizen involvement by seeking community input. · Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by developing long-term funding and debt management plans.
· 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 is exploring a November 2024 ballot measure to maximize the use of Community Facility District revenues throughout the City. Specifically, the ballot measure will propose consolidation of all residential and commercial property CFD taxes for maintenance of streetlights, parks, and parkway landscaping, as well as impose a new special assessment on Industrial uses in the city for road maintenance and repair. The feasibility survey research will engage and inform City residents while randomly sampling 800 likely November 2024 voters. Invitations to a 20-minute survey with 45-70 unique questions will be sent via email and text message and be completed via telephone interviews and online in both English and Spanish.

FM3 Research specializes in city, county and special district public policy-oriented research and utilizes a cost saving in-house research team. They have conducted extensive research for multiple agencies within San Bernardino County and have contributed to successful passage of over 600 local financial measures.

Initial survey research of City of Fontana voters will be prepared for a not-to-exceed amount of $59,300. An optional 15-minute tracking survey of 400-600 voters has a not-to-exceed cost of $37,750 - $45,500.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $104,800 and was not included in the City of Fontana Printed on 10/19/2023Page 1 of 2
powered by Legistar™
444
File #: 21-2564 Agenda Date: 10/24/2023
Agenda #: D. Category: New Business
2023-24 Adopted Budget. The required budget adjustments are included in the First Quarter Budget Status Report and General Fund appropriation is being requested.

MOTION:

Approve staff recommendation
City of Fontana Printed on 10/19/2023Page 2 of 2
powered by Legistar™
445

12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

TO Philip Burum, Deputy City Manager
City of Fontana
FROM Dr. Richard Bernard, Adam Sonenshein and Maya Gutierrez FM3 Research
RE: City of Fontana Survey Research
DATE September 11, 2023

Fairbank, Maslin, Maullin, Metz & Associates (FM3) is happy to submit this scope of work and cost proposal to provide survey research to inform the City on the feasibility of a number of potential revenue measures in an upcoming City Election.

Details on the recommended survey specifications and estimated costs are provided below.

PROPOSED RESEARCH SPECIFICATIONS AND ESTIMATED COSTS
Research
Methodology
Dual-mode, telephone and online survey , with contact of potential respondents by telephone (cell phones and landlines), email invitations and text message invitations Survey Universe Likely November 2024 Voters in the City of Fontana Sample Size 800 respondents, with a sample of 400 focused on each of the respective diverse measures
Margin of
Sampling Error
±3.5 percent in 95 out of 100 cases for a sample of 800 respondents ±4.0 percent in 95 out of 100 cases for a sample of 600 respondents ±4.9 percent in 95 out of 100 cases for a sample of 400 respondents Questionnaire
Length
20-minute survey, featuring between 45 and 70 unique questions (including battery question items and demographic questions)
Languages We recommend telephone interviews in English and Spanish online and on the telephone. 446

12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

Page 2 ends

Deliverables Following the completion of the survey, FM3 will provide:
• A questionnaire with the topline results of the survey for easy reference • An analysis of survey results in PowerPoint
• A presentation of the survey results (if requested)

FM3 will also be available for ongoing consultation and any further analysis of the research.

Cost FM3 is prepared to conduct the baseline 20-minute dual-mode survey among a random sample of 800 likely November 2024 City of Fontana voters for a not-to-exceed cost of $59,300. This cost is comprehensive, and includes questionnaire design, sample acquisition and preparation, programming, email and text message invitations, bilingual online survey hosting and telephone interviewing in English and Spanish , data entry and analysis, and reporting.

If one or both of the measures examined in the baseline survey appear viable and the City of Fontana City Council is interested in deliberating in the Summer of 2024 as to whether to place one or both of the measures on the November 2024 Ballot, FM3 recommends an optional tracking survey in late Spring/early Summer be considered.

In this case, FM3 recommends a 15-minute tracking survey of 400 to 600 likely November 2024 Election voters, available in English and Spanish, online and on the telephone. The cost of this survey, including all tasks outlined in the baseline survey, ranges from a not-to-exceed cost of $37,750 to $45,500 depending on the sample size selected.

We are excited to work together on this project. If you have any questions or if there is any further information we can provide, please do not hesitate to contact us. Thank you for your consideration and you may reach us as follows:

Richard Bernard, Ph.D. (Partner)
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(310) 428-1809 (Cell)
[email protected]

Adam Sonenshein (Senior Vice President)
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(310) 569-3653 (Cell)
[email protected]
Maya Gutierrez (Researcher)
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(661) 709-1845 (Cell)
[email protected]
447
Background and Experience
Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research or FM3) has been conducting public policy - oriented opinion research since 1981 on issues of major economic and social concern. As a California- based company, we are a medium-sized research firm with 22 full-time employees working out of our Los Angeles and Oakland offices. The research FM3 conducts goes far beyond simply documenting the knowledge, views, and behaviors of various populations. Rather, our work produces actionable data that provides a strategic roadmap for policy makers and informs community outreach and communication efforts.

Each of the research projects we do is led by one (or more) of our six partners, all of whom are nationally respected authorities on public opinion research. As our client, you will have direct access to not only the partner working on your project, but also several other key staff members with advanced degrees in public policy, research methods, and/or extensive experience working in state and local government.

While our firm is not so b ig that you will wonder who to call with your questions, we are big enough to have our own in-house data analysis/processing team and graphic design resources. This means we can provide our clients with a level of personal attention and service from firm partners and other senior staff more often associated with much smaller organizations, while also providing rapid project turnaround and more sophisticated data analysis and presentations tailored to client needs that one might expect from larger firms.

Experience Conducting Research on Revenue Measures
FM3 is a recognized leader in conducting survey research that helps California cities, counties, special districts, and other jurisdictions objectively evaluate the viability of passing local ballot measures to secure additional revenue. Our research has contributed to the passage of more than 600 local finance measures approved for 160+ California agencies in every region of the state. As evidence of the accuracy of our research, election results are typically within the margin of error of what our surveys suggest will be the level of support on Election Day.

Our research identifies the feasibility of a potential ballot measure (or measures); the most appropriate tax rate and revenue mechanism (parcel tax, sales tax, transient occupancy tax, utility user tax, bond measure, etc.); how voters would prefer additional revenue to be used; and how to phrase the ballot label language. Furthermore, the finance measure research that FM3 conducts for our public agency clients not only assists in drafting the most compelling 75-word ballot label possible, but also quantitatively identifies which unique, legally permissible messages will resonate most among the agency’s constituents when engaging in outreach and education.

Our municipal clients represent a diverse cross -section of large and small cities and other jurisdictions, including suburban, urban, and rural communities, in every region of the state of California. We make it a priority to work closely with each of our clients to design the research because we know every community or region is different and requires an approach that addresses its own unique characteristics and needs. 448
In 2022 alone, FM3 helped more than 50 local governments across California win voter ap proval to fund needed to support important services for citizens. These included:
• Sixteen sales tax measures in the cities of Atwater, Elk Grove, Galt, Goleta, Larkspur, Malibu, Monterey Park, Ontario, Pacifica, Sausalito, Tehachapi, Torrance, Vallejo Westminster • Six transient occupancy tax measures in the cities of Alameda, Imperial Beach, Paso Robles, and Sacramento, as well as Humboldt County and Placer County • Six cannabis tax measures in the cities of El Segundo, Hermosa Beach, Montclair, South Lake Tahoe, Tulare, as well as Los Angeles County
• Three business tax/fee measures in the cities of Culver City, Palo Alto, and Pico Rivera • Two parcel tax measures, one for the City of Oakland and another for the Oakland Unified School District
• Two utility user taxes in the cities of Carson and Hercules • A tax on single-use, disposable cups in Santa Cruz County

Richard Bernard, Partner
FM3 Partner Dr. Richard Bernard is one of California’s foremost public opinion researchers on issues related to public agencies, t heir services, and the funding they need to provide those services. Richard routinely provides strategic advice for a diverse set of clients including special districts, cities, counties, K -12 and community college districts, nonprofits, businesses, and la bor unions. His work helps his clients to better understand , and develop a road map for effectively communicating with, their populations of interest. Richard will serve as Project Manager for the research FM3 conducts for the City of Fontana and will be the primary day-to-day contact.

During his more than 20 years at FM3, Richard’s public opinion research efforts have helped ballot measure campaigns raise billions of dollars for city and county general fund services , public safety , schools, community colleges, transportation improvements, clean water and open space protection, and libraries. His research led to the passage of three special district measures , including the largest local transportation sales tax measure (Los Angeles County Measure M), the largest local park and open space property tax measure (Los Angeles County Measure A), and the largest local stormwater infrastructure funding measure (Los Angeles County Measure W), in U.S. history. His successful efforts reflect extensive expertise facilitating voter approval of ballot measures involving such finance mechanisms as sales taxes, parcel/property taxes, utility user taxes, transient occupancy taxes, general obligation bonds, and property owner assessments/fees.

In recent years, Richard has led research projects that have resulted in successful revenue measures for/in the cities of Alhambra, Bellflower, Burbank, Duarte, Elk Grove, Exeter, Galt, Goleta, Lakewood, Lomita, Malibu, Montebello, Monterey Park, Montclair, Moreno Valley, Norwalk, Ontario, Palmdale, Palm Springs, Paramount, Pasadena, Pico Rivera, Porterville, Riverside, Santa Barbara, San Gabriel, San Luis Obispo, 449
South El Monte, Taft, Tehachapi, Tulare, Torrance, Ventura, Visalia, West Hollywood, Whittier, and Wildomar; as well as Calaveras County, Fresno County, Kern County, and Los Angeles County.

Richard is no stranger to San Bernardino County and the City of Fontana specifically, having conducted research on behalf of the Fontana Unified School District on their successful $275 Million Dollar General Obligation Bond in 2006, as well as exploratory bond research in 2021 -2022; and he recently completed a second City of Ontario resident survey. He is currently working for the San Bernardino County Transportation Authority to help th em identify voter priorities for an updated Countywide Long Range Transportation Plan, as well as to gauge the viability of a potential transportation sales tax measure. To date on the aforementioned project, he has conducted two surveys and five focus gro ups among San Bernardino County voters. His other San Bernardino clients have included the cities of Ontario (Measure Q – Sales Tax), Montclair (Measure C – Sales Tax and Measure M – Cannabis Tax). He is currently working for the City of Chino on examining the viability of a potential sales tax in 2024. Some of his other clients in San Bernardino County have included the Inland Empire Community Foundation, San Bernardino Municipal Water District, Southern California Association of Governments , and Southern California Edison.

Richard joined the firm after being on the faculty at the University of Toronto from 1999 to 2002. While at the University of Toronto, Richard taught research methods and statistics and within his research dealt frequently with issues re lated to cities, employment, ethnicity, and families. He has published in such journals as East Asian Pacific Migration Journal, International Migration Review, and Canadian Journal of Sociology. Prior to joining the faculty at University of Toronto, Dr. Bernard was a Sloan Foundation post - doctoral fellow at the National Opinion Research Center (NORC) based at The University of Chicago, where he both designed and tested quantitative and qualitative research related to family, work, and educational issues. He is also a former transportation commissioner for the City of West Hollywood.

Education: Richard received an Honors B.A. from York University, an M.A. from McGill University, and a Ph.D. in Sociology from UCLA.

Senior Vice President Adam Sonenshein has also worked on the City of San Bernardino (sales tax), San Bernardino City Schools District (not on the ballot yet), Rialto USD (passed a bond), and Central School District (passed a bond).

450
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2565 Agenda Date: 10/24/2023
Agenda #: E. Category: New Business
FROM:

Development Services
SUBJECT:

Special Ballot Measure Development
RECOMMENDATION:

1. Approve and authorize the City Manager to enter into an agreement with TeamCivX in the amount of $94,200 for the development of a potential November 2024 Community Facilities District consolidation ballot measure and future amendments.

2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5.

COUNCIL GOALS:
· Increase citizen involvement by seeking community input. · Practice sound fiscal management by living within our means while investing in the future. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The City of Fontana is exploring a November 2024 ballot measure to maximize the use of Community Facility District revenues for services throughout the city. Specifically, the proposal will include consolidation of residential and commercial CFDs which typically provide funding for the maintenance of streetlights and landscaping with city parks and parkways. In addition, the measure will propose a new special tax on industrial uses within the city, primarily to pay for road maintenance and repairs. The ballot measure development team will provide project management of the overall ballot measure process to include strategic assessment, awareness building and community input through community meetings, presentations, newsletters, and social media. Development of the measure will ensure alignment with City and community priorities.

TeamCivX has over 25 years of specialized experience developing over 50 public finance tax measures locally and statewide. Their agency assistance and support with ballot measure development aims to build a stronger community and yield viable revenue solutions to successfully fund the City of Fontana’s operational, facility and infrastructure needs.

Staff is recommending procuring the services of TeamCivX under the Purchasing Policies and Procedure Manual Section 3.1.5 for Single Source/Sole Source. A comprehensive and time- consuming search would and impede the time sensitive development of the proposed measure and risk the ability to meet the deadline for the November 2024 ballot measure.

City of Fontana Printed on 10/19/2023Page 1 of 2
powered by Legistar™
451
File #: 21-2565 Agenda Date: 10/24/2023
Agenda #: E. Category: New Business
The project management monthly consultant fee of $7,700 includes all expenses for travel and meetings and extensive support and communication throughout the entire development process.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $94,200 and was not included in the 2023-24 Adopted Budget. The required budget adjustment is included in the First Quarter Budget Status Report and General Fund appropriation is requested.

MOTION:

Approve staff recommendation
City of Fontana Printed on 10/19/2023Page 2 of 2
powered by Legistar™
452
TeamCivX.com

Proposal for Communication and
Project Management Services

Prepared for: The City of Fontana
September 8, 2023 By: Joy Kummer, Partner TeamCivX
453
TeamCivX.com

2 Table of Contents
Firm Information .................................................................................................................... 3 Partner Biography .................................................................................................................. 4 Services .................................................................................................................................. 5 Fee Summary .......................................................................................................................... 7 References .............................................................................................................................. 8 454
TeamCivX.com

3 Firm Information On behalf of TeamCivX, I am appreciative of the opportunity to provide this proposal for services to the City of Fontana as you explore options to better provide services to your existing CFDs and the community, as well as strategies to fund road repairs impacted by traffic from your industrial zones. TeamCivX is a team of seasoned professionals with decades of experience helping Cities and other public agencies navigate the ballot measure process to achieve locally controlled funding for a variety of projects and community needs. We are project management and communications consultants with unmatched experience brining a team together, managing timelines, evaluating the feasibility of local funding measures, designing measures for the ballot that align with community priorities and implementing informational communication efforts to raise awareness of your needs and a potential ballot measure. We are respected in our industry as good “team players” that pay attention to the nuances of every community where we work to develop the customized strategies needed to meet our client’s needs. TeamCivX is uniquely positioned to support the City of Fontana for the following reasons: Unmatched Experience and Expertise. The partners at TeamCivX have been the leaders in helping California agencies develop and pass tax measures to fund operational, facility and infrastructure needs. Statewide, we’ve helped over 50 cities with sales taxes, TOT measures, business license tax measures, documentary/real estate transfer taxes, cannabis-related measures, Prop 218 measures and others. You can see our full client list at www.TeamCivX.com. Capacity to Serve You. TeamCiviX’s seasoned partners and well-trained staff have both the knowledge and the capacity to serve your needs throughout this process. I will be the main point of contact for the entire term and will be supported by one of our experienced Consultants who will help manage project logistics to ensure the plans I develop are executed on time, on budget and with precision. Experience with Information, Not Advocacy. We have extensive experience helping cities and other public agencies craft effective public informational materials that don’t cross the line into advocacy. The remainder of this proposal describes our scope of services for our services, fees and my biography. If you have questions or need additional information, please don’t hesitate to contact me on my cell phone at 510-914-0028 or [email protected]. Thank you, Joy Kummer, Partner
455
TeamCivX.com

4 Partner Biography Joy Kummer, Partner Joy is a founding partner of TeamCivX, and brings over 25 years of political, legal and community service experience to each of her clients and causes. Over the past several years, Joy has been successful in helping public agencies in all regions of California develop local public finance measures for the ballot and achieve voter support—raising billions of dollars for counties, cities, schools, hospitals, community colleges, special districts and other much-needed community projects. Joy is known as an industry leader working directly with Southern California Cities to help them develop and implement ballot funding measure strategies, including the City of Ontario, City of San Bernardino, City of Redlands, City of Barstow, City of Laguna Beach, City of Whittier, City of Murietta, City of Santa Fe Springs, and many more. Part of Joy’s success is in the relationships she builds with her clients, focusing in on their specific needs and working together to build a communication and community plan that allows them to reach their goals. She is known for her can-do attitude, friendly smile and willingness to listen and collaborate as a team to find the right solution. Joy has been a frequent presenter and expert panelist for a variety of conferences and symposiums, including the League of Cities, Association of Chief Business Officials (ACBO), County Financial Symposiums, the Coalition for Adequate School Housing (CASH), the California School Boards Association (CSBA) and California Association of School Business Officials (CASBO). Joy grew up in Montana, where she received her J.D. from the University of Montana School of Law and a B.A. in Communications from Montana State University–Billings. Prior to co-founding TeamCivX, Joy was a partner at her former consulting firm, served as Regional Field Director for U.S. Senator Max Baucus (D-MT) and as Field Director for the successful 49ers Stadium Campaign in Santa Clara, CA. Joy and her husband Todd live in Oakland where they enjoy cheering on the Golden State Warriors and Cal Bears. Joy is a proud mother and grandmother, occasional yoga instructor, slow and steady distance runner, roller coaster enthusiast and gluten-free baker. Joy Kummer, Partner [email protected] c: 510-914-0028 www.TeamCivX.com 456
TeamCivX.com

5 Services The partners and staff at TeamCivX have decades of experience helping public agencies navigate the ballot measure process to achieve locally controlled funding. We believe in the civic process and work hard to bring people together to build stronger communities. With unmatched experience managing project and evaluating the feasibility of local funding measures, we’ve been successful in virtually every economic and political climate, from economic downturns, partisan division, controversy and other challenges. Our recommended approach is outlined below, listed sequentially as we work towards placing a measure on the ballot. We’ve indicated rough timing for each phase to give you a sense of how this process might unfold over the next year in anticipation of a November 2024 election. Through the entire process, TeamCivX will create a master timeline with all revenant partners and act as the overall project manager from start to end. This helps ensure staff have the support they need every step of the way. Phase 1: Feasibility Assessment – Now–November 2023 During Phase 1, TeamCivX will work with your team to help you assess the basic viability of a potential revenue measure and identify the strategic elements needed to maximize the chances for success. We’ll help ensure you are asking the right strategic questions so that we can get an honest assessment of the options available to us and begin to develop a roadmap to a successful measure on a future ballot. Specifically, we’ll help you answer: • Does each revenue measure stand a reasonable chance success? At what passage threshold? • What potential tax rates and durations fit within the tolerances of your community? • What services and funding needs are the top priorities for your voters? • Does sufficient awareness of your funding needs exist, or is informational outreach needed? • How does projected voter turnout in upcoming elections impact a tax proposal? • What other competing measures or issues are on the horizon that could impact your measure? • How does the economy and political environment impact your measure? To help answer these questions, TeamCivX will conduct a thorough assessment of the local political landscape, analyze recent election results and work with FM3 as they design a statistically reliable opinion survey of your local voters. With key strategic questions answered through the feasibility assessment, our team will provide you with specific recommendations on how to structure your potential measures, when to go to the ballot, and communication strategies that are needed to support your efforts. If a revenue measure does not appear to be viable at the current time, we will tell you that. 457
TeamCivX.com

6 Phase 2: Awareness Building – December 2023–May 2024 Our next step is to develop and implement an informational communications plan to raise awareness of your needs, while also introducing your proposed measures and providing opportunities for community input. While cities and public agencies are legally prohibited from advocating for the passage of a revenue measure, you can educate and inform your community about your needs and plans. To build community awareness, TeamCivX will work with the City to implement an informational communications effort that will include the following components: • Develop informational messaging and fact sheets to be distributed in the community. • Provide talking points, frequently asked questions and a message training to city and community leaders who will be interfacing with the public on this issue. • Provide content related to your needs and proposed measures to be added to your website, used in social media, and included in email updates and newsletters. • Prepare PowerPoint presentations for public and community meetings. • Write design and produce mailings to inform local residents. • Develop plans to inform internal groups, including councilmembers, bargaining units, City staff. • Develop plans to inform external groups, including current and former elected leaders, business leaders, faith community leaders, ethnic community leaders, taxpayer groups and others. We will write all copy, handle the graphic design, coordinate print and mailing and handle any ad buys as needed. We will just need for you to review content and designs and make sure the information is accurate and has the right feel for your community. We will also need to coordinate with those who manage your various social media accounts. Phase 3: Measure Development – January–August 2024 Based on the results of the feasibility assessment and community input received during the awareness building efforts, we will help you develop each measure for the ballot so they align with your needs and the community’s priorities and sensitivities. Working with your team, city attorney and other experts to accomplish this work, we will: • Recommend final specifics for each measure. • Refine the final funding plans to reflect community priorities and ensuring programs eligible for funding are described in clear language the general public will understand. • Work with legal counsel to develop the 75-word ballot questions. • Work with legal counsel to develop and refine all language appearing in the ballot pamphlet mailed to all voters. • Attend council meetings as needed to provide updates, share information on measure development, first readings and eventual vote if they decide to move forward. • Work with local elections officials to ensure your measure qualifies for the ballot. * The deadline to qualify for the November 2024 ballot is August 9, 2024. With these steps complete, your measure will be on the ballot. Since public agencies cannot advocate for ballot measures, an independent campaign committee will need to be formed to run an advocacy campaign in support of the measure. TeamCivX provides campaign consulting services to independent campaign committees, but those services are not part of this proposal since an independent group must lead the campaign. 458
TeamCivX.com

7 Fee Summary As is standard in our industry, TeamCivX contracts on a monthly fee basis during the period of our engagement. For a city the size of Fontana, our monthly consultant fee is $7,700, which includes all expenses related to travel for meetings. Our fee will not change regardless of how many times you need us on the phone, responding to emails or attending meetings. TeamCivX doesn’t want you to hesitate to call when you need us. Our contract can be canceled at any time should you decide not to move forward. Partial months of service would be prorated. As an optional service, we can produce and mail informational mailers to the community and develop and implement a digital advertising program. We estimate each informational mailer to all approximately 48,500 registered voters to cost between $36,500 - $40,500 depending on exact specifications and quantities. For reference, many of our client cities choose to do 2 or 3 informational mailings over the term of the contract. Digital programs can vary widely, but we estimate that a minimum of $20,000 would be needed to create a digital/social program to deliver information broadly to City voters & residents. 459
TeamCivX.com

8 References Shannon DeLong, Assistant City Manager, City of Whittier (562) 567-9301, [email protected] Danielle Garcia, Management Service Director, City of Redlands (951) 675-7490, [email protected] Scott Ocha, City Manager, City of Ontario (626) 524-4149, [email protected] 460
TeamCivX.com

Joy Kummer, Partner Joy is a founding partner of TeamCivX, and brings over 25 years of political, legal and community service experience to each of her clients and causes. Over the past several years, Joy has been successful in helping public agencies in all regions of California develop local public finance measures for the ballot and achieve voter support—raising billions of dollars for counties, cities, schools, hospitals, community colleges, special districts and other much-needed community projects. Joy is known as an industry leader working directly with Southern California Cities to help them develop and implement ballot funding measure strategies. She has worked directly with San Bernardino County as well as several cities within the County, including the City of Ontario, City of San Bernardino, City of Redlands, City of Barstow, and several school districts in the county and region. Part of Joy’s success is in her skill to manage projects and keep them on schedule, as well as the relationships she builds with her clients, focusing in on their specific needs and working together to build a communication and community plan that allows them to reach their goals. She is known for her can-do attitude, friendly smile and willingness to listen and collaborate as a team to find the right solution. Joy has been a frequent presenter and expert panelist for a variety of conferences and symposiums, including the League of Cities, Association of Chief Business Officials (ACBO), County Financial Symposiums, the Coalition for Adequate School Housing (CASH), the California School Boards Association (CSBA) and California Association of School Business Officials (CASBO). Joy grew up in Montana, where she received her J.D. from the University of Montana School of Law and a B.A. in Communications from Montana State University–Billings. Prior to co-founding TeamCivX, Joy was a partner at her prior consulting firm, served as Regional Field Director for U.S. Senator Max Baucus (D-MT) and as Field Director for the successful 49ers Stadium Campaign in Santa Clara, CA. Joy and her husband Todd live in Oakland where they enjoy cheering on the Golden State Warriors and Cal Bears. Joy is a proud mother and grandmother, occasional yoga instructor, slow and steady distance runner, roller coaster enthusiast and gluten-free baker. Joy Kummer, Partner [email protected] c: 510-914-0028 www.TeamCivX.com 461
TeamCivX.com

Statewide Measures
Proposition 1 - Veterans and
Affordable Housing Act
Proposition 2 - Homeless Mental
Health Housing Act
Uniﬁed School Districts
Alameda USD
Albany USD
Amador County USD
Arcadia USD
Azusa USD
Baldwin Park USD
Bassett USD
Beaumont USD
Brea Olinda USD
Cabrillo USD
Capistrano USD
Carlsbad USD
Castro Valley USD
Charter Oak USD
Claremont USD
Conejo Valley USD
Corona-Norco USD
Cotati-Rohnert Park USD
Culver City USD
Davis Joint USD
Downey USD
Dublin USD
El Rancho USD
Fairfield-Suisun USD
Folsom Cordova USD
Fremont USD
Garden Grove USD
Glendale USD
Hayward USD
Irvine USD
Jurupa USD
Kerman USD
La Cañada USD
Lake Elsinore USD
Lammersville USD
Las Virgenes USD
Lompoc USD
Long Beach USD
Los Alamitos USD
Los Angeles USD
Madera USD
Manhattan Beach USD
Manteca Unified USD
Martinez USD
Milpitas USD
Monterey Peninsula USD
Moorpark USD
Moreno Valley USD
Morgan Hill USD
Morongo USD
Mount Diablo USD
Mountain Empire USD
Napa Valley USD
Newark USD
New Haven USD
Novato USD
Oak Park USD
Orange USD
Pajaro Valley USD
Palo Alto USD
Palos Verdes Peninsula USD
Paradise USD
Patterson Joint USD
Pleasanton USD
Poway USD
Riverside USD
Sacramento City USD
Saddleback Valley USD
San Jose USD
San Lorenzo Valley USD
San Marcos USD
San Marino USD
San Ramon Valley USD
Santa Ana USD
Santa Monica-Malibu USD
Simi Valley USD
Snowline Joint USD
Sonoma Valley USD
South Pasadena USD
South San Francisco USD
Tahoe Truckee USD
Tustin USD
Ukiah USD
Val Verde USD
Vallejo City USD
Vista USD
Walnut Valley USD
Washington USD
Westa Contra Costa USD
Woodland Joint USD
Yucaipa-Calimesa Joint USD
Elementary School Districts
Alisal Union SD
Alpine Union SD
Alta Loma SD
Alum Rock Union Elementary SD
Anahiem Elementary SD
Auburn Union SD
Beardsley SD
Belmont-Redwood Shores SD
Berryessa Union SD
Bonsall SD
Buena Park SD
Burlingame SD
Cambrian SD
Campbell Union SD
Castaic Union SD
Central SD
Centralia Elementary SD
Cupertino Union SD
Del Mar Union SD
Miller Creek SD
Fountain Valley SD
Franklin-McKinley SD
Fruitvale SD
Fullerton SD
Huntington Beach City SD
Jefferson Elementary SD
Kentfield SD
La Mesa-Spring Valley Union SD
Lakeside Union SD
Larkspur-Corte Madera SD
Live Oak SD
Loma Prieta Joint Union SD
Los Altos SD
Los Gatos Union SD
Lowell Joint SD
Menifee Union SD
Millbrae SD
Modesto City Elementary SD
Moraga SD
Moreland SD
Mountain View Whisman SD
Norris SD
North Sacramento SD
Oakley Union Elementary SD
Ocean View SD
Orinda Union SD
Pacifica SD
Palmdale SD
Perris Elementary SD
Petaluma City Elementary SD
Portola Valley SD
Ravenswood City SD
Redwood City SD
Reed Union SD
Romoland SD
Rosemead SD
Roseville City SD
San Carlos SD
San Mateo-Foster City SD
San Rafael Elementary SD
Santa Cruz City Elementary SD
Santa Rita Union SD
Santa Rosa Elementary SD
Saratoga Union SD
Saugus Union SD
Savanna SD
Soquel Union Elementary SD
Sulphur Springs Union SD
Union SD
Victor Elementary SD
Westminster SD
High School Districts
Campbell Union HSD
Chaffey Joint Union HSD
Delano Joint Union HSD
East Side Union HSD
El Dorado Union HSD
Fullerton Joint Union HSD
Galt Joint Union HSD
Jefferson Union HSD
Los Gatos-Saratoga Union HSD
Mountain View-Los Altos HSD
Nevada Joint Union HSD
Oxnard Union HSD
Perris Union HSD
Petaluma Joint Union HSD
Placer Union HSD
Roseville Joint Union HSD
San Benito HSD
San Dieguito Union HSD
San Mateo Union HSD
San Rafael HSD
Santa Cruz City HSD
Santa Rosa HSD
Sequoia Union HSD
Tamalpais Union HSD
William S. Hart Union HSD
Community College Districts
Allan Hancock College
Antelope Valley College
Cabrillo College
Chabot-Las Positas CCD
Chaffey College
College of the Canyons
College of Marin
College of the Siskiyous
Contra Costa CCD
Foothill-De Anza CCD
Gavilan College
Glendale College
Hartnell College
Lane Community College
Mendocino College
Merced CCD
MiraCosta College
Monterey Peninsula College
Napa Valley College
Pasadena City College
Peralta CCD
Mt. San Jacinto CCD
Rancho Santiago CCD
Riverside CCD
San Bernardino CCD
San Joaquin Delta CCD
Santa Barbara City College
Santa Monica College
Santa Rosa Junior College
Yuba College
Hospitals and Healthcare
Salinas Valley Memorial Healthcare
System
Seton Medical Center
Valley Health System*
*private-side campaign only
The unmatched experience of TeamCivX’s ﬁve partners
462

STATE OF MINNESOTA
Office
of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 June 13, 2023
Ashley Salinas
Dell Marketing L.P.

One Dell Way
Mailstop RR1-33 Legal
Round Rock, TX 78682
Dear Ms
. Salinas:

Enc
losed for you to complete and return is Amendment No. 6 to NASPO Master Agreement No. MNWNC-108.

Usi
ng the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by June 15, 2023.

If th
e Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.

If y
ou have any questions, please feel free to contact me.

Sinc
erely,
And
y Doran
IT Acquisitions Supervisor
Enclosure(s)
DocuSign Envelope ID: DCBDB787-8097-4E3E-8079-7AA549093A71 92463
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 6 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 6 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).

WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 1, 2015, through July 31, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.

Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.

NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:

1. That NASPO Master Agreement No. MNWNC-108 is extended through October 31, 2023, at the same prices, terms, and conditions.

This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.

Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.

1. Dell Marketing L.P.

The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.

By:

Signature

Printed Name
Title:

Date:

By:

Signature

Printed Name
Title:

Date:

2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.

By:

Title: Acquisition Management Specialist
Date:

3. Commissioner of Administration
Or delegated representative.

By:

Date:

DocuSign Envelope ID: DCBDB787-8097-4E3E-8079-7AA549093A71 ParaLegal Advisor
6/13/2023
Katherine Castillo
6/13/2023
6/13/2023
93464
State of California

GOVERNMENT CODE
Section 34090.6
34090.6. (a)  Notwithstanding the pro visions of Section 34090, the head of a department of a city or city and county , after one year , may destro y recordings of routine video monitoring, and after 100 days may destro y recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the e vent that the recordings are e vidence in any claim filed or an y pending litigation, they shall be preserved until pending litigation is resolved. (b)  For purposes of this section, “recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments.
(c)  For purposes of this section, “routine video monitoring” means video recording by a video or electronic imaging system designed to record the re gular and ongoing operations of the departments described in subdi vision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.
(d)  For purposes of this section, “department” includes a public safety communications center operated by the city or city and county. (Amended by Stats. 2009, Ch. 88, Sec. 50. (AB 176) Effective January 1, 2010.) 84465

Fontana City CouncilOctober 24, 2023

Fontana City Council
October 24, 2023