Tuesday, February 27, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1942 Reso. No. 2024-007
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda February 27, 2024 Welcome to a meeting of the Fontana City Council.
Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.
Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602.
The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.
PUBLIC COMMUNICATION - CLOSED SESSION:
This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.
A. Public Communications - Closed Session
CLOSED SESSION:
A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood/Orange and San
Bernardino Counties, Inc. vs. City of Fontana
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 0191-161-13 (16726 Spring Street); 0191-161-18 21-2851
2 City Council Meeting Regular Agenda February 27, 2024 (16710 Spring Street)
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: J. Esther Taylor
Under Negotiating: Price and Terms of payment
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 0191-162-21;0191-162-22 (16767 Spring Street) City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Vincent Duarte
Under Negotiating: Price and Terms of payment
CALL TO ORDER/ROLL CALL:
A. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement:
PRESENTATIONS:
A. Presentations
A. 1. Mayor Warren and City Council to recognize
Engineering/ Public Works Employee of the Year (Public
Works Director/ City Engineering, Gia Kim to present).
21-2853
PUBLIC COMMUNICATIONS:
This is an opportunity for members of the public to address the City Council for up to three (3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .
A. Public Communications
CONSENT CALENDAR:
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the
3 City Council Meeting Regular Agenda February 27, 2024 Consent Calendar for discussion.
A. Approval of Minutes 21-2827
Approve the minutes of the February 13, 2024, Regular City Council Meeting.
Attachments: City Council Meeting Minutes 02-13-2024.pdf B. Adopt Resolution 2024-007 of the City Council of the City of Fontana approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act
21-2747
Adopt Resolution No. 2024-007, approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act.
Fontana - Resolution Approving Second Amendment to Burrtec FA-c1.docx
Fontana_ 2nd Amendment to Solid Waste Agreement with
Burrtec-c1.docx
Attachments:
C. Award a Construction Contract for the Sidewalk
Reconstruction Project (Grids 29, 35, 36, and 42)
21-2771
1. Award bid and authorize the City Manager to execute a construction contract with SNZ Contractors Inc. for the construction of the Sidewalk Replacement (Grids 29, 35, 36, and 42) Project in the amount of $232,155.00 and authorize a 10% contingency in the amount of $23,215.50 (Bid No. DE-24- 108-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for Sidewalk Reconstruction Project (Grids 29, 35, 36, and 42).
Grid Location Maps.pdf
Bid Results.docx
Bid Details.pdf
Attachments:
D. Award a Construction Contract for the Southridge Grid 53 Pavement Rehabilitation Project
21-2785
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Southridge Grid 53 Pavement Rehabilitation Project in the amount of $1,306,547.00 and authorize a 10% contingency in the amount of $130,654.70 (Bid No. SB-152 -DE-23).
4 City Council Meeting Regular Agenda February 27, 2024
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Southridge Grid 53 Pavement Rehabilitation Project (PN0061).
3. Defund $400,000.00 from the Southridge Grid 53 Pavement Rehabilitation Project (PN0061).
Southridge Grid 53 G&O with ramps.pdf
Bid Results.docx
Bid Details.pdf
Attachments:
E. Award a Construction Contract for the Rose Avenue Pavement Rehabilitation Project (DE-24-86-SB)
21-2786
1. Award bid and authorize the City Manager to execute a construction contract with Dash Construction Company, Inc. for the construction of the Rose Avenue Pavement Rehabilitation Project in the amount of $217,777.00 and authorize a 10% contingency in the amount of $21,777.70 (Bid No. DE-24-86 -SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Rose Avenue Pavement Rehabilitation Project.
Location Map.pdf
Bid Results.docx
Bid Details.pdf
Attachments:
F. Award a Construction Contract for the 2023-24 SB-1 Road Repair and Accountability Act for the Jurupa Avenue
Pavement Rehabilitation Project, from Hemlock Avenue to Sierra Avenue
21-2793
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Jurupa Avenue Pavement Rehabilitation Project, in the amount of $2,016,716.00 and authorize a 10% contingency in the amount of $201,671.60 (Bid No. DE-24-87-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Jurupa Avenue Pavement Rehabilitation Project.
Jurupa Ave - Citrus to Sierra.pdf
Jurupa Ave - Beech to Citrus with ramps.pdf
Jurupa Ave - Hemlock to Beech with ramps.pdf
Bid Results.docx
Bid Details.pdf
Attachments:
5 City Council Meeting Regular Agenda February 27, 2024 G. Award a Construction Contract for the Sierra Avenue
Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard
21-2794
1. Award bid and authorize the City Manager to execute a construction contract with Onyx Paving Company, Inc. for the construction of the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard, in the amount of $848,000.00 and authorize a 10% contingency in the amount of $84,800.00 (Bid No. DE-24-89-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (PN0065).
3. Appropriate $400,000.00 from Capital Reinvestment Fund (601) to the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (PN0065).
Sierra Ave with ramps - San Bernardino to Valley Map.pdf Bid Results Sierra Avenue.docx
BidResultDetail.pdf
Attachments:
H. Award a Construction Contract for the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue 21-2795
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Randall Avenue Street Improvement Project in the amount of $923,094.00 and authorize a 10% contingency in the amount of $92,309.40 (Bid No. DE-24-88-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Randall Avenue Street Improvement Project.
3. Appropriate $450,000 from Capital Reinvestment Fund (601) and $210,000 from Measure I, Local Fund (246) to the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue (PN0048).
Randall Street Improvments Project MAP.pdf
Bid Results Randall.docx
Bidders Details.pdf
Attachments:
I. Approve Amendment No. 1 to Task Order with Albert Webb and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
21-2810
6 City Council Meeting Regular Agenda February 27, 2024
1. Approve and authorize the City Manager to execute Amendment No.1 to Task Order with Albert Webb and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue (SQ-87-DE-19-30) in the amount of $121,800.00 for a total contract amount of $425,800.00.
2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $100,000.00 for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue.
Attachments: Amendment Fee Proposal.pdf
J. 2023 Parks, Recreation & Trails Master Plan Update 21-2818 Approve and adopt the new 2023 Parks, Recreation & Trails Master Plan.
CC workshop 092623.pptx
2024.02.27 File 21-2818 Park Master Plan.pdf
Attachments:
K. Purchase and Sale Agreement - Downtown Fontana Property 21-2822
1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 8572 Sierra Avenue and 8600 Sierra Avenue, more specifically described as APNs 0191-274-33 and 0191-284-13.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
Attachment No. 1 - Purchase Agreement - 8572 Sierra Avenue Attachment No. 2 - Purchase Agreement - 8600 Sierra Avenue Attachments:
L. Approve Agreement with City of San Bernardino for Animal Shelter Services
21-2825
1. Approve an Agreement with the City of San Bernardino and the City of Fontana to provide animal sheltering services and collective shelter improvement funding.
2. Authorize the City Manager or his assigned designee to sign the Agreement for Animal Services Between the City of San Bernardino and the City of Fontana.
3. Approve an appropriation from Fund 101 to 10140221 to allow the City to pay for shelter services and improvements per the agreement with the City of San Bernardino.
San Bernardino_ Template Animal Shelter Services Agreement 2024-Fontana (002).docx
Attachments:
M. Annual Update of Military Equipment Use Inventory Pursuant to California AB 481
21-2826
7 City Council Meeting Regular Agenda February 27, 2024
1. Motion to approve the “Annual Military Equipment Use Inventory Report”
2. Determine the adoption of the annual report is categorically exempt from CEQA pursuant to Section 15061(B)(3).
2024 FONTANA POLICE MILITARY EQUIPMENT INVENTORY
2023-c1-c1.docx
Fontana AB 481 Ordinance-c1-c1-c1.pdf
Fontana Policy 709 [Military Equipment]-c1-c1-c1.pdf
Fontana PD - AB 481 2023 Annual Report on Military
Equipment Usage.docx
Attachments:
N. Amend Administrative Policy Environmental Preferable Purchases and Practices Policy 20-31
21-2830
Adopt Resolution 2024-008, of the City Council of the City of Fontana, amending Administrative Policy Section 20-31 (Environmental Preferable Purchases and Practices)
Fontana - Resolution 2024 - Administrative Policy 20-31 - Enbironmentally Preferably Purchases and Practices.pdf
City of Fontana Administrative Policy Section 20-31 - Env Preferable Purchases and Practices Policy.pdf
Attachments:
O. Approve Funding Agreement Between OmniTrans and the
Fontana Police Department
21-2835
1. Approve a Funding Agreement Between OmniTrans and the City of Fontana Police Department for security guard services for sixteen (16) months with an additional one year agreement as long as it remains in the best interest of the city.
2. Authorize the City Manager or his designee to sign all related agreement documents including extensions or modifications for the security services as outlined in the funding agreement.
Attachments: MOU- Fontana Extra Security Draft -Final.pdf P. Translation Services Policy 21-2847
Approve Translation Services Policy
Attachments: TranslationPolicyDRAFT.docx
Q. Resolution Opposing Initiative #21-0042A1, a November 2024 Statewide Ballot Proposition.
21-2850
Approve Resolution No. 2024-009, Opposing Initiative #21-0042A1, a November 2024 statewide ballot proposition.
Attachments: CBRT-Oppose-Resolution_2024.docx
8 City Council Meeting Regular Agenda February 27, 2024 NEW BUSINESS:
A. New Business
A. Fiscal Year 2023-24 Midyear Budget Status Report 21-2811 Approve the recommended Fiscal Year 2023-24 Midyear Budget adjustments.
Fiscal Year 2023-24 Midyear Budget Status Report FINAL
V4.pdf
Attachments:
B. American Rescue Plan Act Update 21-2834
Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects.
ARPA Attachment A pdf.pdf
ARPA Attachment B pdf.pdf
Attachments:
C. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023
21-2816
Receive and File the City of Fontana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2023.
Attachments: ACFR 6.30.2023
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
A. Discussion and Possible Action Regarding Appointing
Regular and Alternate Members to Local Agencies
/Regional Boards
21-2854
ADJOURNMENT:
A. Adjournment
Adjourn to the next Regular City Council Meeting on March 12, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2851 Agenda Date: 2/27/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, February 27, 2024
1:00 P.M.
City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 2/22/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2853 Agenda Date: 2/27/2024
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, February 27, 2024
2:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 2/22/2024
powered by Legistar™ 11
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2827 Agenda Date: 2/27/2024
Agenda #: A. Category: Consent Calendar
FROM:
City Clerk
SUBJECT:
Approval of Minutes
RECOMMENDATION:
Approve the minutes of the February 13, 2024, Regular City Council Meeting.
COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.
DISCUSSION:
The City Council will consider approval of the minutes of the February 13, 2024, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Page 1 of 1 Printed on 2/22/2024
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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, February 13, 2024
2:00 PM
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
13
CALL TO ORDER/ROLL CALL:
A. 2:00 P.M. Call To Order/Roll Call:
The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, February 13, 2024.
Mayor Warren called the Regular City Council Meeting to order at 2:02 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
ABSENT: City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key were also present.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Mayor Pro Tem Garcia.
PUBLIC COMMUNICATIONS:
A. Public Communications
The following individuals spoke under public communications:
Mark Richicci spoke in opposition of Planned Parenthood.
Margo Alducin spoke in opposition of Planned Parenthood.
Danielle Holley of the Fontana Chamber of Commerce spoke about the Chamber’s upcoming events.
Ms. Carrillo spoke in opposition of Planned Parenthood.
John Bell thanked the City Council for the military banners and discussed concerns with the condition of the library stairs. Also thanked the City Council for providing temporary housing to the unsheltered population and discussed concerns with one of the motels.
Tara Sy discussed concerns with the Laurel Oak easement. 14
CONSENT CALENDAR:
Prior to the motion being made, Council Member Sandoval stated that he would be voting No on Consent Calendar Item “C.”
Prior to the motion being made, Council Member Cothran stated that he would be abstaining on Consent Calendar Item “D.”
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 5-0 to approve the Consent Calendar Items “A-O” with Council Member Sandoval voting No on Item “C” and Council Member Cothran abstaining on Item “D.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None A. Approval of Minutes 21-2798
Approve the minutes of the January 23, 2024, Regular City Council Meeting and the February 1, 2024, Special City Council Meetings.
B. Adoption of Ordinance No. 1940, Pertaining to Amend the West 21-2796 End Specific Plan to add “Escape Rooms” (Second Reading) Second Reading / Adoption of Ordinance No. 1940, approving Master Case No. 23-094 and Specific Plan Amendment (SPA) No. 23-003 to amend the West End Specific Plan to add “Escape Room” as a permitted use within the Light Industrial District (BP2) District in the West End Specific Plan; and that the reading of the title constitutes the first reading thereof.
C. Adoption of Ordinance No. 1941, Pertaining to a Development 21-2797 Agreement with Fontana Responsible and Compliance Retail, LLC (Second Reading)
Second Reading / Adoption of Ordinance No. 1941, approving a Development Agreement with Fontana Responsible and Compliant Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.
D. Accept Additional Recreational Trails Program Grant Funds 21-2669 for the Construction of the San Sevaine Trail, Phase 1, Segment 2 Project
1. Accept additional grant funds from the State of California Department of Parks and Recreation in the amount of $1,000,000.00 to construct the San Sevaine Trail, Phase 1, Segment 2 Project.
2. Authorize the City Manager, or designee, to execute the Amendment to the Agreement with the State of California Department of Parks and Recreation for the San Sevaine Trail, Phase 1, Segment 2 Project.
E. Final Acceptance of the Blanchard Avenue Sidewalk Gap Project 21-2755 Accept as complete the work performed by SNZ Contractors, Inc for the 15
construction of the Blanchard Avenue Sidewalk Gap Project (#37603115) and approve the final construction amount of $109,273.75 (Bid No. SB-126-DE-23).
F. Final Acceptance of the Foothill Boulevard Pavement 21-2765 Rehabilitation Project, from East Avenue to Hemlock Avenue and All Streets South of Foothill Boulevard to County Line
Accept as complete the work performed by Matich Corporation for the Foothill Boulevard Pavement Rehabilitation Project (#37604130) and approve the final construction amount of $3,097,309.28 (Bid No. SB-117-DE-23).
G. Family Homelessness Challenge Grant Round 2 Application 21-2769 Authorize the City Manager, or his designee, to execute and transmit any documents necessary to ensure the City's timely submittal of the Family Homelessness Challenge Grant Round 2 Application
H. Police Department Monthly Information Update 21-2784 Accept the Police Department monthly information update for December 2023.
I. Prohousing Incentive Pilot Program Resolution Authorizing 21-2790 Submittal of Application and Other Grant Related Documents..End
1. Adopt Resolution No. 2024-005 a resolution of the City Council of the City of Fontana authorizing application for, and receipt of, up to $1,090,000 of Prohousing Incentive Program Funds.
2. Authorize the City Manager to execute and transmit any documents necessary or appropriate to ensure the City's timely submission of the Prohousing Incentive Pilot Program application.
J. Homeless Housing, Assistance and Prevention Program (HHAP-4) 21-2801 Round 4 Grant Application
Authorize the City Manager, or his designee, to execute and transmit any documents necessary to ensure the City's San Bernardino County Office of Homeless Services Homeless Housing, Assistance and Prevention Program Round 4 Grant Application
K. Award and approve agreement for management and operation of 21-2803 Stage RED.
1. Award bid (DS-24-16-SP) and authorize the City Manager to execute the agreement with ASM Global and Madison Entertainment for operational and management services for Stage RED.
2. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to the agreement and execute any future amendments required for the operation of Stage RED.
16
L. Accept Donation to Public Works Utilities and Streets Division 21-2806 Accept Donation of a LineLazer V 3900 Line Striper from Goldstar Asphalt Products to Public Works Utilities and Streets Division.
M. Approve the Sale of Real Property by the Successor Agency to the 21-2809 City of Fontana.
Approve the Purchase of Real Property Identified as APN 0228-301-51 - Located at Citrus And South Highland Avenues - by The City of Fontana and Authorizing the City Manager To Negotiate and Execute a Purchase and Sale Agreement with the Successor Agency to the Fontana Redevelopment Agency N. Dedication of Fire Station 81 in honor of veteran Fontana Fire 21-2814 Department Engineer Robert E. Hartness
Approve the dedication of Fire Station 81 in honor of veteran Fontana Fire Department Engineer Robert E. Hartness
O. Adoption of Resolution No. 2024-006 ratifying the Director of 21-2824 Emergency Services' Proclamation of Existence of a Local Emergency
1. Ratify the proclamation of the existence of a local emergency within the City of Fontana as a result of a powerful, slow moving, atmospheric river that struck California beginning February 3, 2024;
2. Adopt Resolution No. 2024-006, proclaiming the existence of a local emergency and waive the full reading.
PUBLIC HEARINGS:
A. Master Case No. 19-090-R1 and Appeal No. 23-018: Appeal of 21-2760 the Planning Commission’s decision to deny Conditional Use Permit No. 19-032-R1, a request to modify the existing conditions of approval of previously approved CUP No. 19-032 in order to allow the sale of single alcoholic beverages of wine and distilled spirits smaller than 375 milliliters and beer/malt beverages in single size containers of 40 ounces or less for an existing convenience store, the Marelias Liquor and Market, located at 8145 Cypress Avenue (APN:0191-091-22). Based on the information in the staff report and subject to the attached Findings, staff recommends that the City Council:
1. Deny Appeal No. 23-018 and uphold the Planning Commission’s decision to deny Conditional Use Permit No. 19-032-R1, a request to modify the conditions of approval for existing approved CUP No. 19-032 in order to allow the sale of single alcoholic beverages of wine and distilled spirits smaller than 375 milliliters and beer/malt beverages in single size containers of 40 ounces or less for Marelias Liquor and Market, an existing liquor store located at 8145 Cypress Avenue.
17
Mayor Warren opened the public hearing.
City Clerk Key stated that two written public communications in opposition were received.
Mai Thao provided the staff report.
The appellant with Marelias Liquor spoke in opposition of the item.
Mayor Warren closed the public hearing.
Council Member Cothran stated that the City banned single-serve alcoholic beverages in 2009, the owners knew that this was not a condition of approval when they purchased the business and there would be no way to grandfather or overturn the ban. Mayor Warren and Council Member Roberts concurred.
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed by a vote of 5-0 to approve staff recommendation on Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Matthew Ballantyne commended Public Works staff for their efforts with street repairs due to the recent winter storm.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks expressed condolences to the family of retired Fontana school teacher Joseph Dean Binks.
City Clerk Key had no comments
Council Member Cothran expressed condolences to the family of retired Fontana school teacher Joseph Dean Binks. Also discussed upcoming Community Services events.
Mayor Pro Tem Garcia stated he looked forward to the upcoming State of the City.
Council Member Sandoval commended Deputy City Manager Phillip Burum for how the January 24th street vendor workshop was conducted. Expressed condolences to the family of retired Fontana school teacher Joseph Dean Binks.
Council Member Roberts expressed condolences to the families of retired Fontana Police Lieutenant George Bloom and former retired Fontana school teacher Joseph Dean Binks. 18
Mayor Warren thanked staff and the Senior Advisory Group for the recent Valentine's Day Dance at the Senior Center. Also discussed the variety of events offered throughout the community including the 69th Annual Fontana Days Run, the Inland Empire Stryker’s Fontana Night, Black History Parade and events offered by the Fontana Chamber of Commerce.
Also, discussed the January 24th Street Vendor Workshop.
ADJOURNMENT:
A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:
1. George Bloom, retired Fontana Police Lieutenant
2. Joseph Dean Binks, retired Fontana school teacher
3. Juan Bautist Garay, Rancho Cucamonga resident
Mayor Warren adjourned the meeting at 2:57 p.m. to the next Regular City Council Meeting on Tuesday, February 27, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Christina Rudsell
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON FEBRUARY 27, 2024.
_______________________
Germaine Key
City Clerk
19 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2747 Agenda Date: 2/27/2024
Agenda #: B. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Adopt Resolution 2024-007 of the City Council of the City of Fontana approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act RECOMMENDATION:
Adopt Resolution No. 2024-007, approving the Second Amendment to the Integrated Waste Agreement with Burrtec Waste Industries, Inc. and Finding the Action Exempt from the California Environmental Quality Act.
COUNCIL GOALS:
· Provide street sweeping services.
· Ensure the City’s Household Hazardous Waste facility is appropriately staffed.
DISCUSSION:
The City of Fontana (“City”) has an exclusive franchise agreement with Burrtec Waste Industries, Inc. (“Burrtec”) to provide municipal solid waste collection services within the City. The current Integrated Solid Waste Agreement (“Agreement”) between the City of Fontana and Burrtec Waste Industries, Inc. was entered into on January 1, 1997, and amended on December 28, 2022, to include new organic waste collection services required by state law.
The City and Burrtec have negotiated street sweeping services to be provided by Burrtec at select locations throughout the City.
The proposed Second Amendment would update the Agreement to:
· Require Burrtec to provide routine street sweeping services at specified streets/surfaces, designated curbed arterial (major/minor), collector, commercial, residential, industrial, parking lots, and sidewalks and in accordance with the Second Amendment and newly added Exhibits B-D.
· Require Burrtec to staff qualified personnel to operate and maintain the City’s Household Hazardous Waste (HHW) facility located at 16454 Orange Way in accordance with the newly added Exhibit E.
· Provide additional payment to Burrtec in exchange for the additional services. · Allow the City to place residential solid waste service charges on the property tax roll; Burrtec will deduct the cost savings it realizes from switching from direct billing of residential customers to placement of the charges on the tax roll, from the monthly street sweeping service charges City pays to Burrtec.
· Revises the cap for annual inflationary adjustments from 4% to 6%, based on the annual City of Fontana Page 1 of 2 Printed on 2/21/2024
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File #: 21-2747 Agenda Date: 2/27/2024
Agenda #: B. Category: Consent Calendar
· Revises the cap for annual inflationary adjustments from 4% to 6%, based on the annual percentage change in the published Consumer Price Index (CPI), All Urban Consumers for the Riverside San Bernardino-Ontario, CA Metropolitan Area. · Makes other technical, clarifying, and conforming changes to the franchise agreement.
Exempt from CEQA
This action is not subject to the requirements of the California Environmental Quality Act (“CEQA”).
The approval of the Second Amendment it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The approval of the amendment to the franchise agreement is exempt from CEQA review because it will not have a significant effect on the environment under Section 15061(b)(3) of the State CEQA Guidelines.
FISCAL IMPACT:
Adopting the attached Second Amendment will update the Agreement to allow Burrtec to provide street sweeping services within the City and to staff the City’s HHW facility for weekend special events. The monthly cost of street sweeping services will increase from $68,801.66 to $71,202.21 per month from March until June 30, 2024, after which the rate increase of $28.65 per curb-mile and CPI increase will increase the monthly cost to approximately $90,000. The City will also pay monthly service compensation for Burrtec’s staffing and operating the HHW facility for approximately 44 special events with an estimated annual cost of $3,400 for the remainder of 2023-2024 and $7,700 for 2024-2025. All amounts are subject to a 10% added administrative services charge. Funds are currently available in the 2023-2024 budget for the current year increases. Additional funds needed for the 2024-2025 increased monthly charges and additional staffing obligation with be requested with the 2024-2025 Supplemental Update.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
Attachment No. 1 - Resolution No. 2024-007 Approving Second Amendment Attachment No. 2 - Second Amendment to Integrated Waste Agreement City of Fontana Page 2 of 2 Printed on 2/21/2024
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RESOLUTION NO. 2024-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA APPROVING THE SECOND AMENDMENT TO THE
INTEGRATED SOLID WASTE AGREEMENT WITH BURRTEC WASTE
INDUSTRIES, INC. AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on or about January 1, 1997, the City of Fontana (the “City”) and Burrtec Waste Industries, Inc. (“Contractor”) entered into that certain Integrated Solid Waste Agreement (the “Agreement”) under which Contractor agreed to provide solid waste handling and collection services; and
WHEREAS, on or about December 28, 2022, the City and Contractor entered into the First Amendment to the Agreement (“First Amendment”) to implement changes required by SB 1383 and the SB 1383 Regulations as defined in Section 24-1 of Article 1 of Chapter 24 of the Fontana Municipal Code; and
WHEREAS, the City and Contractor now desire to enter into a Second Amendment to the Agreement (the “Second Amendment”) to update existing contract language and to add street sweeping services and household hazardous waste facility services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1: Recitals. The above recitals are true, correct, and by this reference incorporated herein.
Section 2: CEQA. This Resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.
The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Resolution is exempt from the requirements of CEQA because it will not have a significant effect on the environment.
Section 3: Approval. The Second Amendment, attached hereto and incorporated by reference herein as Exhibit “A,” is hereby approved, and the City Manager, or designee, is authorized to execute and deliver the Second Amendment, as well as all other documents necessary or appropriate to effectuate the Second Amendment, on behalf of the City.
APPROVED AND ADOPTED this 27th day of February, 2024.
22 READ AND APPROVED AS TO LEGAL FORM:
_____________________________
Ruben Duran, City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, hereby certify that the foregoing Resolution is the actual resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 27th day of February, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Germaine McClellan Key, City Clerk
______________________________
Acquanetta Warren, Mayor
ATTEST:
______________________________
Germaine McClellan Key, City Clerk
Attachments:
Exhibit A – Second Amendment to Integrated Waste Agreement 23 SECOND AMENDMENT TO THE
INTEGRATED SOLID WASTE AGREEMENT
BETWEEN THE CITY OF FONTANA
AND
BURRTEC WASTE INDUSTRIES, INC.
THIS SECOND AMENDMENT to the Integrated Solid Waste Agreement (“Second Amendment”) is made and entered into this 27th day of February, 2024 (“Effective Date”), by and between the CITY OF FONTANA (the "City"), and BURRTEC WASTE INDUSTRIES, INC., a California corporation ("Contractor"). City and Contractor are sometimes individually referred to as a “Party” and jointly referred to as "Parties."
RECITALS
WHEREAS, on January 1, 1997, the City and Contractor entered into that certain Integrated Solid Waste Agreement (“Agreement”) under which Contractor agreed to provide solid waste handling and collection services; and WHEREAS, pursuant to Section 24 of the Agreement, the Agreement may only be amended by written agreement signed by both Parties; and WHEREAS, on December 28, 2022, the Parties entered into the First Amendment to the Integrated Solid Waste Agreement (“First Amendment”) to implement changes required by SB 1383 and the SB 1383 Regulations as defined in the Fontana Municipal Code; and
WHEREAS, the Parties wish to amend the Agreement to update existing contract language, add street sweeping services, and add household hazardous waste (“HHW”) services.
AGREEMENT
NOW, THEREFORE, in good and valuable consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. Section 2(b)(1) of the Agreement is amended to read in full as follows:
“1. Franchise Fee
Contractor shall pay to the City an amount equal to 12.0 percent of the gross monthly receipts of Contractor derived from Contractor’s business conducted within the boundaries of the City of Fontana in consideration for this Agreement under which Contractor may collect and utilize refuse, recyclables, garbage, rubbish, organic waste, and solid waste as it now, or in the future exists, from residential and commercial properties within the City of Fontana, and for the administration of the City of Fontana’s Integrated Solid Waste Management Act’s 24 -2-
(AB 939) responsibilities. The franchise fee may be decreased or eliminated by the City during the term of this Agreement without Contractor’s prior written consent.
If the franchise fee is adjusted upward, City shall provide written notice to the Contractor. City may use the franchise fee for any lawful purpose. Contractor shall deduct the amount due for street sweeping services from the franchise fee amount to be paid to City each month in accordance with Section 3(i).”
2. The first paragraph of Section 3 of the Agreement is amended to read as follows:
“Contractor shall provide all necessary labor, equipment and materials to ensure that all solid waste, recyclables and organic waste is picked up, recycled, processed and/or disposed of at the frequency specified herein. Contractor hereby agrees, at its own expense and cost, to collect, recycle, process and dispose of residential and industrial solid waste, recyclables and organic waste within the City of Fontana and to perform all the work herein set forth and described, and in the manner herein prescribed. In consideration therefor, the Contractor shall charge customers the rates set forth in Exhibit A as said rates may be amended from time to time by resolution of the City Council. Except for excluded waste, title to solid waste shall be vested in Contractor when placed in Contractor’s containers.”
3. Section 3(b)(vii) of the Agreement is amended to read as follows:
“(vii) Source separated- recyclable materials and organics donated or sold by customers to any party of their choice and any other exception provided by law, including the City Code as it may be amended.”
4. Section 3(d)(iii) of the Agreement is amended to read as follows:
“(iii) Solid waste, recyclable, and organic waste containers shall be appropriately marked and color coded for their particular uses, with design, color and markings subject to the approval of the City and meeting the requirements of SB 1383 and Health and Safety Code Section 26275.”
5. Section 3(d)(xvi) (Investigation of SB 1383 Noncompliance Incidents) of the Agreement is amended to read in full as follows:
“Investigation of SB 1383-Noncompliance Incidents. Contractor shall assist City in meeting its obligation to investigate non-compliance incidents by commencing an investigation within ninety (90) days of receiving notice of an incident in the following circumstances: (i) upon Contractor receipt of an incident that an entity may not be compliant with the SB 1383 Regulations and City determines that the allegations against the entity, if true, would constitute a violation of the SB 1383 Regulations; and, (ii) upon City request to investigate an incident received by City, for which City determines that the allegations against the entity, if true, would constitute a violation of the SB 1383 Regulations. Contractor is required to investigate incidents against customers and generators, including Tier One and Tier Two Commercial Edible Food Generators, Edible Food recovery organizations, 25 -3-
Edible Food recovery services, and other entities regulated by the SB 1383 Regulations.”
6. Section 3(e)(iii) is added to the Agreement to read as follows:
“(iii) Residential Customers. The City may conduct proceedings as required by law to place the solid waste service charges for Residential Premises on the property tax rolls beginning the fiscal year 2024/2025 and continuing thereafter. Any San Bernardino County administrative fee or charge on the property tax rolls incurred due to the placement of the Solid Waste Service charges shall not be billed to or borne by any residential customer but shall be paid for solely by Contractor. Payment shall be made by City to Contractor within thirty (30) days after the City’s receipt of revenue from the tax rolls for solid waste services from the County Tax Collector.”
7. Section 3(i) of the Agreement is added as follows:
“(i) Street Sweeping.
Contractor shall provide all labor, materials, equipment and permits required to conduct public street sweeping services in accordance with accepted standards for municipal street cleaning and Exhibits B, C and D, attached hereto and incorporated herein by this reference. The term “curb” shall mean the paved area between the normal curb line of a roadway or the median face, whether an actual curb line exists or not. The term debris shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, rocks, leaves, and other materials. Failure to provide efficient and effective street sweeping services shall be considered a material breach of this Franchise Agreement. Street sweeping services shall be billed to the City on a monthly basis and Contractor shall pay disposal costs. Contractor shall provide street sweeping services effective March 18, 2024 at the rate of $35,601.10 for the balance of March 2024 and $71,202.21 per month for the period of April 1, 2024 through June 30, 2024.
Effective July 1, 2024, the rate shall be increased to $28.65 per curb mile.
For each year the City places solid waste charges on the property tax roll, Contractor shall first deduct the amount of savings it realizes from the City placing solid waste charges on the property tax roll from the monthly street sweeping charges. Contractor shall furnish proof of savings realized to the City (including, but not limited to, printing, postage, administrative and collection costs). For the purposes of determining Contractor’s costs, the 2023 calendar year shall serve as the baseline year to measure Contractor’s costs, with the costs for each subsequent calendar year adjusted by CPI for all items. Prior to May of each year, City and Contractor shall meet and agree on how the savings will be determined over the course of the year following the placement of solid waste charges on the tax roll, and how to offset savings on a monthly basis against street sweeping charges. After Contractor first deducts the amount of savings it realizes from 26 -4-
the City placing solid waste charges on the property tax roll from the monthly street sweeping charges, Contractor shall then deduct monthly street sweeping service charges the City owes Contractor from the monthly franchise fees Contractor pays to City.
1) Routine Sweeping Services. Contractor shall provide street sweeping services as follows: on designated curbed arterial (major/minor), collector, commercial, residential, industrial, parking lots, and sidewalks as indicated in Exhibits B, C and D.
2) All properties without curbs and gutters have not been included as part of the City’s street sweeping program.
3) Raised medians shall be swept when sweeping of adjacent curbed streets are swept.
4) Additional Services. Additional services performed by the Contractor include emergency call-outs, assignments requested by the City, and special events. Payment for such services shall be based upon the hourly rate provided, as shown below. The rate shall be subject to the same CPI adjustment as the service rates subject to proof and confirmation by Contractor that rates are adjusted by the same CPI index and percentage/amount. In addition, there will be 10% added to the gross rate for Contractor’s administrative services. Normal working hours (Monday – Friday from 6 a.m. to 6 p.m.) - $155/hour, adjusted annually by CPI.
After regular business hours (“after-hours”), weekends, or holidays - $295/hour, adjusted annually by CPI.
For clarity, the above rates do not apply to street sweeping services that are regularly performed after-hours or to work that is performed on a weekend date due to a holiday falling on a weekday.
5) Changes in Services. The City may elect to increase or decrease the frequency or number of miles or parking stalls of street sweeping services. This includes the City’s right to not use any, or to terminate, street sweeping services. All increases or decreases shall be submitted to the Contractor in writing by the City (letter may be submitted by email) and shall become effective at the beginning of the following month. Changes in Services may result in cost adjustments. 6) Hours of Operations. Sweeping operations shall be conducted between the hours of 7:00 a.m. and 5:30 p.m. in residential and commercial areas and between 12:00 a.m. -6:00 a.m. in industrial areas. Other hours are as specified in Exhibit E.
27 -5-
7) Sweeping Equipment – Type, Quantity and Condition. Contractor shall provide and maintain during the entire term, a fleet of alternative fuel vehicles per South Coast Air Quality Management Board Rule 1186.1 or the most current regulatory guidelines.
8) Global Positioning System (GPS) Tracking. All primary street sweepers shall be installed with GPS that will enable the City to view, via computer internet, the location of sweepers at all times. The cost of the GPS system will be the responsibility of the Contractor and the system must be capable of the following:
The system shall be internet based and Contractor shall provide the City a minimum of three (3) accounts with full access to the site. The system shall be capable of gathering and reporting the following real-time data: speed, direction, location on a map, address, distance traveled, brooms up or down, and water on or off.
The sweepers’ path of travel superimposed on a map.
Generating an email alert whenever sweeper speeds exceed 6 mph or sweepers do not move for periods longer than one hour. Generating daily reports of sweeper activity.
Maintaining the data for a period of 90 days, after which data will be downloaded to the City for storage.
GPS system must be up and running within 30 days of Effective Date.
9) Equipment Safety Requirements. All equipment must be provided in accordance with State Laws, including hazard lights visible from the rear that operate independently of the brake lights. Sweeper equipment shall have additional hazard lighting (i.e., strobe lights or beacon) which adequately warns motor vehicle drivers in the vicinity of the sweeper. 10) Minimum Sweeping Width Required. Sweeper equipment must be capable of sweeping a minimum of eight feet (8’) wide as measured with all brooms in the sweeping position. Equipment without the ability to perform this function is unacceptable.
11) Water. Contractor shall provide, at its sole cost, sufficient water for street sweeping to comply with the conditions of this Agreement. It will be the responsibility of Contractor to establish a water account with local water purveyor companies and obtain water meters for sweeper vehicles.”
28 -6-
7. Section3(j) is added to the Agreement as follows:
“(j) City of Fontana’s Household Hazardous Waste Facility. (1) Responsibilities and Duties of the Contractor
Contractor shall provide qualified personnel to staff, operate and maintain the City’s HHW facility located 16454 Orange Way, Fontana, CA as specified in Exhibit E attached hereto and incorporated herein by this reference.
Qualified personnel shall mean such persons who have successfully completed the 40 hour HHW training course provided by the San Bernardino County Fire Protection District (the “District”), including any required refresher course(s), or such equivalent training as is deemed acceptable by the District.
Qualified personnel shall be forklift-certified.
Staffing level shall be maintained at no less than one person per day, once a week, on Saturday. Additional staffing can be provided on a mutually agreed upon basis between the parties at the hourly rate then in effect.
Contractor shall have plans in place to provide for trained substitute employees, in the event its regularly assigned employees are absent.
Contractor shall be responsible for providing personnel safety equipment and safety supplies for all of its employees staffing the HHW facility (including, but not limited to, safety glasses, safety vest, and steel-toed boots). Contractor shall also require employees to wear a company uniform.
Employees of Contractor who staff the HHW facility will only accept “Household Hazardous Waste”, as defined in the California Code of Regulations, title 22, Section 66260.10 and in California Health and Safety Code Section 25218.1(d).
Contractor shall be responsible for the safety of persons and materials on the property of the HHW facility, and for keeping the HHW facility secure by locking the facility gate.
Contractor shall assist in keeping the HHW facilities in a neat and clean condition, and use and operate all equipment in a safe and appropriate manner.
29 -7-
Contractor shall notify and obtain approval from the City Manager or his/her designee prior to making any changes in the maintenance and/or operation of the HHW facility.
Specific tasks to be completed by Contractor’s staff is included in Exhibit E.
(2) Responsibilities and Duties of the City
The City shall arrange for disposal of HHW.
The City shall compensate Contractor for the HHW services provided on a monthly basis. The formula and procedures set forth below will be used to calculate and adjust, when appropriate, the amount of Contractor’s compensation for operating the HHW facility (the “Service Compensation”).
Service Compensation Formula. The following formula shall be used to calculate the amount of Service Compensation to be paid to the Contractor: $20.87 per hour per employee, plus 8% to account for payroll taxes and workers’ compensation costs, resulting in a total rate of $22.54 per hour. In addition, there will be 10% added to the gross rate for Contractor’s administrative services.
Invoicing and Payment. Contractor shall submit a monthly invoice to City, detailing the hours of staffing services provided, and the total Service Compensation due. City shall pay said invoice within thirty (30) days of receipt.
Annual Service Compensation Adjustment. Should Contractor provide an annual cost of living increase or other hourly salary adjustments to all of its employees (“Annual Adjustment”), Contractor may request that City adjust the Service Compensation by providing at least thirty (30) days advance written notice to City specifying the hourly Annual Adjustment. Upon City’s written approval of each Annual Adjustment request, the Service Compensation will be adjusted accordingly.
Other Service Compensation Adjustments. Contractor may also request adjustment of its Service Compensation at any time in the event of changes in law impacting its costs to staff and operate the HHW facility. Such other Service Compensation Adjustment requests must be made in writing to City at least thirty (30) days in advance of the requested effective date and all such other Service Compensation Adjustment requests must be approved in writing by the City.
30 -8-
City will categorize, pack and label the wastes in accordance with the City’s Operations Manual. The wastes will be stored in the original packaging (except used motor oil and used antifreeze) and placed in the City-provided containers inside the waste storage area (located within the area of the HHW facility).”
8. Section 8(c) is added to the Agreement as follows:
“(c) Prevailing Wage Indemnification:
(i) Responsibility. Contractor agrees with City that Contractor shall assume any and all responsibility and be solely responsible for determining whether or not laborers employed to perform street sweeping services under this Agreement must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Section 1720 et seq. (“Prevailing Wage Laws”) or other applicable law.
(ii) Waivers and Releases. Contractor, on behalf of itself, its successors, and assigns, waives and releases City from any right of action that may be available to any of them pursuant to Labor Code Section 1781 or any similar law. Relative to the waiver and release set forth in this Section 8(c)(ii), Contractor acknowledges the protections of Civil Code Section 1542, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” (iii) Initials. By initialing below, Contractor knowingly and voluntarily waives the provisions of Civil Code Section 1542 or any similar law solely in connection with the waivers and releases contained in this Section 8(c):
_________________
Initials of Authorized
Contractor Representative
(iv) Indemnification. As further material part of this Agreement, Contractor shall defend, assume all responsibility for and hold City, and its officers and employees, harmless from all demands, claims, fines, penalties, losses, actions and damages, of whatever type or nature, including all costs of defense and attorneys’ fees, to any person or property 31 -9-
arising out of or caused by any alleged failure of Contractor to comply with the Prevailing Wage Laws.
(v) Indemnification Survives Termination. All representations and warranties of the Parties contained herein shall survive the termination of this Agreement. All provisions of this Agreement that require Contractor to have insured or to defend, reimburse, or indemnify City shall survive any termination; and if City is or becomes involved in any proceeding or litigation related to Contractor’s street sweeping services, such provisions shall apply as if this Agreement were still in effect.”
9. Section 10 of the First Amendment is amended to refer to Section 3(h) instead of Section 3(g)of the Agreement.
10. Section (11)(b) of the Agreement is amended to read in full as follows:
"(b) Any rate adjustment due to Contractor's cost changes (including changes in law or ordinance) shall be made no more than on a yearly basis (except for changes to tipping fees, franchise fees, City charges, or City-required service level changes), based on Contractor's actual costs and not to exceed the percentage change in the published Consumer Price Index (CPI), All Urban Consumers for the Riverside-San Bernardino-Ontario, CA Metropolitan Area.
This adjustment shall not exceed six percent (6%) per annum, regardless of the percentage change in the CPI. If the CPI for the previous year was in excess of six percent (6%), the additional percentage may be rolled over to the following year so long as the CPI adjustment for that year does not exceed six percent (6%). Contractor shall submit a request for evidence of such rate adjustment sixty (60) days prior to the proposed implementation. No later than thirty (30) days prior to the date the adjusted rates become effective each year, Contractor shall notify Customers of any changes in their rates. The Contractor shall be responsible for the costs of printing and mailing any Proposition 218 hearing notice and the notification provided in accordance with Government Code section 53756.
If at any time, a rate adjustment determined to be appropriate by both City and Contractor to compensate Contractor for increases in costs as described in this Agreement cannot be implemented for any reason, the Parties shall negotiate in good faith to implement a proposed resolution of the matter.
If the Parties are unable to reach agreement about such a resolution, then City may terminate this Agreement upon one hundred eighty (180) days' prior written notice to Contractor, in which case Contractor and City shall each be entitled to payment of amounts due for contract performance through the date of termination but otherwise will have no further obligation to one another pursuant to this Agreement after the date of such termination.” 32 -10-
11. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
12. This Second Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect.
33 -11-
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date first above written.
THE CITY OF FONTANA
By:
Matthew Ballantyne
City Manager
Date:
ATTEST:
By:
Germaine McClellan Key
City Clerk
APPROVED AS TO FORM:
By:
Ruben Duran
City Attorney
BURRTEC WASTE INDUSTRIES, INC.
By:
Name: ______________
Title: _______________
Date:
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Secretary to Board of Directors
34 -12-
EXHIBIT B
STREET SWEEPING
Sweeping services will include the following streets or area, which shall not be subject to after-hours rates: After-hour rates do not apply to street sweeping services that are regularly performed after-hours or to work that is performed on a weekend date due to a holiday falling on a weekday. All indicated miles/areas/properties with curb (true curb miles) shall receive sweeping services. All properties without curb have not been included.
1. The following streets shall be swept on an every other week basis (904.33 true curb miles per service) as depicted in Exhibit D.
City streets and medians (with the exception of those streets identified below) State Highways and medians located within City limits
2. The following streets shall be swept on a daily basis (21.3233 true curb miles) as depicted in Exhibit D.
Sierra Avenue -–both sides and medians between Jurupa Avenue and Summit Avenue, to be completed before 7:00 a.m.
Valley Boulevard – both sides and medians between Juniper Avenue and Palmetto Avenue
3. The following streets shall be swept on a weekly basis (110.9 true curb miles) as depicted in Exhibit D.
Walnut Village -–Sierra Avenue to Mango Avenue and Highland Avenue to Baseline Avenue
Commercial Areas to include Valley Boulevard, Jurupa Avenue and Foothill Boulevard
Industrial Areas, to be performed between 12:00 a.m. and 6:00 a.m.
4. The following sidewalks and parking lots shall be swept on a weekly basis as identified in Exhibit C:
Sierra Avenue sidewalks, both sides from Foothill Boulevard to Valley Boulevard (4.6 miles)
All parking lots identified in Exhibit C (total parking stalls = 5,320) 35 -13-
5. The Metrolink station parking lot and bus turnaround located at Sierra Avenue and Orange Way shall be swept weekly at approximately 2 a.m. when the parking lot is not utilized by commuter vehicles.
36 Exhibit C
Parking Lot Inventory
Parking Lot # of Stalls Parking Lot # of Stalls
Hunters Ridge 36 City Hall Complex 604
San Sevaine 35 Downtown Public 286
Coyote Canyon 218 City Yard 294
McDermott 13 Bulik 432
Heritage CC 75 Art Depot 28
N Heritage 12 Vets 502
Koehler 72 Don Day 200
Rosena 136 Village 93
Murrojo 16 Catawba 41
R Lewis 406 M. Vagle 32
Almeria 12 M. Tudor 212
Bill Martin 316 Sycamore 20
Cypress Center 119 Fernandez 28
SeVille 103 Fontana Park 565
Tamarind 67 Metro Link 347
Subtotal 1,636 Subtotal 3,684
Total Parking Stalls = 5,320
37 Exhibit D
Street Sweeping Map & Schedule
38 Exhibit D
Industrial Sweeping Map
39 Exhibit E
HHW Facility Responsibilities of Contractor’s Staff
Contractor’s employee shall arrive at 7 a.m. and perform the following tasks each Saturday with the exception of the City’s HHW Closure Dates:
Unlock all gates at the HHW.
Unlock the ReUse shed. The ReUse shed houses chemicals in good condition that that are available for City of Fontana residents. Residents can take certain quantities and reuse them at home.
Meet with the HHW contractor site supervisor and provide him/her with the daily inspection forms.
Contractor’s employee shall retrieve the forklift from the main Public Works yard and drive it to the HHW facility.
Fill trash bag with ice from the pump maintenance room and give to the HHW contractor.
Place traffic control (cones and signs on A-frame barricades) in the north yard to direct traffic and other participants safely through the yard per the approved traffic plan.
Pull straw wattle away from mulch bunker.
At 8 a.m., Contractor’s employee shall open #3 and #4 gates. Meet and greet participants as they drive into the facility, and perform the following tasks:
Check license, ID, or Burrtec bill to verify that participant is a City resident. Ask what materials participants are bringing in to determine if it is household or business waste. Be prepared to direct a participant with business waste to the San Bernardino County HHW facility. Be prepared to reject unallowed wastes or wastes over quantity limits.
Answer questions, provide educational materials, or direct participants to the most appropriate City staff during normal working hours. Direct City residents who request mulch to the mulch bunker. Log # of participants.
Log ReUse shed participants on provided forms: Document name, ensure liability form is complete, log # and weight of materials taken. 40 At 12 p.m., Contractor’s employee shall close #3 and #4 gates and perform the following tasks:
Pull straw wattle back in front of mulch bunker.
Pick up cones and signs.
Contractor’s employee shall return forklift to Public Works yard. Walk the HHW facility: observe the area to ensure all wastes have been packed, tools are put away, spills have been cleaned up, drums and boxes are properly labeled. Instruct City HHW contract staff to correct all deficiencies. By 1 p.m. meet with HHW contractor site supervisor to discuss any issues and receive the inspection forms. Leave all paperwork in the guard shack, verify all gates and Conex boxes are locked.
End of shift.
41 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2771 Agenda Date: 2/27/2024
Agenda #: C. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Sidewalk Reconstruction Project (Grids 29, 35, 36, and 42) RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with SNZ Contractors Inc. for the construction of the Sidewalk Replacement (Grids 29, 35, 36, and 42) Project in the amount of $232,155.00 and authorize a 10% contingency in the amount of $23,215.50 (Bid No. DE-24-108-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for Sidewalk Reconstruction Project (Grids 29, 35, 36, and 42).
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
The City of Fontana’s approved Capital Improvement Program Budget includes the Sidewalk Reconstruction Project (“Project”). This is the first location for the Project and there will be additional contracts forthcoming in the summer of 2024. The proposed improvements include the rehabilitation of existing sidewalk, eliminating the severely damaged conditions. The project will improve walkability, increase sidewalk service life, and enhance the safety of pedestrian traffic.
Bids for this contract were opened on January 18, 2024. A total of eighteen (18) bids were received, ranging from $232,155.00 to $596,000.00. SNZ Contractors Inc. is the lowest bidder in the amount of $232,155.00. The Engineer’s estimate was $250,000.00. After reviewing the proposed bid documents and performing reference checks, the Engineering staff has determined SNZ Contractors Inc. to be the lowest responsible and responsive bidder.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $232,155.00 for the full term of the construction contract and $23,215.50 for construction contingency. These amounts are included in the 2023-24 available budget, in 37600001-601-A-8330 and 37600001-601-A-8331 respectively.
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File #: 21-2771 Agenda Date: 2/27/2024
Agenda #: C. Category: Consent Calendar
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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44 Bid Results
Sidewalk Replacement (Grids 29,35,36, & 42)
DE-24-108-SB
1. SNZ Contractors, Inc. $232,155.00
Irvine, CA
2. LCR Earthwork & Engineering, Corp. $245,000.00
Jurupa Valley, CA
3. IE General Engineering, Inc. $246,658.00
Beaumont, CA
4. We R Builders, Inc. $274,940.00
Glendale, CA
5. TVR Construction Engineering, LLC. $276,622.50
Riverside, CA
6. FS Contractors, Inc. $288,377.50
Sylmar, CA
7. Loamic Builders, Inc. $288,386.08
Fontana, CA
8. Leonida Builders, Inc. $307,300.00
Santa Clarita, CA
9. Siterep Construction Services, Inc. $314,885.50
San Dimas, CA
10. CT&T Concrete Paving, Inc. $322,659.50
Diamond Bar, CA
11. DT Stellar General Engineering $325,328.50
Winchester, CA
45 12. Gentry General Engineering, Inc. $332,585.00
Colton, CA
13. Onyx Paving Company, Inc. $333,000.00
Anaheim, CA
14. Dash Construction Company, Inc. $349.690.00
Woodland Hills, CA
15. Cinbad Industry, Inc. $378,507.50
Chatsworth, CA
16. Aneen Construction, Inc. $383,757.00
Riverside, CA
17. EBS General Engineering, Inc. $440,740.00
Corona, CA
18. KNC Construction, Inc. $596,000.00
Apple Valley, CA
46 City of Fontana
Sidewalk Replacement (Grids 29, 35, 36, & 42) (DE-24-108-SB), bidding on 01/18/2024 2:00 PM (PST)
Printed 02/05/2024
PlanetBids
47 City of Fontana
Sidewalk Replacement (Grids 29, 35, 36, & 42) (DE-24-108-SB), bidding on 01/18/2024 2:00 PM (PST)
Printed 02/05/2024
PlanetBids
48 City of Fontana
Sidewalk Replacement (Grids 29, 35, 36, & 42) (DE-24-108-SB), bidding on 01/18/2024 2:00 PM (PST)
Printed 02/05/2024
PlanetBids
49 City of Fontana
Sidewalk Replacement (Grids 29, 35, 36, & 42) (DE-24-108-SB), bidding on 01/18/2024 2:00 PM (PST)
Printed 02/05/2024
PlanetBids
50 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2785 Agenda Date: 2/27/2024
Agenda #: D. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Southridge Grid 53 Pavement Rehabilitation Project RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Southridge Grid 53 Pavement Rehabilitation Project in the amount of $1,306,547.00 and authorize a 10% contingency in the amount of $130,654.70 (Bid No. SB-152-DE-23).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Southridge Grid 53 Pavement Rehabilitation Project (PN0061).
3. Defund $400,000.00 from the Southridge Grid 53 Pavement Rehabilitation Project (PN0061).
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’s 7-Year Pavement Management Plan includes the Southridge Grid 53 Pavement Rehabilitation Project (“Project”). The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.
On January 11, 2024, bids for this contract were opened. A total of five (5) bids were received, ranging from $1,306,547.00 to $1,653,460.00. Matich Corporation is the lowest responsive and responsible bidder in the amount of $1,306,547.00. The Engineer’s estimate was $2,000,000.00.
Since the Project bids came in significantly lower than budgeted, it is recommended that available funds from the Project be used on another pavement rehabilitation project that needs additional City of Fontana Page 1 of 2 Printed on 2/22/2024
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File #: 21-2785 Agenda Date: 2/27/2024
Agenda #: D. Category: Consent Calendar
funds: Sierra Avenue Pavement Rehabilitation Project between San Bernardino Avenue and Valley Avenue (Sierra Avenue Pavement Project). The Sierra Avenue Pavement Project, also in the City of Fontana’s 7-Year Pavement Management Plan, opened bids for construction on January 25, 2024, and the lowest responsive and responsible bid was higher than the project budget. The council report to award and appropriate additional budget to the Sierra Avenue Pavement Project is also included in the agenda on February 27, 2024.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $1,306,547.00 for the full term of the construction contract and $130,654.70 for construction contingency. These amounts are included in the FY 2023-2024 available budget, in 37600061-601-A-8330 and 37600061-601-A-8331 respectively.
The recommended defunding in the amount of $400,000.00 from the project budget is not included in the FY 2023-2024 available budget and will be submitted in the next quarterly budget report in 37600061-601-A-8329.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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53 Bid Results
Southridge Grid 53 Pavement Rehabilitation Project
SB-152-DE-23
1. Matich Corporation $1,306,547.00
San Bernardino, CA
2. Onyx Paving Company, Inc. $1,469,000.00
Anaheim, CA
3. Copp Contracting, Inc. $1,595,390.94
Buena Park, CA
4. R.J. Noble Company $1,635,765.80
Orange, CA
5. All American Asphalt $1,653,460.00
Corona, CA
54 City of Fontana
Southridge Grid 53 Pavement Rehabilitation (SB-152-DE-23), bidding on 01/11/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
55 City of Fontana
Southridge Grid 53 Pavement Rehabilitation (SB-152-DE-23), bidding on 01/11/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
56 City of Fontana
Southridge Grid 53 Pavement Rehabilitation (SB-152-DE-23), bidding on 01/11/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
57 City of Fontana
Southridge Grid 53 Pavement Rehabilitation (SB-152-DE-23), bidding on 01/11/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
58 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2786 Agenda Date: 2/27/2024
Agenda #: E. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Rose Avenue Pavement Rehabilitation Project (DE-24-86-SB) RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with Dash Construction Company, Inc. for the construction of the Rose Avenue Pavement Rehabilitation Project in the amount of $217,777.00 and authorize a 10% contingency in the amount of $21,777.70 (Bid No. DE-24-86-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Rose Avenue Pavement Rehabilitation Project.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’s 7-Year Pavement Management Plan includes the Rose Avenue Pavement Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of a drive approach. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.
On January 11, 2024, bids for this contract were opened. A total of eight (8) bids were received, ranging from $217,777.00 to $500,112.50. Dash Construction Company, Inc. is the lowest responsive and responsible bidder in the amount of $217,777.00. The Engineer’s estimate was $295,000.00.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $217,777.00 for the full term of the construction contract and $21,777.70 for construction contingency. These amounts are included in the 2023-24 available budget, in 37600013-601-A-8330 and 37600013-601-A-8331 respectively.
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File #: 21-2786 Agenda Date: 2/27/2024
Agenda #: E. Category: Consent Calendar
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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61 Bid Results
Rose Avenue Pavement Rehabilitation Project
DE-24-86-SB
1. Dash Construction Company, Inc. $217,777.00
Redlands, CA
2. Matich Corporation $227,825.00
Redlands, CA
3. All American Asphalt $249,345.00
Corona, CA
4. Onyx Paving Company, Inc. $272,000.00
Anaheim, CA
5. DT Stellar General Engineering $275,070.00
Winchester, CA
6. Aneen Construction, Inc. $308,344.00
Riverside,
7. TVR Construction Engineering, LLC. $358,645.00
Riverside, CA
8. We R Builders, Inc. $500,112.50
Glendale, CA
62 City of Fontana
Rose Avenue Pavement Rehabilitation (DE-24-86-SB), bidding on 01/11/2024 2:00 PM (PST)
Printed 01/16/2024
PlanetBids
63 City of Fontana
Rose Avenue Pavement Rehabilitation (DE-24-86-SB), bidding on 01/11/2024 2:00 PM (PST)
Printed 01/16/2024
PlanetBids
64 City of Fontana
Rose Avenue Pavement Rehabilitation (DE-24-86-SB), bidding on 01/11/2024 2:00 PM (PST)
Printed 01/16/2024
PlanetBids
65 City of Fontana
Rose Avenue Pavement Rehabilitation (DE-24-86-SB), bidding on 01/11/2024 2:00 PM (PST)
Printed 01/16/2024
PlanetBids
66 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2793 Agenda Date: 2/27/2024
Agenda #: F. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the 2023-24 SB-1 Road Repair and Accountability Act for the Jurupa Avenue Pavement Rehabilitation Project, from Hemlock Avenue to Sierra Avenue RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Jurupa Avenue Pavement Rehabilitation Project, in the amount of $2,016,716.00 and authorize a 10% contingency in the amount of $201,671.60 (Bid No. DE-24-87-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Jurupa Avenue Pavement Rehabilitation Project.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’s 7-Year Pavement Management Plan includes the Jurupa Avenue Pavement Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.
On January 25, 2024, bids for this contract were opened. A total of nine (9) bids were received, ranging from $2,016,716.00 to $4,170,952.75. Matich Corporation is the lowest responsive and responsible bidder in the amount of $2,016,716.00. The Engineer’s estimate was $3,130,000.00.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $2,016,716.00 with a $201,671.60 contingency for a total of $2,218,387.60 and is included in the 2023-24 budget in 37600055-283-A8330 and 37600055-283-A-8331, respectively, from the Road Maintenance and Rehabilitation City of Fontana Page 1 of 2 Printed on 2/22/2024
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File #: 21-2793 Agenda Date: 2/27/2024
Agenda #: F. Category: Consent Calendar
(RMRA) Fund (283).
MOTION:
Approve staff recommendation.
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69 70
71 Bid Results
Jurupa Avenue Pavement Rehabilitation Project
DE-24-87-SB
1. Matich Corporation $2,016,716.00
Redlands, CA
2. All American Asphalt $2,279,249.00
Corona, CA
3. LCR Earthwork & Engineering, Corp. $2,339,741.80
Jurupa Valley, CA
4. Onyx Paving Company, Inc. $2,468,488.00
Anaheim, CA
5. Calmex Engineering, Inc. $2,511,223.69
Bloomington, CA
6. Hardy & Harper, Inc. $2,555,000.00
Lake Forest, CA
7. R.J. Noble Company $2,915,826.30
Orange, CA
8. Granite Construction Company $2,924,477.00
Indio, CA
9. I E General Engineering, Inc. $4,170,952.75
Wildomar, CA
72 City of Fontana
Jurupa Avenue Pavement Rehabilitation Project - Hemlock Avenue to Sierra Avenue (DE-24-87-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
73 City of Fontana
Jurupa Avenue Pavement Rehabilitation Project - Hemlock Avenue to Sierra Avenue (DE-24-87-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
74 City of Fontana
Jurupa Avenue Pavement Rehabilitation Project - Hemlock Avenue to Sierra Avenue (DE-24-87-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
75 City of Fontana
Jurupa Avenue Pavement Rehabilitation Project - Hemlock Avenue to Sierra Avenue (DE-24-87-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
76 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2794 Agenda Date: 2/27/2024
Agenda #: G. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard
RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with Onyx Paving Company, Inc. for the construction of the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard, in the amount of $848,000.00 and authorize a 10% contingency in the amount of $84,800.00 (Bid No. DE-24-89-SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (PN0065).
3. Appropriate $400,000.00 from Capital Reinvestment Fund (601) to the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (PN0065).
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’s 7-Year Pavement Management Plan includes the Sierra Avenue Pavement Rehabilitation Project, from San Bernardino Avenue to Valley Boulevard (“Project”). The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.
On January 25, 2024, bids for this contract were opened. A total of eight (8) bids were received, ranging from $848,000.00 to $1,483,750.00. Onyx Paving Company, Inc. is the lowest responsive and responsible bidder in the amount of $848,000.00. The Engineer’s estimate was $800,000.00.
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File #: 21-2794 Agenda Date: 2/27/2024
Agenda #: G. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $848,000.00 with a $84,800.00 contingency for a total of $932,800.00. The available budget in 37600065-282-A-8329 is $800,000.00. Considering all project expenses, an additional $400,000.00 is being requested in 37600065-601-A-8329 and is not included in the 2023-24 budget. The request will be submitted in the FY 23-24 3rd quarterly budget report and will be funded by Capital Reinvestment Fund (601).
MOTION:
Approve staff recommendation.
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79 Bid Results
Sierra Avenue Pavement Rehabilitation Project
DE-24-89-SB
1. Onyx Paving Company, Inc. $848,000.00
Anaheim, CA
2. Hardy & Harper, Inc. $855,000.00
Lake Forest, CA
3. Dash Construction Company, Inc. $864,370.00
Jurupa Valley, CA
4. All American Asphalt $897,960.00
Corona, CA
5. Calmex Engineering, Inc. $942,150.00
Bloomington, CA
6. Granite Construction Company $977,477.00
Indio, CA
7. LCR Earthwork & Engineering, Corp. $1,273,350.00
Jurupa Valley, CA
8. I E General Engineering, Inc. $1,483,750.00
Wildomar, CA
80 City of Fontana
Sierra Avenue Pavement Rehabilitation Project (DE-24-89-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
81 City of Fontana
Sierra Avenue Pavement Rehabilitation Project (DE-24-89-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
82 City of Fontana
Sierra Avenue Pavement Rehabilitation Project (DE-24-89-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
83 City of Fontana
Sierra Avenue Pavement Rehabilitation Project (DE-24-89-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
84 City of Fontana
Sierra Avenue Pavement Rehabilitation Project (DE-24-89-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/06/2024
PlanetBids
85 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2795 Agenda Date: 2/27/2024
Agenda #: H. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue
RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Randall Avenue Street Improvement Project in the amount of $923,094.00 and authorize a 10% contingency in the amount of $92,309.40 (Bid No. DE-24-88- SB).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Randall Avenue Street Improvement Project.
3. Appropriate $450,000 from Capital Reinvestment Fund (601) and $210,000 from Measure I, Local Fund (246) to the Randall Avenue Street Improvement Project, from Catawba Avenue to Citrus Avenue (PN0048).
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’s 7-Year Pavement Management Plan includes the Randall Avenue Street Improvement Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.
On January 25, 2024, bids for this contract were opened. A total of eleven (11) bids were received, ranging from $923,094.00 to $1,744,940.40. Matich Corporation is the lowest responsive and responsible bidder in the amount of $923,094.00. The Engineer’s estimate was $1,164,853.00.
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File #: 21-2795 Agenda Date: 2/27/2024
Agenda #: H. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $923,094.00 with a $92,309.40 contingency, for a total of $1,015,403.40. The total available budget in 37600048-246-A-8329 is $730,487.18. Considering all project expenses, an additional $450,000.00 is being requested in 37600048-601-A-8329 and $210,000.00 is being requested in 37600048-246-A-8329, and are not included in the FY 2023-2024 budget. The request has been submitted in the 2023-2024 mid-year budget report and will be funded by the Capital Reinvestment Fund (601) and Measure I, Local Fund (246).
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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N
0 1 inch = 600 feet
600 1200
RANDALL AVENUE STREET IMPROVEMENT PROJECT
FROM CITRUS AVENUE TO CATAWBA AVENUE
TRACKING NO. SQ-87-DE-19-44
PROJECT LOCATION
88 Bid Results
Randall Avenue Street Improvement Project
DE-24-88-SB
1. Matich Corporation $923,094.00
Redlands, CA
2. Dash Construction Company, Inc. $992,176.57
Woodland Hills, CA
3. All American Asphalt $1,045,450.70
Corona, CA
4. LCR Earthwork & Engineering, Corp. $1,067,111.65
Jurupa Valley, CA
5. Hillcrest Contracting, Inc. $1,100,116.75
Corona, CA
6. Onyx Paving Company, Inc. $1,111,000.00
Anaheim, CA
7. Sequel Contractors, Inc. $1,146,845.10
Santa Fe Springs, CA
8. Hardy & Harper, Inc. $1,245,000.00
Lake Forest, CA
9. R.J. Noble Company $1,248,827.55
Orange, CA
10. Aneen Construction, Inc. $1,325,419.17
Indio, CA
11. I E General Engineering, Inc. $1,744,940.40
Wildomar, CA
89 City of Fontana
Randall Avenue Project, Catawba Avenue to Citrus Avenue (DE-24-88-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
90 City of Fontana
Randall Avenue Project, Catawba Avenue to Citrus Avenue (DE-24-88-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
91 City of Fontana
Randall Avenue Project, Catawba Avenue to Citrus Avenue (DE-24-88-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
92 City of Fontana
Randall Avenue Project, Catawba Avenue to Citrus Avenue (DE-24-88-SB), bidding on 01/25/2024 2:00 PM (PST)
Printed 02/01/2024
PlanetBids
93 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2810 Agenda Date: 2/27/2024
Agenda #: I. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Amendment No. 1 to Task Order with Albert Webb and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue RECOMMENDATION:
1. Approve and authorize the City Manager to execute Amendment No.1 to Task Order with Albert Webb and Associates for Inspection Services for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue (SQ-87-DE-19-30) in the amount of $121,800.00 for a total contract amount of $425,800.00.
2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $100,000.00 for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.
DISCUSSION:
The City of Fontana’s approved Capital Improvement Program Budget includes the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project (“Project”). The proposed improvements include widening Sierra Avenue to six (6) lanes with curb, gutter, sidewalks, raised landscaped median, decorative streetlights, and a new traffic signal at Sierra Avenue and Reed Street intersection. The construction began in July 2022 and is expected to be substantially completed in April 2024.
On June 28, 2022, the City Council approved a Task Order for Albert Webb and Associates to provide inspection services for the Project. This amendment to the Task Order is necessary as the construction has experienced unexpected delays due to utility coordination and weather. This Amendment accounts for all anticipated inspection services until construction completion barring any unforeseen construction conditions.
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File #: 21-2810 Agenda Date: 2/27/2024
Agenda #: I. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $121,800.00 for the full term of the Agreements and is included in the 2023-2024 budget, $82,702.20 in 37603281-245-A-8115 and $39,097.80 in 37603281-630-A-8115.
MOTION:
Approve staff recommendation.
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2022-0166
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com December 19, 2023
Revised 1-18-24
Jeffrey Kim
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
RE: Construction Inspection Amendment Request
Sierra Avenue Widening Project
Dear Mr. Kim:
Webb has exhausted our original proposal of 2,000 hours of full-time inspection which covered the project through October 2023. Per the City’s email dated January 18, 2024, we understand that this project is now anticipated to be substantially complete by the end of February and only part time effort will be required thereafter.
We anticipate an additional 840 inspection hours thru project completion.
Construction Inspector 840 hours @ $145/hour = $121,800.00 Total not to be exceeded without prior authorization from the City of Fontana = $121,800
If you require any additional information or have any questions, please feel free to contact our office.
Sincerely,
ALBERT A. WEBB ASSOCIATES
Reed Chilton, P.E.
Director, Construction Management and Inspection
96 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2818 Agenda Date: 2/27/2024
Agenda #: J. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
2023 Parks, Recreation & Trails Master Plan Update
RECOMMENDATION:
Approve and adopt the new 2023 Parks, Recreation & Trails Master Plan.
COUNCIL GOALS:
· To increase citizen involvement by seeking community input. · To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
The purpose of the City’s Parks, Recreation & Trails Master Plan is to provide the framework for the orderly development of new facilities, and improvements to existing facilities. This 2023 Master Plan update is the product of an analysis of existing conditions, a review of Chapter 7 of the City’s current General Plan, execution of a resident survey conducted in April 2019, and discussions with City officials and staff.
The City’s Parks, Recreation & Trails Master Plan was last updated in 2008. Accomplishments highlighted by this new 2023 Master Plan update include the addition of seventeen (17) new parks totaling forty-four (44) acres throughout the city, with Central City Park and South Fontana Park being two of the most notable additions since 2008.
This new 2023 Master Plan update includes recommendations for over $23 million dollars of citywide park improvements, along with recreational facility improvements totaling $48 million dollars.
The details of these improvements were shared with the City Council during a workshop presentation on September 26, 2023, followed by a presentation to the Parks, Community and Human Services Commission on October 26, 2023.
At their last regular meeting on January 25, 2024, the Parks, Community and Human Services Commission approved the recommendation by staff to forward the 2023 Parks, Recreation & Trails Master Plan to the City Council for their final approval and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. The estimated cost associated City of Fontana Page 1 of 2 Printed on 2/22/2024
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File #: 21-2818 Agenda Date: 2/27/2024
Agenda #: J. Category: Consent Calendar
with the completion of the plan is $213 million and funding has not yet been identified.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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City Council Workshop
September 26, 2023
Parks, Recreation & Trail Master Plan
Priority List of Improvement Projects
99 Parks, Recreation and Trail Master Plan
• The current master plan was adopted on May 13, 2008
• We update the Parks Master Plan every 10 years to add new parks inventory, identify new community needs, and help plan for future funding
• Update and prioritize the list of Improvement Projects for our parks 100
Park Inventory
2008 2023
General Fund Parks 11 Parks (187.9 acres) 13 Parks (223 acres) Special District Parks 24 Parks (190.1 acres) 39 Parks (199 acres) Open Spaces 695 acres – Jurupa Hills 695 acres – Jurupa Hills Total # of parks 35 52
Total Acres 378 422
101
Recent Projects Completed
and In Progress • New ADA inclusive playground
installations
• New baseball scoreboards • Dugout shade covers • Spectator shade structures • New baseball backstops • New playground shade structures • New park gazebos • Security Cameras • Village of Heritage • Pool Deck Renovation • Pool Fencing Renovation 102
Recent Projects Completed and In Progress
• Funding Sources:
• City ARPA allocation to Parks $4,079,000
• County ARPA allocations $2,075,000
• County Discretionary Funds allocations $645,000
• California Prop 68 Per Capita Grant $177,952
Total Expenditure $6,976,952
• $6,976,952 = 41% of the current FY 23/24 budgeted park maintenance expenditure total of $17,056,626
103
Projected Future Costs for Improvements
• Staff performed a detailed assessment of the improvement needs in our parks. • The preliminary cost estimate for prioritized improvements is $22,525,500. • Impact to the General Fund $3,585,000
• Impact to the Special Districts $18,940,500
• High Priority Projects Cost $11,657,000
• Moderate Priority Projects Cost $3,943,500
• Low Priority Projects Cost $6,925,000
• Other additional major improvements totaling $48,995,000. • Miller Center and Amphitheater $20,500,000
• Don Day Community Center $28,000,000
• Martin Tudor Regional Park $495,000
104
Identified Park Improvements by Priority
High Priority
New Playground Shade Structures $3,135,000
New ADA and Special Needs-Inclusive
Playground Equipment $5,830,000
Playground Surfacing Replacement $451,000
ADA Sidewalk Improvements $475,000
Roof Replacements/Improvements $368,500
Security Lighting Enhancements $385,000
Fencing Replacements/Renovations $247,500
Security Cameras $165,000
New Pickleball Courts at Seville Park /
Demo Old Amphitheater $600,000
Total of High Priority Improvements $11,657,000
105
Identified Park Improvements by Priority
Moderate Priority
Baseball Scoreboard Replacements $70,000
Spectator Shade Structures at Pools and
Athletic Fields $2,128,500
Park Restroom Replacements/Renovations $1,745,000
Total of Moderate Priority Improvements $3,943,500
106
Identified Park Improvements by Priority
Low Priority
New Park Gazebos $825,000
Fitness Trails $236,000
Sewer Extension Martin Tudor Park $330,000
Bicycle Pump Track Action Park $1,500,000
Hillside Stabilization above Tudor Splash Pad $220,000
Open Space Wilderness Trails $110,000
New McDermott Soccer Park Artificial Turf $3,000,000
Ballfield Backstops and Catch Nets $704,000
Total of Low Priority Improvements $6,925,000
107
Proposed Major CIP
Improvements • Miller Center and Amphitheater - $20.5 million • 2 new pools • New gymnasium with 2 basketball courts • Renovated racquetball courts • Add permanent seating to the Miller Amphitheater
• Don Day Community Center - $28 million • Update and expand the facility to meet the current needs of the Community
• Martin Tudor Regional Park - $495,000 • Park Rehabilitation 108
Reoccurring Park
Equipment Maintenance • Artificial turf sports fields • Roller Hockey Pavilion Roofs • Replastering of Pools • Pool Equipment • Sidewalk Repairs • Resurfacing Sports Courts 109
Artificial Turf Replacement
• Artificial turf sports fields typically need replacement after 8 to 10 years of use at an estimated cost of $750,000 per field. • We currently have artificial turf sports fields at:
• CFD#12 - Ralph M. Lewis Park – 4 fields replaced in 2014 • General Fund - Jack Bulik Park – 1 field installed in 2019 • General Fund - Central City Park – 3 fields installed in 2021 • General Fund - South Fontana Park – 4 fields installed in 2022 • Total estimated replacement cost of $9,000,000.
110
Summary
• Funding sources for improvements
• General Fund
• Special District Funds
• Grants
• FY 2023/2024 Budgeted Park Maintenance Expenditures = $17,056,626 • 422 acres @ $40,000 per acre
• Assumed 10% enhancement per year for capital re-investment = $1,700,000 • Accomplishment Timeline for our Prioritized Improvements • 7 years for High Priority Improvements
• 13.5 years for All Prioritized Improvements
111
Any Questions?
112
DRAFT
October 2023
113
CITY OF FONTANA
PUBLIC WORKS DEPARTMENT
Parks, Recreation & Trails Master Plan: 2023 Update
City of Fontana City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro-Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Philip Cothran, Jr., Council Member
Parks, Community and
Human Services Commission
Fay Glass, Chairperson
Armondo Valles, Vice Chairperson
Dylan Keetle, Secretary
Benjamin Alba, Commissioner
Torrie Lozano, Commissioner
Administrative Staff
Matthew C. Ballantyne, City Manager
Phillip Burum, Deputy City Manager
Gia Kim, Public Works Director
The City of Fontana would like to thank the Parks, Community and Human Services Commission for their guidance and support, without their valuable input this update would not have been possible. 114
Table of Contents
Section 1 Introduction
1.1 Overview 1-1
1.2 Scope & Content 1-1
Section 2 Summary
2.1 Purpose 2-1
2.2 Analysis & Findings 2-1
2.3 Recommendations & Action Plan 2-2
2.4 Implementation Plan 2-4
Section 3 Update Process
3.1 Regional Context 3-1
3.2 Parks & Recreation 3-1
3.3 Recreation Centers 3-20
3.4 Trails & Bikeways 3-22
3.5 Parks & Facilities Standards Analysis 3-30
3.6 Summary of Citizen Survey 3-32
Section 4 Funding Summary
4.1 Development Components & Capital Costs 4-1
Appendix A
Existing Park Inventory A-1
Appendix B
Survey Questionnaires & Responses B-1
List of Exhibits
1-1 Sphere of Influence 1-2
3-1 Existing Parks 3-5
3-2 Existing Schools 3-7
3-3 Community Parks Radii 3-14
3-4 Neighborhood Parks Radii 3-15
3-5 Neighborhood & Community Parks Radii 3-16
3-6 Underserved Areas 3-17
3-7 Planned Future Parks 3-18
3-8 Planned Future School Sites 3-19
3-9 Existing & Proposed Community Centers 3-21
3-10 Recreation Trails 3-25
3-11 Existing & Proposed Bikeway Systems 3-26
3-12 Bikeway Types 3-27
List of Tables
3.1 Inventory of Existing Parks 3-6
3.2 Inventory of Joint Use Facilities 3-8
3.3 Comparison of Existing Inventory 3-31
4.1 Capital Costs 4-2
115
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 1-1
Section 1: Introduction
1.1 Overview
The City of Fontana, situated at the heart of the San Bernardino Valley, has unique and beautiful parks and open space resources ranging from small neighborhood tot lots to a large regional park. During the past four decades the rapid growth to the north of the City, along the 210 Foothill Freeway corridor and to the south along the Jurupa Hills has primarily been residential. This development has occurred through the specific plan process, as a means of assuring the construction of the infrastructure required to support these new modern residential communities. Development in the traditional city core has been primarily in-fill housing, condominiums, and apartments on smaller scale parcels.
This study reviews the park and recreation facilities and programs to determine their foreseeable future needs, and examines the existing circulation and development plans to update the trails master plan.
The goal is to maintain Fontana's quality of life and environment, and provide a guide for the development of future park sites and programs.
In addition to improving the overall quality of life for residents, excellent park and recreation programs are important for the well being of a city's business community. Not only do they make the community more attractive to higher income residents (providing a stronger market base for local businesses), they can directly influence a city's ability to enhance its fiscal base by attracting commercial and industrial businesses. "Quality of Life" issues consistently rank high in the list of reasons a firm decides to locate in a particular community. Entrepreneurs often want to locate their businesses in a community where they would like to live and where they expect their employees may like to live.
Attractive parks and open space areas enhance residential property values, and create a sense of community. A city that has parks where employees can spend their lunch hour, community centers that provide a forum for seniors and youth to share experiences, and a trail system that offers not only weekend recreation opportunities, but also weekday transportation alternatives, will attract new businesses and their employees.
Recreation programs for young people provide constructive alternatives to loitering, vandalism, and even more serious crimes. By providing safe, affordable, family-oriented services and programs for all ages the City has an effective crime prevention tool and a constructive means of developing a strong sense of community.
1.2 Scope and Content
The scope of the Master Plan includes both the incorporated city land and the unincorporated Sphere of Influence (See Exhibit 1-1 for city boundaries and the unincorporated county areas). Recreation demand is based upon current and projected City population. The Master Plan will provide a framework for orderly development of new facilities and the improvements to existing facilities. 116
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 1-2
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRYAV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRA AV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AVLINDEN AV
RIVERSIDE AV
LINDEN AV
1 0.5 0 1
Miles
NORTH
City of Fontana
City of Fontana
Sphere of
Influence
Sphere of
Influence
RANCHO
CUCAMONGA
RIALTO
City Boundary
Sphere of Influence
DATE 2023
EXHIBIT 1-1
CITY OF FONTANA
117
118
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 2-2
Foothill South Area: Residential neighborhood located partially in the Sphere of Influence bounded by Foothill Avenue and the Metrolink right-of-way, and by East and Citrus Avenues.
West Fontana Area: Residential neighborhood in the Sphere of Influence bounded by the Metrolink right-of-way and the I-10 Freeway, and by Cherry and Citrus Avenues.
Review of the Trails Master Plan
The existing Fontana Trails Master Plan was reviewed in the context of regional connections as well as the new specific plan development that has occurred. The City has many opportunities for the expansion of its trail system and pursuant to the Goals and Policies of the General Plan should pursue opportunities for connectivity and integration with the surrounding communities.
Survey of the Residents
True North Research designed and conducted two mixed method surveys in April of 2019 to identify areas of most importance to residents. The surveys focused on facilities and programming. Results indicates that Fontana residents are generally pleased with the current parks, open space, and recreational facilities inventory. The opportunities for the greatest improvement are in the areas of increased safety, adding recreational equipment, beautification, lighting, restrooms, and additional facilities.
2.3 Recommendations & Action Plan
The recommended elements for consideration are identified as follows:
1. Improvements to Existing Parks and Recreation Centers It is recommended that improvements be made to the following parks:
Almeria
Cambria Park
Catawba Park
Chaparral Park
Condor Park
Coyote Canyon Park
Fiesta Park
Fontana Park
Dr. Charles Koehler Park
Heritage Circle Park
Heritage Tot Lot West
Hunter's Ridge
Martin Tudor Park
Jurupa Hills Open Space Park
Mary Vagle Museum and Nature Center:
McDermott Sports Park
McDermott Soccer Park
Miller Park
North Heritage Park
North Tamarind Park
Oak Park
Patricia Marrujo Park
Patricia Murry Park
Ralph M. Lewis Park
119
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 2-3
Rosena East Park
Rosena West Park
San Sevaine
Seville Park
Shadow Park
Southridge Park and Don Day Community Center
Sycamore Hills Park
Village Park
VOH Pool Facility
2. New Park Development
There is an identified need for new park development in the City and its Sphere of Influence (county unincorporated areas). The addition of new parks would provide the needed facilities and accessibility within a reasonable service radius. The following new parks are proposed to be built (See Exhibit 3-7):
• Arboretum Specific Plan
• Downtown Linear Park on the PE Trail
• Sierra Lakes Sports Park
• Westgate Specific Plan
3. Provide Service in Under Served Areas
New parks to service existing and future populations within the existing city boundaries and Sphere of Influence are recommended for two areas (See Exhibit 3-6):
• Foothill South Area: One community park and various neighborhood parks • West Fontana Area: One community park and various neighborhood parks
4. Trails
The following improvements are recommended for the City's trail system:
• Recreation Trail Improvements
• Bicycle Lane Improvements
• Over/Underpass Improvements
• Recreation Trail Amenities
• Bicycle Lane Amenities
5. Improvements to Recreation Centers
Because these are large facilities, they will provide a variety of services which will meet the needs of the larger segments of the community. Smaller neighborhood centers which provide program specific activities/programming for teens, seniors and other age specific facilities will be defined by population demand and located accordingly. It is recommended that the following improvements be considered to the City’s Recreation Centers:
Renovate Don Day Community Center
120
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 2-4
6. Improvements to Recreational Trails
The proposed recreation trail system primarily follows the utility and flood control corridors throughout the City of Fontana, while the Active Transportation Plan provides for a system of safe bicycle routes using the city street network. The approved Active Transportation Plan also seeks to take advantage of new development opportunities to provide a continuous trail system for recreation and transportation.
Many sections of the City have been built out; therefore, the recommendations focus on adapting the existing street system and utility corridors for bicycle travel. Where new development is occurring, the Master Plan recommends accepted design standards to ensure new streets are bicycle-friendly, and logical connections are made to the existing infrastructure. Particular attention should be made to routes to schools, parks and other recreation facilities, and commercial areas.
The Active Transportation Plan will ensure linkages to regional open space to the north and south and to adjacent cities. The trails also provide linkages within the City to key commercial, cultural, and recreational destinations.
7. City and School Districts Use Agreements
The partnering of the City and school districts in joint use/exclusive use agreements is an essential element in providing for the existing and future park and recreational needs. Joint-use and development of facilities is a tried and proven way of utilizing school and City facilities to provide for the recreational needs of the community.
It is recommended that the City:
• Continue to pursue joint-use opportunities with the school districts, especially for the use and maintenance of existing and future gymnasiums and athletic fields. • Continue working with the school districts to implement the school-park development concept and pursue joint development when beneficial to both the City and the school districts.
Specific consideration should be given to older neighborhoods and those surrounding the downtown in order to provide neighborhood park facilities. • Encourage the School District to set up an annual planning session with all organized sports group to establish an annual calendar.
• Add additional joint use and exclusive use agreements with other schools.
2.4 Implementation Plan
The recommended implementation plan involves four major categories of park and recreation improvements:
1. Expansion of existing parks and recreation centers
2. Improvements to existing City parks/joint use facilities to address facility deficiencies
3. Development of new parks in the City and its Sphere of Influence to accommodate the additional future demand for park facilities resulting from anticipated population growth 121
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 2-5
4. Development of recreational trails and associated amenities Given the large capital investment needed to implement the recommended improvements, the proposed plan will need to be phased, in order to spread the costs over a reasonable period of time. The prioritization of improvements within the phasing program was generated after careful consideration of the following information:
• Immediate needs for new facilities within existing parks based on demand, replacement of aging equipment, citizen feedback through a survey of residents, and input from City Council, Parks, Community and Human Services Commission, and City staff. • New parks and community centers to be developed over the longer-term, should be phased based on future facility needs suggested by anticipated population growth and the geographic locations and expected timing of known residential plans in the City. 122
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-1
Section 3: Update Process
3.1 Regional Context
The City of Fontana is situated between the Jurupa Hills to the south and the San Gabriel and the San Bernardino Mountains to the north. These geological formations provide the City of Fontana with an abundance of open space and wilderness recreation.
Much of the San Gabriel and San Bernardino mountains are within the contiguous jurisdictions of the Angeles and San Bernardino National Forests. Trailheads throughout the foothills and along Lytle Creek connect the City inland to the Pacific Crest Trail that eventually reaches as far as the Canadian and Mexican borders. Southwest of the City, Martin Tudor Jurupa Hills Regional Park is part of a county trail system that connects southward to the Santa Ana River.
3.2 Parks & Recreation
Review of the City General Plan
The Conservation, Open Space, Parks, and Trails Element of the General Plan (2015-2035) was reviewed. The following goals and policies related to the parks and recreation component are outlined.
Goal 1: Fontana continues to preserve sensitive natural open space in the foothills of the San Gabriel Mountains and Jurupa Hills.
Consider permanent protection for sensitive foothill lands through potential partnerships with conservation organizations or acquisition and deed restrictions.
Goal 2: Large city parks and open spaces include plantings and natural areas attractive to birds and other wildlife.
Inform the public about the natural ecological character of Fontana.
Use public open space to support wildlife habitat where appropriate.
Goal 3: Fontana has a healthy, drought-resistant urban forest.
Support tree conservation and planting that enhances shade and drought resistance.
Expand Fontana’s tree canopy.
Goal 4: The city of Fontana has a no-net-loss policy for public parkland.
Establish legal requirements for replacement, when any city-owned park land listed in the California Protected Lands database is transferred to other uses, with land of equivalent environmental, recreational, or aesthetic value.
Goal 5: All Fontana residents live within walking or biking distance of a public park, and there are sufficient public parks to serve all areas of the city. 123
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-2
Establish park access by walking and biking as a criterion for locating parks and for design of active transportation networks.
Continue to use a minimum standard of 5 acres of public parkland per 1,000 persons.
Pursue park development where parkland is insufficient
Goal 6: All public parks are designed and maintained to a high standard.
Promote park designs that can serve multiple types of users and provide aesthetic benefits.
Provide sufficient funding to support adequate park maintenance.
Goal 7: The Fontana parks system has a nonprofit partner that raises money for park improvements.
Promote creation of a Fontana Parks Foundation, a nonprofit to support park system improvements and activities.
Goal 8: Fontana updates the Parks, Recreation, and Trails Master Plan at least every 10 years.
Support a Parks, Recreation, and Trails Master Plan update consistent with the General Plan and at least every 10 years thereafter.
Goal 9: Fontana has multi-use trails that provide north-south links and connections with the Pacific Electric Trail and other city pedestrian and bicycle routes.
Seek funding sources to implement the San Sevaine Trail and design and implement an "Eastside Trail" linking the City from north to south the east part of the city, Create a maintenance / Renovation Program for the trails system.
Advocate with other municipal partners to state lawmakers for opportunities to use utility easement land as trails and parks.
Goal 10: Trails in natural areas offer nature recreation experiences.
Support trail creation and maintenance in natural areas.
Park Types
Regional Parks: 40 acres or more with a wide range of amenities to attract the greatest range of users and interests within and beyond the city. Their typical service radius corresponds to a one-hour drive.
Fontana's regional park, Jurupa Hills Regional Park totals 695 acres of of open space.
Community Parks: 10 to 40 acres and are utilized for active and/or passive activities; typical amenities include pool, lighted sports fields and courts, picnic facilities, play areas, restrooms, and off-street parking.
Neighborhood Parks: 1 to 10 acres; walk or bike-to parks which are located within the neighborhood they serve; include both active and passive designs; provides amenities such as picnic areas, informal 124
125
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-4
5. Condor Park 1.0
6. Fernandez Park 2.3
7. Fiesta Park 1.3
8. Gabriella Park 1.3
9. Heritage Circle Park 3.0
10. Heritage Village East Tot Lot 0.5
11. Heritage Village West Tot Lot 0.5
12. Hunter's Ridge Park 4.7
13. Lemon Pepper Park 0.3
14. Licorice Park 0.2
15. Miller Park 5.5
16. Northgate Park 2.9
17. North Heritage Park 1.3
18. North Tamarind Park 5.0
19. Oak Park 3.0
20. Oak Grove Park 5.0
21. Patricia Marrujo Park 5.2
22. Patricia Murray Park 1.0
23. PA-5 Gabion Ranch Park 0.3
24. PA-6 Gabion Ranch Park 0.2
25. PA-11 Gabion Ranch Park 1.3
26. PA-16 Gabion Ranch Dog Park 3.8
27. San Sevaine Park 5.7
28. Seville Park 13.0
29. Shadow Park 7.0
30. Sierra Crest Park 1.0
31. Sierra Crest II Park 1.6
32. Sycamore Hills Park 3.2
33. Valley Oak Park 0.9
34. Santa Fe Park 1.0
Acreage of Neighborhood Parks 104.3
Total Park Acreage 421.55
Exhibit 3-1 provides a map of all existing parks in the City. An itemized list of facilities for each park is given in Table 3.1.
Joint Use (School) Facilities: Schools within the City boundary are within the Fontana Unified School District, the Colton Joint Unified School District and the Etiwanda School District, as shown in Exhibit 3-2.
The City has joint use agreements with 53 of the local schools totaling approximately 650 acres, as shown on Table 3.2. The City uses a 25% ratio in counting usable recreational areas at these schools.
Therefore, there is approximately 163 acres of joint use facilities. 126
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-5
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRYAV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AVLINDEN AV
RIVERSIDE AV
LINDEN AV
1 0.5 0 1
Miles
NORTH
Existing Park
City Boundary
Sphere of Influence
3-5
PATRICIA
MARRUJO
PARK
PATRICIA
MURRAY PARK
SAN SEVAINE
PARK
HUNTER’S RIDGE
PARK
RALPH M. LEWIS
SPORTS COMPLEX
DR. CHARLES
A. KOEHLER PARK
CAMBRIA PARK
NORTHGATE
PARK
GABRIELLA PARK
BILL MARTIN PARK
NORTH
TAMARIND
PARK
CYPRESS
NEIGHBORHOOD
CENTER
CENTRAL CITY
PARK MILLER PARK
SEVILLE PARK
HERITAGE
VILLAGE WEST
TOT LOT
HERITAGE
VILLAGE EAST
TOT LOT
HERITAGE
CIRCLE PARK
MCDERMOTT
SPORTS
COMPLEX
NORTH HERITAGE
PARK
ROSENA PARK
SOUTHRIDGE PARK WITH
DON DAY COMMUNITY CENTER
CHAPARRAL PARK
OAK PARK
SHADOW PARK
VILLAGE
PARK
CATAWBA
PARK
MARTIN TUDOR
JURUPA HILLS
REGIONAL PARK
FIESTA
PARK
SYCAMORE HILLS
PARK
JACK BULIK
PARK
VETERANS PARK
MARY VAGLE MUSEUM
& NATURE CENTER
ALMERIA PARK
LEMON PEPPER PARK
LICORICE PARK
CARMELA PARK
FONTANA
PARK
SIERRA CREST
PARK
PA-16
PA-5 PA-6
PA-11
OAK GROVE
PARK
VALLEY OAK
PARK SIERRA
CREST II
CONDOR
PARK
COYOTE
CANYON
FERNANDEZ PARK
SOUTH FONTANA
SPORTS PARK
JUNIPER AV JUNIPER AV
EXHIBIT 3-1
EXISTING PARKS
127
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-6
TABLE 3.1
INVENTORY OF EXISTING PARKS
Table 3.1
Existing Facilities Inventory
City of Fontana Park Facilities
Almeria ParkBill Martin ParkCambria ParkCarmela ParkCatawba ParkCentral City Park and Cypress Community CenterChaparral ParkCondor ParkCoyote Canyon ParkDr. Charles A. Koehler ParkFernandez ParkFiesta ParkFontana ParkSouth Fontana ParkGabriella ParkHeritage Circle ParkHeritage Village East Tot Lot Heritage Village West Tot Lot Hunter's Ridge ParkJack Bulik ParkJurupa Open Space Lemon Pepper ParkLicorice ParkMartin Tudor Regional ParkMary Vagle Nature CenterMcDermott Sports ComplexMcDermott West Soccer ParkMiller ParkNorthgate ParkNorth Heritage ParkNorth Tamarind ParkOak Grove ParkOak ParkPA- 5 Gabion Ranch ParkPA- 6 Gabion Ranch ParkPA- 11 Gabion Ranch ParkPA- 16 Gabion Ranch Dog ParkPatricia Marrujo ParkPatricia Murray ParkRalph M. Lewis Sports ComplexRosena Park WestRosena Park EastSan Sevaine ParkSanta Fe ParkSeville ParkShadow ParkSierra Crest ParkSierra Crest Park IISouthridge Park with Don Day Community CenterSycamore Hills ParkValley Oak ParkVeterans ParkVillage Park Totals
Acres 8.10 15.60 2.50 0.40 14.40 17.00 10.30 1.00 15.50 10.00 2.30 1.30 38.00 18.20 1.30 3.00 0.50 0.50 4.70 27.00 695.00 0.30 0.20 30.00 25.00 4.10 15.40 5.50 2.90 1.30 5.00 5.00 3.00 0.30 0.20 1.30 3.80 5.20 1.00 20.00 3.45 10.50 5.70 1.00 5.60 7.00 1.00 1.60 25.90 3.20 0.90 25.50 9.10 1116.6 Basketball Court - full court 21 12 6
Basketball Court - full court w/lights 2 2 4 2 2 1 1 1 2 1 1 2 2 2 1 26 Basketball Court - half court 0 0
Basketball Court - half court w/lights 1 2 22 7
BBQ Braziers 5 3 2 4 9 3 3 5 1 3 4 1 3 6 1 10 3 3 2 4 7 2 2 8 11 7 4 4 4 2 6 10 2 8 6 158 Benches 14 12 2 4 31 3 7 8 5 10 4 49 8 7 2 4 2 2 40 3 6 13 11 7 4 4 34 2 1 3 8 7 6 2 8 13 15 3 4 5 13 10 2 5 7 410 Bicycle Rack 2 1 1 1 1 1 3 5 1 1 2 3 1 1 1 8 1 2 1 2 1 2 1 43 Buildings 1 3 1 3 1 1 1 1 1 8 1 1 5 1 1 1 3 1 1 1 1 1 3 1 1 1 2 2 1 2 1 5 2 60 Community/Senior Centers 1 3 1 1 1 1 8
Concession Stand 2 1 1 2 2 1 1 2 1 1 2 1 21 20
Dog Park 12 2 5
Drinking Fountain 6 6 1 1 7 2 6 3 1 1 9 7 3 1 1 1 2 13 1 1 3 1 2 4 2 1 1 1 3 2 1 1 2 2 2 2 2 2 1 3 3 2 1 8 4 129 Equip./Maintenance Storage 2 2 1 3 2 1 4 1 1 1 1 3 1 1 2 1 1 2 30 Football 24 4 10
Group BBQ 5 1 1 1 1 4 1 1 1 2 2 1 1 1 1 5 29
Group Picnic 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 27
Handball Court 0
Horseshoe Pit 10 10
Indoor Basketball Court - full court 2 2
Indoor Gymnasium 1 1 2
Indoor Racquetball 4 4
Indoor Stage 1 1
Informal Fields 1 1 1 1 4 5 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 111 1 11 1 36 Lagoon 1 1
Little League Field 2 1 3
Little League Field w/lights 4 1 3 1 1 6 12 19
Parking - ADA accessible 1 11 2 17 1 7 6 2 41 14 2 25 1 6 4 4 4 1 3 2 2 1 18 2 4 2 5 1 1 5 2 19 3 219 Parking - on site 10 306 36 574 10 217 64 25 523 521 34 386 5 200 50 50 100 80 9 67 16 10 14 380 40 127 32 94 11 191 17 477 26 4702 Pickle Ball Courts 2 2 40 2 10
Picnic Shelters 4 2 5 1 1 3 1 1 3 6 1 7 1 1 3 1 1 2 1 1 1 1 1 1 3 2 1 2 3 1 62 Picnic Tables 16 15 2 8 13 16 8 15 13 4 3 18 29 3 4 3 32 2 1 51 4 5 9 3 11 15 14 5 3 6 2 2 8 11 25 16 9 8 9 7 12 8 34 19 501 Play Area & Apparatus 2 1 1 1 1 1 1 1 2 1 1 3 6 1 1 1 1 2 1 7 1 1 1 1 1 2 4 3 2 1 1 1 1 3 1 1 1 2 1 2 2 1 1 71 Port-a-Potty 0
Public Telephone 0
Restroom Facilities 1 2 1 3 1 1 1 1 1 5 1 1 1 3 1 1 1 1 2 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 2 1 3 1 52 Roller Hockey Court 11 2 4
Security Lighting yes yes yes no yes yes yes yes yes yes yes yes yes yes yes yes no no yes yes N/A yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes no yes yes yes yes yes yes yes yes yes 0 Senior Baseball (overlay) 1 1
Senior Baseball Diamond 1 1
Senior Baseball Diamond w/lights 1 1 11 4
Shuffleboard Court 0
Signage yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes no yes no yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes 0 Skatepark 11 0 2
Soccer (overlay) 2 yes 14 7
Soccer w/lights 1 4 4 yes 5 14
Softball Diamond 0
Softball Diamond w/lights 24 6
Splashpads 1 1 2
Stage/Amphitheater 1 1 11 4
Swimming Pool 1 1 11 1 5
Tennis Court 2 6 8
Tennis Court w/lights 2 6 42 2 16
Tot Play Area 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 38 Trails 1 yes 1 no yes yes 2 no yes yes 1 1 yes no no 1 no no no yes no yes yes 1 no no 1 no 1 no no no no 1 1 no 1 1 1 1 no yes no no no no 16 Volleyball Court 22 4
Wading Pool 1 11 3
Water Slides 1 1 2
128
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-7
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRY AV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPA AV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
EXISTING SCHOOLS
EXHIBIT 3-2
1 0.5 0 1
Miles
NORTH
OAK PARK ES
SOUTHRIDGE MS
CHAPARRAL ES SHADOW HILLS ES
KAISER HS
JURUPA HILLS HS
CITRUS ALT. HS
MICHAEL D’ARCY ES
JURUPA VISTA ES
CANYON CREST ES
POPLAR ES
TRUMAN MS
SYCAMORE HILLS ES
CYPRESS ES LIVE OAK ES
SEQUOIA MS
BEECH AVE ES WEST RANDALL ES
CITRUS ES
FONTANA HS
RANDALLPEPPER ES PALMETTO ES
DATE ES
OLEANDER ES REDWOOD ES S. TAMARIND ES
PORTER ES
DHIA ES
MAPLE ES
ALMOND ES FONTANA MS
TOKAY ES
N. TAMARIND ES ALMERIA MS
HEMLOCK ES ALDER MS
LOCUST ES
PRIMROSE ES
BIRCH ALT. HS
A.B. MILLER HS
RUBLE MS
GRANT ES
BINKS ES
JUNIPER ES
MANGO ES
SUMMIT HS
DAVID W. LONG ES
FALCON RIDGE ES
SIERRA LAKES ES
HERITAGE MS
W. HERITAGE ES
E. HERITAGE ES
CECILIA L. SOLORIO ES
City Boundary
Fontana Unified Schools
Colton Joint Unified Schools
Etiwanda Schools
Sphere of Influence
3-7
JUNIPER AV JUNIPER AV
129
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-8
ontana Parks, Recreation Trails Master Plan 2019 Upd
Table 3.2
Existing School Facilities
BirchCitrusFontanaJurupa HillsKaiserMillerSummitAlder ○AlmeriaFontana ○Ruble ○SequoiaSouthridgeTrumanAlmondBeechCanyon CrestCitrusChaparralCypressDateDolores Huerta International Academy* Acres 9.9 18.5 41.8 45.4 38.6 50.6 46.2 22.3 18.3 15.8 20.0 18.8 20.0 20.0 10.0 9.3 5.5 11.9 5.5 8.7 7.8 7.0 Basketball Court - full court w/ lights
Basketball Court - half court w/ lights
Basketball Court - full court 2 5 3 6 5 6 12 3 6 4 8 6 6 8 3 3 2 4 3 4 2 Basketball Court - half court 2 4
Track (Field) 1 1 1 1 1 1 1 1 1 1
Football Field 1 1 1 1 1 1 1 1 1
Handball Court 3 6 4 5 8 5 7 5 2 2 2 4 8
Indoor Basketball-Court fulll court 2 2 1 1 1 2
Indoor Gymnasium 1 2 1 1 1 1 1 1 1 1 1 1 1
Indoor Racquetball
Informal Fields 1 1 1 1 1 1 1 2 1 1 1 1 3
Practice Fields 1 2 1 1 2 2 1 1
Little League Field 2 1 2 1 2 4 1 1 1 2 4 3 2
Little League Field w/Lights
Roller Hockey Court
Senior Baseball Diamond 2 1 1 1 1 1 3
Senior Baseball Diamond w/ Lights
Soccer (Overlay) 1 1 1 3 2 9 1 2 1 1 1 1
Soccer W/Lights
Softball Diamond 2 2 2 2 2 1 1 1 2
Softball Diamond w/ Lights 1
Tennis Court 8 8 6 8 4 6 2 2
Tennis Court w/ Lights 6
Volleyball Court 2 3 1 4 1 6 3 6 3 5 3 2
Swimming Pool 1
Play Area & Apparatus 2 1 3 2 3 2 4
Port-a-Potty
* Specific facilities information not available
** Estimated acreage
○ Exclusive use agreement
Existing Joint Use Facilities
Inventory
Fontana USD - High Schools Middle Schools Elementary Schools 3-8
TABLE 3.2
JOINT USE FACILITIES
130
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-9
Proposed Improvements to Existing Parks/Facilities
The following planned improvements to existing parks will help satisfy the requirement for additional recreation facilities. See Table 4.1 for cost estimates.
Almeria Park:
• New ADA inclusive Playground structures(2)
Cambria Park:
• Playground Shade Structure
• New ADA Inclusive Playground Structure
• New Park Gazebo
Catawba Park:
• New Restrooms
• Resurface Parking
Chaparral Park:
• Playground Improvement
• New Restroom
• New ADA Inclusive Playground Structure w/ Shade Structure Condor Park :
• Full coverage playground shade structure
Coyote Canyon Park:
• Add shade at ballfield dugouts (6)
• New ADA Inclusive Playground Structure
• Replace rubber playground safety surfacing
• Add shade for ballfield spectator areas (6)
• New/Replace Score Boards(3)
Fiesta Park:
• Playground Shade Structure
• Replace rubber playground safety surfacing
• New ADA Inclusive Playground Structure
Fontana Park:
• Shaded spectator areas for the pool deck (2)
Dr. Charles Koehler Park:
• ADA Playground w/ shade & Improvements
• Resurface Parking Lot
Heritage Circle Park:
• Security Lighting
• Renovate Restroom
• Fitness Trail
• New Park Gazebo
131
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-10
Heritage Tot Lot West: • Playground Shade Structure • New ADA Inclusive Playground Structure Hunter's Ridge: • Snack Bar Roof Improvement • Resurface Parking Lot • Add Shade at Ballfield Dugouts (2) • Full Coverage Playground Shade Structure • Add shade for ballfield spectator areas (2) Martin Tudor Regional Park: • Park Rehabilitation • Resurface Parking Lot • Sewer Extension • Playground Shade Structure • Replace rubber playground safety surfacing • New ADA Inclusive Playground Structure • Pump Track Action Park Jurupa Hills Openspace Park: • Hillside Stabilization above the splash Pad • Wilderness Trails Mary Vagle Museum and Nature Center: • Resurface Existing Parking Lot McDermott Sports Complex: • Playground Shade Structure • Shade Structures McDermott Soccer Park: • Replace Fence • Resurface Parking Lot • Shade Structures • Artificial Turf Miller Park: • New outdoor pool facility • New Indoor Pool Facility • Gymnasium with two indoor basketball courts Courts • Indoor racketball courts • Amphitheature seating with Dance Area North Heritage Park: • Playground Shade Structure • Replace rubber playground safety surfacing • New ADA Inclusive Playground Structure 132
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-11
• Improved Security Lighting
North Tamarind Park: • ADA sidewalk improvements
Oak Park: • Restroom Improvement • Security Lights • Shelter Roof • Playground Shade Structure • New ADA Inclusive Playground Structure Patricia Marrujo Park: • Playground Shade Structures (2) • New ADA Inclusive Playground Structure • New Park Gazebos (2) Patricia Murry Park: • Playground Shade Structure • New ADA Inclusive Playground Structure • New Park Gazebos (2) Ralph M. Lewis Park: • New Football Goal Posts w/ Catch Systems (8) Rosena East Park: • Playground Shade Structures (2) • New Park Gazebo • New ADA Inclusive Playground Structures (2) Rosena West Park: • Playground Shade Structure • Replace rubber playground safety surfacing • New ADA Inclusive Playground Structure San Sevaine: • Resurface Parking Lot • Full Coverage Playground Shade Structure • Upgrade Existing Park Exercise Equipment • New Park Gazebo Seville Park: • Resurface Parking Lot • Remove the old amphitheater and stage • New ADA Inclusive Playground Structure • New Pickle Ball Courts (4) 133
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-12
• ADA sidewalk improvements
Shadow Park:
• ADA Playground Improvements with shade structure
Southridge Park and Don Day Community Center:
• Resurface Existing Parking Lot
• Shade for Ballfield Spectator Areas (4)
• New ADA Inclusive Playground Structure
Sycamore Hills Park:
• Playground Shade Structure (2)
• New ADA Inclusive Playground Structure
Village Park:
• Playground Shade Structure
• Replace roof on Park Gazebo
• Shade for Ballfield Spectator Areas (6)
• New ADA Inclusive Playground Structure
• Expand Parking
• ADA sidewalk improvements
• Ballfield Score Boards (3)
VOH Pool Facility:
• Spectator Shade Structure (2)
Park Security Camera Installations:
• 1 park per year
Service Area Analysis
There are currently 18 community parks or groupings of parks. Community parks are defined by the General Plan to have a service area of a mile and a half.
The incorporated city has good access to the existing community parks as shown in Exhibit 3-3. The need for more community parks will be increased by the annexation of the unincorporated area of West Fontana and the future development of the unbuilt portions of North Fontana. These areas will both need a new community park.
A neighborhood park has a service area of one-half mile, a comfortable walking distance. Exhibit 3-4 illustrates the service areas of all existing and planned neighborhood parks. There are no neighborhood parks in the unincorporated area of West Fontana. The areas of the City and its Sphere of Influence not served directly by existing parks are served by the recreation facilities located at schools.
Exhibit 3-5 illustrates the service areas of all community and neighborhood parks combined.
Underserved Areas
There are currently no parks or recreational facilities located in the following areas (Exhibit 3-6):
Foothill South Area: Residential neighborhood located partially in the Sphere of Influence bounded by 134
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-13
Foothill Avenue and the Metrolink right-of-way and by East and Citrus Avenues.
West Fontana Area: Residential neighborhood in the Sphere of Influence bounded by the Metrolink right-of-way and the I-10 Freeway and by Cherry and Citrus Avenues.
Pursuant to the goals in the General Plan, City park standards shall also apply to newly annexed areas of the city.
Planned Future Parks
The City will be reviewing future park and trail facilities, some through specific plans. The following master planned recreation facilities will also help satisfy the requirements for additional recreation facilities.
The locations of new park facilities are indicated on Exhibit 3-7. The new community center is shown on Exhibit 3-9.
The Arboretum Specific Plan is proposed to be located to the east of Citrus Avenue between Interstate 15 and Summit Avenue and will include 13 acres of public park.
Downtown Linear Park on the PE Trail is a proposed extension of the Civic Center park improvements such as the Library and Miller Amphitheater extending to the west to Juniper Avenue.
Sierra Lakes Sports Park is a 29.8-acre proposed park to be located in north Fontana on Sierra Lakes Parkway between Knox Avenue and Catawba Avenue.
Westgate Specific Plan is proposed to be located adjacent to Fontana Park on the western side of the City and includes 19.04 acres of parkland.
Planned Future Schools
Fontana Unified School District is currently planning one new school site as illustrated on Exhibit 3-8.
This planned future school is a 7-12 academy located at Citrus Avenue and Casa Grande Avenue. 135
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-14
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRY AV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANA AV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
1 0.5 0 1
Miles
NORTH
COMMUNITY PARKS
EXHIBIT 3-3
Existing Park
City Boundary
Sphere of Influence
3-15
1.5 Mile Service Radius
JUNIPER AV JUNIPER AV
136
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-15
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRYAV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
NEIGHBORHOOD PARKS
EXHIBIT 3-4
1 0.5 0 1
Miles
NORTH
Existing Park
City Boundary
Sphere of Influence
3-16
0.5 Mile Service Radius
JUNIPER AV JUNIPER AV
137
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-16
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRYAV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
NEIGHBORHOOD &
COMMUNITY PARKS
EXHIBIT 3-5
1 0.5 0 1
Miles
NORTH
Existing Park
City Boundary
Sphere of Influence
3-17
0.5 Mile Service Radius
Neighborhood Park
1.5 Mile Service Radius
Community Park
JUNIPER AV JUNIPER AV
138
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-17
UNDER-SERVED AREAS
EXHIBIT 3-6
1 0.5 0 1
Miles
NORTH
City Boundary
Sphere of Influence
Under-Served Area
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRYAV
ARROW BLVD
FOOTHILL BLVD
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AVLINDEN AV
RIVERSIDE AV
LINDEN AV
FOOTHILL SOUTH
WEST FONTANA
3-18
JUNIPER AV JUNIPER AV
139
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-18
SUMMIT AV
CHERRY AV
BASELINE AV
MAPLE AV
ALDER AV
SIERRA AV
CITRUS AVBEECH AV
CHERRY AV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRA AV
CITRUS AV
CHERRY AV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAY AV
BEECH AV
SIERRA AV
CITRUS AV
CHERRY AVMULBERRY AV
ETIWANDA AV
JURUPA AV
CITRUS AV
SIERRA AV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPA AV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
0.7 0.35 0 0.7
Miles
PLANNED FUTURE PARKS NORTH
Planned Future Park
City Boundary
Sphere of Influence
3-20
EXHIBIT 3-7
JUNIPER AV JUNIPER AV
ARBORETUM
SPECIFIC PLAN
WESTGATE SUMMIT AT
ROSENA PARKS
SIERRA LAKES PARKWAY
SPORTS PARK
NORTH
FONTANA PARK
DOWNTOWN
LINEAR PARK
140
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-19
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRY AV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPA AV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
PLANNED FUTURE
SCHOOL SITES
EXHIBIT 3-8
1 0.5 0 1
Miles
NORTH
7-12 HIGH SCHOOL
CITRUS/CASA GRANDE JUNIPER AV JUNIPER AV
City Boundary
Sphere of Influence
3-21
141
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-20
3.3 Recreation Centers
Exhibit 3-9 provides a map of all the existing and proposed Community Centers in the City.
Because community centers are large facilities, they will provide a variety of services which will meet the needs of the larger segments of the community. Smaller neighborhood centers which provide program specific activities/programming for teens, seniors and other age specific facilities will be defined by population demand and located accordingly. These recreation facilities are described as follows:
Community Center: A center that has facilities large enough to offer a wide variety of programs and services such as team and individual competitive sports, year-round aquatics, computer labs, large meeting and banquet opportunities, fitness centers, etc. Generally, centers of this type service a 5 to 10-mile radius.
Neighborhood Center: A site dedicated to providing specific and targeted programming to an identified geographic service area. Programming includes concepts such as after school teen program, Tiny Tot Program and various recreation classes such as dance, martial arts and music. It should be noted that a neighborhood center is not necessarily a structure built by the City. It could be a strategically located excess school facility or a store front in a neighborhood shopping center. What the Neighborhood Center represents is a central location where program planning, sign-ups and office work for the specific neighborhood/community takes place. The programs could be implemented at any one of a multitude of other locations within the service radius.
Specialty Center: A center that is dedicated to a specific use, such as age specific (teen, senior, etc.) or program specific (fitness, nature, etc.) facilities.
142
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-21
SUMMIT AV
CHERRYAV
BASELINE AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
BEECH AV
CHERRYAV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRAAV
CITRUS AV
CHERRYAV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAYAV
BEECH AV
SIERRAAV
CITRUS AV
CHERRYAV
MULBERRYAV
ETIWANDAAV
JURUPAAV
CITRUS AV
SIERRAAV
HIGHLAND AV
EAST AV
METROLINK
SANTAANA AV
JURUPAAV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
METROLINK
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AVLINDEN AV
RIVERSIDE AV
LINDEN AV
EXHIBIT 3-9
1 0.5 0 1
Miles
NORTH
JUNIPER AV JUNIPER AV
City Boundary
Sphere of Influence
3-23
Existing Community Center * Jessie Turner Health
and Fitness Center
Heritage
Community Center
Don Day
Community Center
Mary Vagle Museum &
Nature Center
Fontana Community
Senior Center
Jack Bulik Neighborhood Center
and Josephine Knopf Senior Center
Cypress Community Center Miller
Fitness Center
EXISTING COMMUNITY
CENTERS
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City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-22
3.4 Trails & Bikeways
Trail Types: The City's off-street recreational trail system combines hiking, equestrian, and bike trails.
Such trails are primarily used for recreation, but can also be used for commuting or to provide access to community facilities, such as the Metro Link Station or schools. Dedicated bike lanes, or Class 2 bikeways, consist of a dedicated lane along the pavement edge of streets and provide an alternative to the automobile throughout the City. Pedestrian access and recreation is provided through the City’s sidewalks and hiking trails. Exhibit 3-10 shows existing and proposed trails.
Bikeway Types: The State of California categorizes bicycle facilities into four classifications according to the degree of exclusiveness with which the paths are preserved for bicycle use. The designation of bikeways as Class I, II, III, and IV should not be construed as a hierarchy of bikeways. Each class of bikeway has its appropriate application. Exhibit 3-11 provides a map of the City’s bikeway system. Exhibit 3-12 provides details on each bikeway type.
Proposed Improvements to Trails
The following proposed improvements to the trail system will link and improve existing trails and provide amenities for trail users. This list includes recommendations from the Active Transportation Plan. See Table 4.1 for cost estimates.
Recreation Trail Improvements:
• Complete the hiking/recreation trail in the Southern California Edison Utility Corridor in northern Fontana
• Construct trailheads and restrooms in strategic locations.
Bicycle Lane Improvements:
• Convert existing dirt utility road into 3-mile long Class I bike path at Southern California Edison Utility South III from Catawba Park to Locust Avenue • Convert existing dirt utility road into 3.1-mile long Class I bike path at San Bernardino County Parcel from Southern California Edison Utility North to Riverside Avenue • Convert existing dirt utility road into 1.6-mile long Class I bike path at Southern California Edison Utility North Spur I from Bridlepath Dr to Southern California Edison Utility North Spur II
• Convert existing dirt utility road into 0.5-mile long Class I bike path at Connector Path from Wilson Avenue to Southern California Edison North Spur I • Convert existing dirt utility road into 6.5-mile long Class I bike path at Southern California Edison Utility North from East Avenue to Sierra Avenue
• Provide 2.5-mile long Class I bike path, constructed adjacent to existing canal, at Sr-210 Drainage (South) from Victoria Avenue to Knox Avenue
• Provide 1-mile long Class I bike path, constructed adjacent to existing canal, at Sr-210 Drainage (North) from San Sevaine Road to Knox Avenue
• Provide 0.5-mile long Class I bike path, constructed adjacent to existing canal, as an extension of existing San Sevaine Trail from Pacific Electric Trail to Victoria Avenue • Provide 3-mile long Class I bike path, constructed adjacent to existing the Metrolink rail from Catawba Avenue to Maple Avenue
• Provide 2.5-mile long Class I bike path, constructed adjacent to existing canal, at San Sevaine Trail (South) from Philadelphia Avenue to 1-10 Freeway • Convert existing dirt utility road into 0.8-mile long Class I bike path at Southern California Edison Utility South I from San Sevaine Trail to Rancherias Dr 144
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-23
• Convert existing dirt utility road into 1.1-mile long Class I bike path at Southern California Edison Utility South II from Live Oak to Poplar Avenue
• Provide 2-mile long Class II bikeway at Sierra Avenue (Central) from Baseline Avenue to Merrill Avenue
• Provide 4.5-mile long Class II bikeway at Valley Boulevard from Banana Avenue to Alder Avenue
• Provide 2.5-mile long Class II bikeway via Road Diet (4 to 3 lane conversion) at Alder Avenue (North) from Baseline Avenue to Randall Avenue • Provide 1.1-mile long Class II bikeway at Cypress Avenue (South) from Slover Avenue to Southern California Edison Utility Path
• Provide 1-mile long Class II bikeway via Road Diet (4 to 3 lane conversion) at Juniper Avenue (Central) from Foothill Avenue to Merrill Avenue • Provide 3.25-mile long Class II bikeway at Jurupa Av from Etiwanda Avenue to Like Oak Avenue
• Provide 3-mile long Class II bikeway at Merrill Avenue from Catawba Avenue to Maple Avenue
• Provide 4.25-mile long Class II bikeway via Road Diet (4 to 3 lane conversion) at Miller Avenue from Beech Avenue to Maple Avenue
• Provide 0.5-mile long Class II bikeway at Fontana Avenue from Merrill Avenue to Randall Avenue
• Provide 1.7-mile long Class II bikeway at Highland Avenue from Know Avenue to Highland Avenue
• Provide 0.3-mile long Class II bikeway at Live Oak Avenue from Jurupa Avenue to Fernwood Way
• Provide 1-mile long Class II bikeway at Mulberry Avenue from Jurupa Avenue to Philadelphia Avenue • Provide 1.75-mile long Class II bikeway at Poplar Avenue (South) from Boyle Street to Beech Avenue
• Provide 2.75-mile long Class II bikeway at Randall Avenue from Lime Avenue to Palmetto Avenue
• Provide 2.75-mile long Class II via Road Diet (4 to 3 lane conversion) at San Bernardino Avenue from Fontana Avenue to Alder Avenue
• Provide 5.3-mile long Class II bikeway at Santa Ana Avenue from Mulberry Avenue to Tamarind Avenue • Provide 1-mile long Class II bikeway at Sierra Avenue from Jurupa Avenue to Philadelphia Avenue
• Provide 4.5-mile long Class II bikeway at Slover Avenue from San Sevaine Trail to Sierra Avenue
• Provide 1-Mile long Class II bikeway at Mango Avenue (Central) from Foothill Boulevard to Merrill Avenue
• Provide 1.2-Mile long Class III bikeway at Almeria Avenue from Baseline Avenue to Pacific Electric Trail
• Provide 2.75-Mile long Class III bikeway at Cypress Avenue (North) from Highland Avenue to Valencia Avenue
• Provide 2.5-Mile long Class III bikeway at Juniper Avenue (Central) from Baseline Avenue to San Bernardino Avenue
• Provide 0.5-Mile long Class III bikeway at Mango Avenue (Central) from Merrill to Randall Avenue
• b
145
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-24
• Provide 1-Mile long Class III bikeway at Lime Avenue from Baseline Avenue to Foothill Boulevard • Provide 0.06-Mile long Class III bikeway at Meyer Canyon Road from E Liberty Parkway to Cherry Avenue
• Provide 0.5-Mile long Class III bikeway at Miller Avenue from Plumaria Avenue to Beech Avenue
• Provide 1-Mile long Class III bikeway at Mulberry Avenue from Slover Avenue to Jurupa • Provide 1.25-Mile long Class III bikeway at Oleander Avenue (North) from Miller Avenue to Orange Way
• Provide 1.6-Mile long Class III bikeway at Oleander Avenue (Central) from Ceres Avenue to Valley Boulevard
• Provide 0.75-Mile long Class III bikeway at Oleander Avenue (South) from Railroad to Santa Ana Avenue
• Provide 2.75-Mile long Class III bikeway at Palmetto Avenue from Miller Avenue to Marygold Avenue • Provide 1-Mile long Class III bikeway at Poplar Avenue (Central) from Randall Avenue to Valley Avenue
• Provide 0.08-Mile long Class III bikeway at Roanoke Road from E Liberty to Cherry Avenue • Provide 0.75-Mile long Class IV bikeway at Slover Avenue from Sierra Avenue to Tamarind Avenue
• Provide 2-Mile long Class IV bikeway at Sierra Avenue (South) from Slover Avenue to Jurupa Avenue
• Provide 2.6-Mile long Class IV bikeway at Jurupa Avenue from Live Oak Avenue to Sierra Avenue
• Provide 1.2-Mile long Class IV bikeway at Citrus Avenue (South) from Slover Avenue to Jurupa Avenue
Over/Under Passes to the proposed 210 Freeway:
• Support the hiking/biking trail connection through the 210 Freeway underpass at San Sevaine Road, connecting the north and south sides of the Southern California Edison Utility Corridor Trail
Other Over/Under Passes:
• Work closely with the Bureau of Reclamation's San Sevaine Creek joint-use trail to connect at grade or with a grade-separated crossing on the Metrolink right-of-way Recreation Trail Amenities:
• Staging areas and parking
• Signage and maps
• Benches
• Drinking Fountains
Bicycle Lane Amenities:
• Provide street sweeping maintenance of bike lanes and street intersections • Push buttons at signalized intersections
146
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-25
NORTH
RECREATION TRAILS
EXHIBIT 3-10
City Boundary
Sphere of Influence
3-25
Crossings
Proposed Trails
ExistingTrails
Highland Channel
SCE Utility Corridor
SCE Utility Corridor
San Sevaine Creek Channel/
Etiwanda Channel
Jurupa Hills Trail
Frontline Trail
JUNIPER AV JUNIPER AV
SUMMIT AV
CHERRY AV
BASELINE AV
MAPLE AV
ALDER AV
SIERRA AV
CITRUS AV
BEECH AV
CHERRY AV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRA AV
CITRUS AV
CHERRY AV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAY AV
BEECH AV
SIERRA AV
CITRUS AV
CHERRY AVMULBERRY AV
ETIWANDA AV
JURUPA AV
CITRUS AV
SIERRA AV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPA AV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I-15 FREEWAY
SOUTH HIGHLAND AV
SUMMIT AV
I-15 FREEWAY
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
0.7 0.35 0 0.7
Miles
METROLINK
Hawker Crawford
Pacific Electric Inland Empire Trail
147
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-26
SUMMIT AV
CHERRY AV
BASELINE AV
MAPLE AV
ALDER AV
CHERRY AV
ARROW BLVD
FOOTHILL BLVD
BEECH AV
MAPLE AV
ALDER AV
SIERRA AV
CITRUS AV
CHERRY AV
MERRILL AV
SAN BERNARDINO AV
SANTAANAAV
SLOVER AV
VALLEY BLVD
MARLAY AV
BEECH AV
SIERRA AV
CITRUS AV
CHERRY AVMULBERRY AV
ETIWANDA AV
JURUPA AV
HIGHLAND AV
EAST AV
METROLINK
SANTAANAAV
JURUPA AV
SAN BERNARDINO AV
ARROW BLVD
FOOTHILL BLVD
BASELINE AV
I-10 FREEWAY I-10 FREEWAY
VALLEY BLVD
SLOVER AV
I FR
SOUTH HIGHLAND AV
I-15 FREEWAY
UNION PACIFIC RR
RANDALL AV
SUMMIT AV
EAST AV
ALDER AV
LINDEN AV
RIVERSIDE AV
LINDEN AV
0.7 0.35 0 0.7
Miles
METROLINK
NORTH
EXISTING AND PROPOSED
BIKEWAY SYSTEM
EXHIBIT 3-11
City Boundary
Sphere of Influence
3-26
Crossings
Class III (Route)
Class II (Lane)
Class I (Path)
Proposed
Class IV (Route)
Existing
SUMMIT AV CITRUS AV
SIERRA AV SIERRA AV
CITRUS AV
JUNIPER AV
BEECH
JUNIPER AV
AV
-15 EEWAY
148
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-27
EXHIBIT 3-12
BIKEWAY TYPES
149
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-28
EXHIBIT 3-12 (CONT)
BIKEWAY TYPES
150
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-29
EXHIBIT 3-12 (CONT)
BIKEWAY TYPES
151
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-30
3.5 Parks & Facilities Standards Analysis
Parks Standards Analysis
Section 66477 of the Government Code known as the “Quimby Act” requires developers to provide land and/or fees for new parks based on a standard of 3-5 acres of neighborhood and community park land per 1,000 residents. The 2015-2035 General Plan calls for a park acreage standard of 5 acres per 1,000 residents: 2 acres for community parks and 3 acres for neighborhood parks.
After a thorough analysis of the park system in its entirety and information gathered from a recent survey of the residents, a needs analysis was generated and broken into four separate categories:
1. Expansion of existing parks and recreation centers
2. Improvements to existing City Parks and joint use facilities
3. Development of new parks in the City and its Sphere of Influence
4. Development of recreational trails and open space
The Parks, Recreation, & Trails Master Plan 2023 Update needs analysis suggests the building of one (1) additional community center in the Southern third of the City; several upgrades to existing parks; and the construction of approximately 62 acres of trail.
In order to meet the needs, it is recommended that Policy 2.1 of the General Plan be amended to allocate 3 acres of developed parkland and 2 acres of open space per 1,000 population. This will provide the city with a well-balanced park system that will meet the needs of the community well into the future and keep pace with the rapidly growing diverse community. It is estimated that with the inclusion of a 25% credit for Joint/Exclusive Use facilities shared with school district for existing school property and the desire to partner with the districts to help fulfill the need for amenities in the underserved areas, along with a 25% credit for private parks within gated communities, the City will exceed the Quimby goal of 5 acres per 1,000 population adopted by City Council in the 2015-2035 General Plan.
For the purposes of this document, Open Space shall mean: Outdoor recreation areas, including areas of scenic, historic and cultural value; land currently used for/or particularly suited for parks and recreation; linkages between important recreational areas. Utility easements that can be deeded to the public in perpetuity may be included as open space subject to the review and approval of the City Council. Any property subject to the hillside ordinance may be given partial credit subject to the review and approval of the City Council. Open space shall not include areas of land that have a primary purpose for another use such as landscape and building setbacks, any property within public right of way, or public utility easements.
Facility Standards Analysis
With regard to types of facilities within parks, the 2015-2035 General Plan states that no single set of accepted standards exist, partly due to the diverse needs of different communities. The facilities from other regional cities were reviewed in January 8, 2019 to gain regional insight into park and recreation demand (Table 3.3). Among these cities were Corona, Ontario, Rancho Cucamonga and Rialto. These cities were chosen because of their geographic proximity to Fontana and demographic profile.
3.6 Summary of Citizen Survey
152
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-31
TABLE 3.3
COMPARISON OF EXISTING INVENTORY TO OTHER CITIES
City of Fontana Parks, Recreation,Trails Master Plan 2019 Update Table 3-3
Comparison of Surrounding Cities
Factor Fontana Corona* Ontario*
Rancho
Cucumonga* Rialto*
Population 211,815 167,836 175,841 177,452 103,562
Total Park Acreage 1,073 364 187 323 107
Community Park Acreage 978 226 143 155 101
Neighborhood Park Acreage 95 124 44 162 35
Community Center Sq. Ft. 77,748 25,768 83,300 121,384 34,000 Pools 7 9 4 4 1
Aquatic Centers 4 1 1 0 1
Skate Parks 2 2 0 1 2
Roller Hockey 4 1 0 0 0
Lit Baseball Fields 32 1 19 13 13 1 11 1
Unlit Baseball Fields 4 1 14 3 12 12 1 3 1
Lit Muti-purpose Fields 20 2 9 4 8 2 5 2
Unlit Multi-purpose Fields 4 2 5 3 2 2 11 2
Gymnasiums (city) 1 1 2 0 1
Libraries 3 1 2 2 2
Library Sq. Ft. 112,500 82,500 72,000 34,800 10,000+
Notes:
* Data collected through phone interviews with City staff 1 - Includes softball fields
2 - Includes soccer and football fields
3 - Practice fields
4- 3 libraries are in the Sphere of Influence
5 - Unused facility
6 - HOA Pools
7 - School Facilities
reviewed and changed
reviewed, did not change
3-28
153
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-32
The following is an outline of the main factual findings from the survey. For the reader’s convenience, we have organized the findings according to the section titles used in the body of this report. Thus, to learn more about a particular finding and how it may compare to findings from prior surveys (where applicable), simply turn to the appropriate report section in Appendix B of this document.
Quality of Life
A clear majority of respondents shared favorable opinions of the quality of life in Fontana, with 13% reporting it is ‘excellent’ and 51% stating it is ‘good’. Approximately three-in-ten residents (31%) indicated that the quality of life in the City is ‘fair’, and just 7% of residents used ‘poor’ or ‘very poor’ to describe the quality of life in Fontana.
When asked what local government could do to improve the quality of life in Fontana now and in the future the most common specific responses to this question were improving streets, roads, and sidewalks and cleaning up/beautifying the City and landscaping (11% each), followed by improving public safety and reducing crime and drugs (9%), addressing homeless issues (7%), and adding/improving parks and recreation facilities (7%).
Parks and Open Space Areas
Eighty-two percent (82%) of respondents reported that at least one member of their household had visited a city park in the 12 months prior to the interview.
The frequency of visits to parks and open space areas was also high. Close to three-in-ten residents (29%) reported that their household visits a park or open space area in Fontana at least once per week, and an additional 19% stated that they visit a park two to three times per month.
Among those who could recall the names of the parks and open space areas they visit most often, Fontana Park was mentioned most frequently (23%), followed by Jack Bulik Park (14%), Veterans Park (13%), Almeria Park (12%), Jurupa Hills Regional Park (10%), and Hunter’s Ridge Park (10%). Other parks and open space areas cited by at least 7% of residents included Coyote Canyon Park (9%), Miller Park (9%), Ralph Lewis Sports Complex (9%), Bill Martin Park (8%), Southridge Park (8%), and Heritage Park (7%).
Recreation and Community Facilities
Forty-four percent (44%) of respondents reported that at least one member of their house-hold had visited a community center or recreation facility in the 12 months prior to the inter-view.
Over a quarter of visitors (26%) utilized a community center or recreation facility at least once per month and 18% visited less frequently than once per month.
Jessie Turner Community Center was the facility visited most frequently (44%), followed by Fontana Park Aquatic Center (30%), Don Day Community Center (14%), Fontana Community Senior Center (11%), Mary Vagle Nature Center (8%), and Jack Bulik Neighborhood Center (7%).
Over one-quarter of respondents indicated that they did not have an opinion or were unwilling to comment on the overall quality, safety, and/or appearance of Fontana’s community centers and recreation facilities. Among those with an opinion, however, the assessments were decidedly positive. The proportion of respondents who provided a rating of excellent or good was highest for the appearance of the facilities (58%), followed by the overall quality (55%) and safety (55%). 154
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update 3-33
Perceived Needs
When asked to rate how well the existing parks and recreation facilities in Fontana perform in meeting their household’s recreation needs, 14% provided a rating of excellent and 44% provided a rating of good. An additional 26% indicated that the parks and recreation facilities do a fair job of meeting their household’s recreation needs. Overall, just 7% used poor or very poor to describe how well their needs are being met by the existing inventory, and 10% were unsure or unwilling to state their opinion.
Sixty percent (60%) of all respondents indicated that there were improvements they would like made to parks and open space areas in Fontana.
Just over one-quarter (26%) of all respondents indicated that there were improvements they would like made to community centers and recreation facilities in Fontana.
The most commonly suggested improvement with respect to community centers and recreation facilities was updating buildings and equipment (17%), followed by improving security/safety (13%), cleaning/ beautifying facilities (12%), greater variety of classes (11%), providing more facilities (9%), and more activities/programs for kids (8%).
When asked to prioritize among a list of projects and improvements that the City is considering. 155
4-1
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update Section 4: Funding Summary
4.1 Development Components and Capital Costs
Table 4.1 summarizes the development costs associated with the proposed improvements at each park site. The total capital cost of the recommended improvements is $213.2 million dollars based on 2023 costs. The breakdown of this total by major category is as follows:
Improvements to Existing Parks $45.0 million
New Community Facilities $28.1 million
New Trail Improvements/Amenities $20.2 million
New Park Development $56.5 million
New Bike Lanes (per the ATP) $63.4 million
Total $213.2 million
Given the large capital investment needed to implement the recommended improvements, it is clear that the proposed facility development would need to be phased, in order to spread the costs over a reasonable period of time. Prioritization of improvements was established after careful consideration of the following information:
1. New parks, to be developed over the longer-term, should be phased based on the future facility needs suggested by anticipated population growth and the geographic locations and expected timing of known residential plans in the City. 156
4-2
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update TABLE 4.1
CAPITAL COSTS
I. Park Improvements (Existing Parks)
Construction Costs A&E Costs Total Costs Priority Level Almeria Park $385,000
2 new ADA inclusive Playground Structures $350,000 $35,000 High Cambria Park $605,000
Playground Shade Structure $150,000 $15,000 High
New ADA Inclusive Playground Structure $250,000 $25,000 Low New Park Gazebo $150,000 $15,000 Low
Catawba Park $440,000
New Restrooms $300,000 $30,000 High
Resurface Parking $100,000 $10,000 Low
Chaparral Park $753,500
Shelter Roof Renovation $85,000 $8,500 Moderate
New Restroom $300,000 $30,000 High
New ADA Inclusive Playground w/ shade Structure $300,000 $30,000 Moderate Condor Park $165,000
Full coverage playground shade structure $150,000 $15,000 Moderate Coyote Canyon Park $1,419,000
Add shade at ballfield dugouts (6) $150,000 $15,000 High New ADA Inclusive Playground Structure $250,000 $25,000 Low Replace rubber playground safety surfacing $80,000 $8,000 Low Add shade for ballfield spectator areas (6) $360,000 $36,000 Low Ballfield Score Boards (3) $450,000 $45,000 Moderate
Fiesta Park $412,500
Playground Shade Structure $100,000 $10,000 High
Replace rubber playground safety surfacing $75,000 $7,500 High New ADA Inclusive Playground Structure $200,000 $20,000 Low Fontana Park $330,000
Shaded spectator areas for the pool deck (2) $300,000 $30,000 Low Dr. Charles Koehler Park $572,000
ADA Playground w/ shade & Improvements $400,000 $40,000 Moderate Resurface Parking Lot $120,000 $12,000 Low
Heritage Circle Park $731,000
Security Lighting $200,000 $20,000 High
Renovate Restroom $150,000 $15,000 High
Fitness Trail $200,000 $36,000 Moderaate
New Park Gazebo $100,000 $10,000 High
Heritage Tot Lot West $385,000
Playground Shade Structure $100,000 $10,000 High
New ADA Inclusive Playground Structure $250,000 $25,000 Low Hunter's Ridge $632,500
Snack Bar Roof Improvement $100,000 $10,000 Moderate
Resurface Parking Lot $120,000 $12,000 Low
Add Shade at Ballfield Dugouts (2) $30,000 $3,000 High
Full Coverage Playground Shade Structure $150,000 $15,000 Low Add shade for ballfield spectator areas (2) $175,000 $17,500 Low Martin Tudor Regional Park $3,135,000
Park Rehabilitation $450,000 $45,000 High
Resurface Parking Lot $100,000 $10,000 High
Sewer Extension $300,000 $30,000 High
Playground Shade Structure $150,000 $15,000 High
Replace rubber playground safety surfacing $100,000 $10,000 High New ADA Inclusive Playground Structure $250,000 $25,000 High Bicycle Pump Track Action Park $1,500,000 $150,000 High Jurupa Hills Open space Park $330,000
Hillside Stabilization above the splash Pad $200,000 $20,000 Low Wilderness Trails $100,000 $10,000 Moderate
157
4-3
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update TABLE 4.1 (CONT)
CAPITAL COSTS
Mary Vagle Museum and Nature Center $165,000
Resurface Existing Parking Lot $150,000 $15,000 High
McDermott Sports Park $385,000
Playground Shade Structure $150,000 $15,000 High
ADA Playground Structure $200,000 $20,000 High
McDermott Soccer Park $2,787,500
Replace Fence $225,000 $22,500 High
Resurface Parking Lot $150,000 $15,000 Low
Shade Structures $250,000 $25,000 Moderate
Artifical Turf $2,000,000 $100,000 Low
Miller Park $20,460,000
New outdoor pool facility $2,500,000 $250,000 Low
New Indoor Pool Facility $400,000 $40,000 Low
Gymnasium with two indoor basketball courts Courts $15,000,000 $1,500,000 Low Indoor racketball courts $300,000 $30,000 Low
Amphitheature seating with Dance Area $400,000 $40,000 Low North Heritage Park $687,500
Playground Shade Structure $150,000 $15,000 High
Replace rubber playground safety surfacing $75,000 $7,500 High New ADA Inclusive Playground Structure $250,000 $25,000 Low Lighting $150,000 $15,000 High
North Tamarind Park $110,000
ADA sidewalk improvements $100,000 $10,000 High
Oak Park $825,000
Restroom Improvement $150,000 $15,000 High
Security Lights $150,000 $15,000 High
Shelter Roof $50,000 $5,000 Moderate
Playground Shade Structure $150,000 $15,000 Moderate
New ADA Inclusive Playground Structure $250,000 $25,000 Moderate Patricia Marrujo Park $770,000
Playground Shade Structures (2) $200,000 $20,000 Moderate New ADA Inclusive Playground Structure $250,000 $25,000 Moderate New Park Gazebos (2) $250,000 $25,000 Moderate
Patricia Murry Park $550,000
Playground Shade Structure $100,000 $10,000 High
New ADA Inclusive Playground Structure $250,000 $25,000 Moderate New Park Gazebo (2) $150,000 $15,000 Moderate
Ralph M. Lewis Park $704,000
New Football Goal Posts with Catch Net Systems(8) $640,000 $64,000 High Rosena East Park $1,210,000
Playground Shade Structures (2) $400,000 $40,000 High
New Park Gazebo $100,000 $10,000 Low
New ADA Inclusive Playground Structures (2) $600,000 $60,000 Low Rosena West Park $528,000
Playground Shade Structure $150,000 $15,000 High
Replace rubber playground safety surfacing $80,000 $8,000 High New ADA Inclusive Playground Structure $250,000 $25,000 Low San Sevaine $715,000
Resurface Parking Lot $200,000 $20,000 Low
Full Coverage Playground Shade Structure $150,000 $15,000 Low Upgrade Existing Park Exercise Equipment $150,000 $15,000 Low New Park Gazebo $150,000 $15,000 Low
Seville Park $880,000
Resurface Parking Lot $100,000 $10,000 Low
Remove the old amphitheater and stage $150,000 $15,000 Low New Pickle Ball Courts (4) $400,000 $40,000 Low
ADA sidewalk improvements $150,000 $15,000 Low
Shadow Park $440,000
Playground Shade Structure $150,000 $15,000 Moderate
New ADA Playground Improvements $250,000 $25,000 Moderate 158
4-4
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update TABLE 4.1 (CONT)
CAPITAL COSTS
Southridge Park and Don Day Community Center $715,000
Resurface Existing Parking Lot $100,000 $10,000 Low
Shade for Ballfield Spectator Areas (4) $300,000 $30,000 Low New ADA Inclusive Playground Structure $250,000 $25,000 Low Sycamore Hills Park $605,000
Playground Shade Structure (2) $300,000 $30,000 High
New ADA Inclusive Playground Structure $250,000 $25,000 High Village Park $1,630,000
Playground Shade Structure $150,000 $15,000 High
Replace roof on Park Gazebo $100,000 $10,000 High
Shade for Ballfield Spectator Areas (4) $250,000 $25,000 High New ADA Inclusive Playground Structure $250,000 $25,000 Moderate Expand Parking $250,000 $25,000 Moderate
ADA sidewalk improvements $50,000 $150,000 Moderate
Ballfield Score Boards(3) $300,000 $30,000 Moderate
VOH Pool Facility $330,000
Spectator Shade Structure (2) $300,000 $30,000 High
General Park Camera Based Security for Parks $165,000
Annual Security up grades to parks $150,000 $15,000 High $40,815,000 $4,142,500 $44,957,500
159
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City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update TABLE 4.1 (CONT)
CAPITAL COSTS
II. New Community Facilities
Sq. Ft. Construction
Costs A&E Costs Total Costs Priority Level
$650.00 /SF
Renovated Don Day Community Center $28,080,000
40,000 $26,000,000 $2,080,000 Moderate
$28,080,000
4-2
IV. New Parks
Acres Land Costs Construction
Costs A&E Costs Total Costs Priority Level
$600,000 /Acre $750,000 /Acre
Arboretum Parks $7,722,000
13 $7,150,000 $572,000 Moderate
Downtown Linear Park on P.E. Trail $1,603,800
2.7 $1,485,000 $118,800 Moderate
Sierra Lakes Sports Park $35,820,000
30 $18,000,000 $16,500,000 $1,320,000 Moderate
Westgate Parks $11,309,760
19.04 $10,472,000 $837,760 Moderate
$56,455,560
III. Recreation Trails
Acres Construction
Costs A&E Costs Total Costs Priority Level
$450,000 /Acre
Hiking and Biking Trails (12" Wide)
Sec Utility Corridor 8.73 $3,928,500 $392,850 $4,321,350 Low Joint Use Trail (27' Wide)
San Sevaine Creek Channel 33.71 $15,169,500 $758,475 $15,927,975 Low $20,249,325
160
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City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update TABLE 4.1 (CONT)
CAPITAL COSTS
V. Bicycle Lanes
Construction
Costs
Class l Shared- Use Paths
San Bernardino County Parcel from Southern California Edison Utility North to Riverside Avenue $6,999,900 Southern California Edison Utility North Spur I from Bridlepath Dr to SCE Utility North Spur II $3,566,800 Connector Path from Wilson Avenue to Southern California Edison Utility North Spur I $1,114,600 Southern California Edison Utility North from East Avenue to Sierra Avenue $14,490,200 SR-210 Drainage (South) from Victoria Avenue to Knox Avenue $5,528,600 SR-210 Drainage (North) from San Sevaine Road to Knox Avenue $2,229,300 Metrolink Trail from Catawba Avenue to Maple Avenue $6,754,600 San Sevaine Trail (South) from Philadelphia Avenue to 1-10 Freeway $5,573,100 Southern California Edison Utility South I from San Sevaine Trail to Rancherias Dr $1,783,400 Southern California Edison Utility South II from Live Oak Avenue to Poplar Avenue $2,452,200 Southern California Edison Utility South III form Catawba Park to Locust Avenue $6,687,800 Class ll Bike Lanes
Sierra Avenue (Central) from Foothill Blvd, to Merrill Ave. $237,500 Valley Boulevard from Banana Avenue to Alder Avenue $534,400 Alder Avenue (North) from Baseline Avenue to Randall Avenue $299,300 Cypress Avenue (South) from Slover Avenue to Southern California Edison Utility Path $59,400 Juniper Avenue (Central) from Foothill Avenue to Merrill Avenue $118,800 Jurupa Avenue from Etiwanda Avenue to Like Oak Avenue $386,000 Merrill Avenue from Catawba Avenue to Maple Avenue $356,300 Miller Avenue from Beech Avenue to Maple Avenue $447,700 Fontana Avenue from Merrill Avenue to Randall Avenue $45,100 Highland Avenue from Knox Avenue to Highland Avenue $198,300 Live Oak Avenue from Jurupa Avenue to Fernwood Way $35,600 Mulberry Avenue from Jurupa Avenue to Philadelphia Avenue $120,000 Poplar Avenue (South) from Boyle St to Beech Avenue $207,800 Randall Avenue from Lime Avenue to Palmetto Avenue $326,600 San Bernardino Avenue from Fontana Avenue to Alder Avenue $330,200 Santa Ana Avenue from Mulberry Avenue to Tamarind Avenue $629,400 Sierra Avenue from Jurupa Avenue to South City Border $117,600 Slover Avenue from San Sevaine Trail to Sierra Avenue $534,400 Mango Avenue (Central) from Foothill Boulevard to Merrill Avenue $118,800 Class III Bike Lanes
Almeria Ave from Baseline Ave to Pacific Electric Trail $19,500 Cypress Ave (North) from Highland Ave to Valencia Ave $44,900 Juniper Ave (Central) from Baseline Ave to San Bernardino Ave $16,600 Mango Ave (Central) from Merrill Ave to Randall Ave $8,100 Lime Ave from Baseline Ave to Foothill Blvd $16,600
Meyer Canyon Rd from E Liberty Pkwy to Cherry Ave $1,500 Miller Ave from Plumaria Ave to Beech Ave $810
Mulberry Ave from Slover Ave to Jurupa Ave $16,300
Oleander Ave (North) from Miller Ave to Orange Way $20,300 Oleander Ave (Central) from Ceres Ave to Valley Blvd $2,600 Oleander Ave (South) from railroad to Santa Ana Ave $11,900 Palmetto Ave from Miller Ave to Marygold Ave $44,700
Poplar Ave (Central) from Randall Ave to Valley Ave $16,300 Roanoke Rd from E Liberty to Cherry Ave $1,300
S Heritage Circle from Baseline Ave to Baseline Ave $11,400 Class IV Separated Bikeways
lover Ave from Sierra Ave to Tamarind Ave $103,900
Sierra Ave (South) from Slover Ave to Jurupa Ave $278,400 Jurupa Ave from Live Oak Ave to Sierra Ave $360,100
Citrus Ave (South) from Slover Ave to Jurupa Ave $166,200 $63,425,110
The following Information Is a part of the 2023 City of Fontana Active Transportation Plan recommendations. 161
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City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update TABLE 4.1 (CONT)
CAPITAL COSTS
Vl. Total
Total Costs
$45,835,000
$28,080,000
$20,249,325
$56,455,560
Bike Lanes $63,425,110
$214,044,995
Park Improvements (Existing Parks)
Community Facilities
Recreation Trails
New Parks
162
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-1
1. Almeria Park 8.1 acres
Almeria is a small neighborhood park located on the northwest corner of Almeria and Baseline Avenue.
Amenities include:
• Benches
• Drinking fountains
• Group barbeque area
• Picnic areas
• Picnic shelters
• Picnic tables
• Covered play area with apparatus
• Covered tot lot
• Restroom facility
• Security lighting
• Signage
• On-site parking with an ADA accessible space
Appendix A: EExisting xisting Park IInventory nventory
163
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-2
2. Bill Martin Park 15.6 acres
Bill Martin Park is a community park located two blocks north of Foothill Blvd, between Juniper and Cypress Avenue. Bill Martin Park is located north of Cypress Community Center and Josephine Knops Senior Center.
Amenities include:
• Benches
• Barbeque braziers
• Bicycle racks
• Buildings
• Drinking fountains
• Equipment/maintenance storage areas
• Trails
• Lighted full-court basketball courts
• Lighted little league fields
• Lighted senior baseball diamond field
• Concession stand
• Picnic shelters
• Picnic tables
• Play area with apparatus
• Tot lot
• Restroom facilities
• Security lighting
• Signage throughout the site
• On-site parking with ADA accessible spaces
164
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-3
3. Cambria Park 2.5 acres
Cambria is a small neighborhood park consisting mostly of open lawn area. The park is located in northeast Fontana on the north side of Cambria Avenue and one block east of Mango Avenue.
Amenities include:
• Benches
• Play area with apparatus
• Drinking fountain
• Trail
• Security lighting
165
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-4
4. Carmela Park 0.4 acres
Carmela Park is a small neighborhood park located on Juniper Avenue and Bruno Lane.
Amenities include:
• Benches
• Barbeque braziers
• Picnic Tables
• Play area with apparatus
• Signage
166
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-5
5. Catawba Park 14.4 acres
This neighborhood park is located in south Fontana in the Southridge Village community off of Catawba Place, and in between Poplar Avenue and Citrus Avenue. Most of the park is developed within a transmission line right-of-way
Amenities include:
• Benches
• Open turf fields
• Tennis courts
• Trails
• Barbeque braziers
• Picnic tables
• Drinking fountain
• Restroom facilities
• On-site parking with ADA accessible spaces
167
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-6
6. Central City Park with Cypress Community Center 17 acres The Central City Park with Cypress Community Center site is located between Cypress Avenue and Oleander Avenue, and directly north of the Pacific Electric Trail and across the street from Seville Park.
The park site is dedicated to a sports facility that is mainly utilized for football and soccer games. The neighborhood center accommodates both indoor and outdoor activities and oversees the Seville Park Amphitheater.
Amenities include:
• Synthetic turf soccer field
• Football fields with soccer overlays
• Lighting for fields
• Community garden
• Horseshoe pits
• Trails
• ADA accessible playground
• Concession stands
• Storage buildings
• Restroom facilities
• Benches
• Drinking fountains
• Bike rack
• Picnic Shelters
• Picnic tables
• Multipurpose room with a stage
• Classroom spaces
• Kitchen
• Josephine Knopf Center with an adjacent
outdoor area
• Lawn
• Security lighting
• Monument sign
• On-site parking with ADA accessible spaces
168
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-7
7. Chaparral Park 10.3 acres
This neighborhood park is located in southwest Fontana in the community of Southridge Village off of Rancherias Drive, and adjacent to the Chaparral Elementary School. Chaparral Park is located primarily within a transmission line right-of-way.
Amenities include:
• Baseball field
• Play area with apparatus
• Picnic shelter
• Drinking fountain
• Accessible restroom facility
• Group barbeque area with picnic tables
• Benches
• Barbeque braziers
• Trails
• Security lighting
169
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-8
8. Condor Park 1.0 acre
This small neighborhood park is located off of Condor Avenue and Terra Vista Drive in North Fontana, just south of the I-15 Freeway.
Amenities include:
• Benches
• Bike rack
• Restroom facility
• Covered barbeque areas
• Group picnic shelter
• Picnic tables
• Barbeque braziers
• Covered play area with apparatus
• Half-court basketball court
• Security lighting
• Signage
• On-site parking with an ADA accessible space
170
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-9
9. Coyote Canyon Park 15.5 acres
Coyote Canyon Park is a small community park located North of Fontana Park and North of Summit Avenue between the I-15 Freeway just South of Duncan Canyon Road.
Amenities include:
• Concession stand
• Lighted Little League Fields
• Covered play area with apparatus
• Trails
• Picnic shelters
• Covered group picnic area
• Picnic tables
• Barbeque braziers
• Trail
• Bike rack
• Bleachers
• Benches
• Drinking fountains
• Restroom facility
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
171
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-10
10. Dr. Charles A. Koehler Park 10 acres
This neighborhood park is located in north Fontana at the intersection of Beech Avenue and Walnut Street
Amenities include:
• Baseball backstop
• Multi-purpose playing field
• Lighted basketball courts
• Lighted tennis courts
• Play sets on rubberized play surface
• Shelter
• Accessible restroom facility
• Barbeque braziers
• Benches
• Bike rack
• Trail
• Picnic tables
• On-site parking with ADA accessible spaces
172
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-11
11. Fernandez Park 2.3 acres
Fernandez park is a neighborhood park located on the northwest corner of Locust Avenue and Miller Avenue on the eastern side of Fontana, just above Foothill Boulevard.
Amenities include:
• Trail
• Play area with apparatuses
• Picnic shelter
• Restroom facility
• Benches
• Picnic tables
• Barbeque brazier
• Drinking fountain
• Open turf areas
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
173
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-12
12. Fiesta Park 1.3 acres
Fiesta Park is a small neighborhood park located on the corner of Volante Drive and La Vesu Road and is in close proximity to the Martin Tudor Jurupa Hills Regional Park. The nearest cross streets are Jurupa Avenue and Sierra Avenue.
Amenities include:
• Trail
• Barbeque braziers
• Benches
• Bicycle rack
• Drinking fountain
• Picnic tables
• Tot lot
• Security lighting
• Signage
174
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-13
13. Fontana Park 38.0 acres
This community park with indoor and outdoor activities is located on Summit Avenue in north central Fontana.
Amenities include:
• Trails
• Indoor gymnasium with full-court basketball
courts
• Classroom space
• Accessible restrooms
• Lounge
• Offices
• Kitchen
• Senior center
• Aquatic center
• Concession stands
• Lawn areas
• Barbeque braziers
• Picnic shelter
• Picnic tables
• Group barbeque area
• Group picnic area
• Benches
• Drinking fountains
• Bike racks
• Skate/BMX park
• Roller hockey rink
• Dog park
• Landscaped promenade
• Children’s play area
• Restroom facilities
• Maintenance and equipment storage
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
175
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-14
14. Fontana Sports Park 18.2 acres
This community Sports park is Located at the corner of Santa Ana Avenue and Cypress Avenue in south Fontana. The park includes Soccer and Football overlayed synthetic sports fields. The park includes measured walking paths, exercise pavillion and well as a concession and restroom combination building.
Amenities include:
• Trails
• Synthetic Sports Fields
• Accessible restrooms
• Concession stand
• Lawn areas
• Picnic tables
• Group picnic area
• Benches
• Drinking fountains
• Bike racks
• Landscaped promenade
• Children’s play area
• Restroom facilities
• Maintenance and equipment storage
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
176
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-15
14. Gabriella Park 1.3 acres
This neighborhood park is located on the corner of San Jacinto Avenue and Sleepy Creek, just to the east of Sierra Avenue and south of Baseline Avenue.
Amenities include:
• Play area with apparatuses
• Picnic tables
• Barbeque brazier
• Lawn area
• Benches
• Drinking fountain
• Shade structures
• Dog park
• Security lighting
• Signage
177
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-16
15. Heritage Circle Park 3 acres
This small neighborhood park is located in the middle of East Heritage Village on Caryn Circle. Laid out on a circular parcel, this park is mostly open lawn area with a grove of shade trees planted in the north end.
Amenities include:
• Play area with apparatuses
• Picnic tables
• Accessible restroom facility
• Lawn area
• Benches
• Drinking fountain
• Trail
• Restroom facility
• Security lighting
• Signage
178
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-17
16. Heritage Village East Tot Lot 0.5 acres
East Tot Lot is located on East Constitution Way, just south of East Heritage Elementary School in the Heritage Community Center area. The nearest major cross streets are Foothill Boulevard and Cherry Avenue. East Tot Lot is a half-circle space, partially enclosed by low railing at the front and a low wall at the rear.
Amenities include:
• Concrete pathway
• Tot lot
• Benches
• Drinking fountain
• Bike rack
• Signage
179
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-18
17. Heritage Village West Tot Lot 0.5 acres
Tot Lot A is located on West Constitution Way, just south of West Heritage Elementary School in the Heritage Community Center area. The site is north of Foothill Boulevard. Tot Lot A is a half-circle space, enclosed by low railing at the front and a metal fence at the rear.
Amenities include:
• Concrete pathway
• Tot lot
• Benches
• Drinking fountain
• Signage
180
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-19
18. Hunter’s Ridge Park 4.7 acres
Hunter’s Ridge Park is a small neighborhood park located off of Cherry Avenue in the Hunter’s Ridge Community of north Fontana.
Amenities include:
• Play area with apparatuses
• Snack bar
• Restroom facility
• Little League ball field
• Barbeque braziers
• Picnic tables
• Benches
• Bleachers
• Drinking fountains
• Bike rack
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
181
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-20
19. Jack Bulik Park 27 acres
Jack Bulik Park is a community park located in the central area of Fontana between Juniper and Cypress Avenues, south of Filbert Street.
Amenities include:
• Play area with apparatuses
• Community center
• Multipurpose rink
• Skate park
• Little League/softball fields
• Senior baseball field
• Lighted basketball courts
• Drinking fountains
• Snack bar
• Restroom facilities
• Picnic shelters
• Picnic tables
• Benches
• Barbeque braziers
• Group barbeque area
• Bike racks
• Security lighting
• On-site parking with ADA accessible spaces
• Signage
182
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-21
20. Lemon Pepper Park 0.3 acres
Lemon Pepper Park is a small neighborhood park located on Lemon Pepper Avenue and adjacent to the Pacific Electric Trail.
Amenities include:
• Benches
• Drinking fountain
• Picnic shelter
• Barbeque brazier
• Picnic tables
• Play area with apparatus
• Security lighting
• Signage.
183
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-22
21. Licorice Park 0.2 acres
This small neighborhood park is located at Licorice Way and Sesame Seed Ave adjacent to the Pacific Electric Trail.
Amenities include:
• Benches
• Drinking fountain
• Barbeque brazier
• Picnic table
• Play area with apparatus
• Security lighting
• Signage.
184
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-23
22. Martin Tudor Regional Park 30 acres
This regional park is nestled in the Jurupa Hills off Sierra Avenue and offers a wide range of recreational activities. A family-oriented park.
Amenities include:
• Water park
• Playground
• Restroom facilities
• Concession stand
• Picnic shelters
• Arbors
• Barbeque areas
• Benches
• Drinking fountains
• Volleyball area
• Informal ball field with backstop
• Picnic shelters
• Picnic tables
• Security lighting
• Signage
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
185
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-24
23. Mary Vagle Nature Center 25 acres
This regional park is nestled in the Jurupa Hills off Sierra Avenue and offers a wide range of recreational activities. A family-oriented park.
Amenities include:
• Water park
• Playground
• Restroom facilities
• Concession stand
• Picnic shelters
• Arbors
• Barbeque areas
• Benches
• Drinking fountains
• Volleyball area
• Informal ball field with backstop
• Picnic shelters
• Picnic tables
• Security lighting
• Signage
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
186
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-25
24. Jurupa Hills Regional Open Space 695 acres
This regional park is nestled in the Jurupa Hills off Sierra Avenue and offers a wide range of recreational activities. A family-oriented park, the Mary Vagle Museum and Nature Center, the Mary Vagle Nature Center Mountain, the Southridge Village Open Space Reserve, and the Jurupa Hills Backcountry Trail are all components of this regional park.
Amenities include:
• Hiking trails
187
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-26
25. McDermott Sports Complex 4.1 acres
The McDermott Sports complex is a community park located on Baseline Avenue and South Heritage Circle in northwest Fontana and consists of 3 areas: The Heritage Neighborhood Center at the northwest edge, the Sports Complex at the southeast edge, and the soccer field in the center. These 3 areas are separated from each other by adjacent schools and a transmission right-of-way.
Amenities include:
• Lawn area
• Fountain
• Swimming pool
• Wading pool
• Arbor
• Lighted tennis courts
• Full-court basketball courts
• Volleyball courts
• Drinking fountain
• Bike rack
• Play area with apparatus
• Community Center
• Restroom facility
• Storage facilities
• Picnic tables
• Barbecue braziers
• Benches
• Lighted soccer field
• Snack bar
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
188
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-27
26. McDermott Soccer Park 15.4 acres
The McDermott Sports complex is a community park located on Baseline Avenue and South Heritage Circle in northwest Fontana and consists of 3 areas: The Heritage Neighborhood Center at the northwest edge, the Sports Complex at the southeast edge, and the soccer field in the center. These 3 areas are separated from each other by adjacent schools and a transmission right-of-way.
Amenities include:
• Lawn area
• Drinking fountain
• Bike rack
• Restroom facility
• Storage facilities
• Benches
• Lighted soccer field
• Snack bar
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
189
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-28
27. Miller Park 5.5 acres
Miller Park is located in downtown Fontana off of Sierra Avenue and Arrow Boulevard, and is adjacent to the Pacific Electric Trail. The park encompasses the Miller Fitness Center at the east side of the park.
Amenities include:
• Play area with apparatus
• Drinking fountains
• Benches
• Picnic tables
• Miller Amphitheater
• Splash pad
• Restroom facility
• Fitness center with racquetball courts, a
fitness room, a swimming pool, and a wading
pool
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
190
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-29
28. Northgate Park 2.9 acres
Northgate Park is a small neighborhood park located on Celeste Avenue just east of Citrus Avenue.
Amenities include:
• Play area with apparatus
• Lighted full-court basketball court
• Lighted half-court basketball court
• Lawn area
• Picnic shelter
• Barbeque braziers
• Group barbeque area
• Tot lot
• Picnic tables
• Benches
• Drinking fountains
• Security lighting
• Signage
191
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-30
29. North Heritage Park 1.3 acres
This neighborhood park is located south of the I-15 Freeway at the corner of Baseline Avenue and North Heritage Circle.
Amenities include:
• Play area with apparatus
• Picnic tables
• Barbeque braziers
• Drinking fountain
• Bike rack
• Lighted full-court basketball court
• Restroom facility
• Concrete pathway
• Security lighting
• Signage
• On-site parking with an ADA accessible
space
192
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-31
30. North Tamarind Park 5 acres
This neighborhood park is located on Tamarind Avenue just north of Foothill Boulevard. The park is comprised primarily of open, rolling lawns.
Amenities include:
• Play area with apparatus
• Restroom facility
• Picnic shelter
• Barbeque braziers
• Picnic tables
• Benches
• Drinking fountain
• Lawn area
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
193
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-32
31. Oak Park 3 acres
Oak Park is a small neighborhood park in south Fontana adjacent to Oak Park Elementary School and located off Live Oak Avenue just south of Cherry Avenue Amenities include:
• Play area with apparatus
• Lawn area
• Baseball backstop
• Bike rack
• Picnic shelter
• Picnic tables
• Lighted full-court basketball court
• Loop trail
• Restroom facility
• Drinking fountains
• Barbeque braziers
• Benches
• Security lighting
• Signage
194
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-33
32. Oak Grove Park 5.0 acres
Oak Grove Park is a small neighborhood park located at 16265 Orchard Street. The is a moderate sized neighborhood park
Amenities include:
• Play area with apparatus with shade structures
• Lawn area for active play
• Bike rack
• Picnic shelter
• Picnic tables
• Lighted Half-court basketball courts
• Trail
• Restroom facility
• Drinking fountains
• Barbeque braziers
• Benches
• Security lighting
• Signage
• Parking with ADA stalls
195
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-34
33. PA-5 Gabion Ranch Park 0.3 acres
This neighborhood pocket park is located at 5376 Heitz Way . The park Is a small neighborhood park with a lawn for informal activities, it also include an area for neighborhood gatherings.
Amenities include:
• Picnic structure with picnic tables
• Lawn area
• Security lighting
• Signage
196
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-35
34. PA-6 Gabion Ranch Park 0.2 acres
This neighborhood pocket park is located at the corner of Foxen Way and Blueridge Way . The park Is a small neighborhood park with a lawn for informal activities, it also include an area for neighborhood gatherings.
Amenities include:
• Benches
• Picnic structure with picnic tables
• Lawn area
• Security lighting
• Signage
197
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-36
35. PA-11 Gabion Ranch Park 1.3 acres
This neighborhood pocket park is located at 16569 Monteviejo Street . The park Is a small neighborhood park with a lawn for informal activities, it also include an area for neighborhood gatherings.
Amenities include:
• BBQ Braziers
• Benches
• Play Apparatus
• Tot Lot
• Play Ground Shade Structures
• Picnic structure with picnic tables
• Informal Fields
• Security lighting
• Signage
198
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-37
36. PA-11 Gabion Ranch Dog Park 3.8 acres
This neighborhood pocket park is located at the corner of Cypress Avenue and Veneto Drive. Thiis Dog park serves the neighborhood as well as the larger community. The park includes Amenities include:
• Two separate Dog play facilities.
• Parking with ADA parking stalls
• Drinking Fountains
• Benches
• Picnic structure with picnic tables
• Security lighting
• Signage
199
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-38
37. Patricia Marrujo Park 5.2 acres
This neighborhood park is located in the Sierra Lakes community on the corner of Augusta Drive and Avenal Place, south of Sierra Lakes Elementary School.
Amenities include:
• Play area with apparatus
• Basketball court
• Restroom facility
• Drinking fountain
• Trail
• Picnic structure with picnic tables
• Lawn area
• Security lighting Signage
• On-site parking with an ADA accessible space
200
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-39
38. Patricia Murray Park 1 acres
Patricia Murray Park is a small neighborhood park located on Jamestown Circle, just north of Foothill Boulevard and southwest of West Heritage Elementary School.
Amenities include:
• Play area with apparatus
• Benches
• Picnic tables
• Barbeque braziers
• Loop trail
• Lawn area
• Bike rack
• Drinking fountain
• Restroom facility
• Security lighting
• Signage
201
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-40
39. Ralph M. Lewis Sports Complex 20 acres
Ralph M. Lewis Memorial Sports Complex is a large community park located west of the Sierra Lakes Golf Club and is just north of the 210 Freeway on the northwest corner of Citrus Avenue and Sierra Lakes Parkway.
Amenities include:
• Play area with apparatus
• Synthetic turf soccer fields
• Synthetic turf football fields
• Covered bleachers
• Natural turf practice field
• Benches
• Bicycle racks
• Drinking fountains
• Equipment/maintenance storage areas
• Concession stands
• Picnic tables
• Restroom facilities
• Security lighting
• Signage
• Group picnic area
• On-site parking with ADA accessible spaces
202
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-41
40. Rosena Park - West 3.45 acres
Rosena Park is a large community park located about 7 blocks west of Ralph M. Lewis Sports Complex, on the southwest corner of Curtis Avenue and Beech Avenue. There are two park areas of Rosena Park:
the larger Rosena Park East, and the smaller Rosena Park West. These park areas are separated by a transmission right-of-way, but a decomposed granite path along the right-of-way connects the paths of both east and west sides to create a looping trail around the park.
Amenities include:
• Play area with apparatus
• Full-court basketball courts
• Lawn areas with space for soccer practice
fields
• Barbeque braziers
• Benches
• Bicycle rack
• Buildings
• Drinking fountains
• Picnic shelter
• Picnic tables
• Restroom facilities
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
203
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-42
41. Rosena Park - East 10.5 acres
Rosena Park is a large community park located about 7 blocks west of Ralph M. Lewis Sports Complex, on the southwest corner of Curtis Avenue and Beech Avenue. There are two park areas of Rosena Park:
the larger Rosena Park East, and the smaller Rosena Park West. These park areas are separated by a transmission right-of-way, but a decomposed granite path along the right-of-way connects the paths of both east and west sides to create a looping trail around the park.
Amenities include:
• Play area with apparatus
• Full-court basketball courts
• Lawn areas with space for soccer practice
fields
• Barbeque braziers
• Benches
• Bicycle rack
• Buildings
• Drinking fountains
• Picnic shelter
• Picnic tables
• Restroom facilities
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
204
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-43
42. San Sevaine Park 5.7 acres
This neighborhood park is located at the intersection of Cherry Avenue and Bridlepath Drive in north Fontana.
Amenities include:
• Play area with apparatus
• Benches
• Picnic tables
• Lighted tennis courts
• Lighted basketball court
• Swing areas
• Picnic structure
• Bicycle racks
• Drinking fountains
• Barbeque braziers
• Fitness stations
• Lawn areas
• Restroom facility
• Trail
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
205
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-44
43. Santa Fe Park 1 acre
This small pocket park is located adjacent to a Metrolink station in central Fontana on Orange Way and Sierra Avenue
Amenities include:
• Amenities include:
• Lawn area
• Restroom facility for use only by bus drivers
• Rose garden
• Signage
206
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-45
44. Seville Park 5.6 acres
Seville Park is a neighborhood park located on Seville Avenue between Cypress Avenue and Juniper Avenue and is adjacent to the Pacific Electric Trail.
Amenities include:
• Lighted full-court basketball court
• Restroom facility
• Group picnic structure
• Picnic tables
• Barbeque braziers
• Benches
• Play area with apparatus
• Fitness equipment areas
• Lawn
• Trail
• Amphitheater
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
207
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-46
45. Shadow Park 7 acres
This neighborhood park is located in south Fontana off of Shadow Drive, and adjacent to Shadow Hills Elementary school. The northern portion of the park is within a transmission line right-of -way.
Amenities include:
• Baseball overlay with backstop
• Senior baseball diamond
• Lighted tennis courts Lawn area
• Picnic shelter with picnic tables and barbeque braziers • Play area with apparatus
• Restroom facility
• Combination walking/bicycling trail
• Signage
208
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-47
46. Sierra Crest Park 1 acre
This small neighborhood park is located on Condor Avenue and Raven Street, in North Fontana just south of the I-15 Freeway
Amenities include:
• Shaded play area with apparatus
• Entry arbor
• Picnic shelter with picnic tables and barbeque braziers • Fitness equipment
• Benches
• Drinking fountain
• Restroom facility Lawn area
• Trail
• Security lighting
• Signage
• On-site parking with an ADA accessible space
209
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-48
47. Condor Park 1 acre
This small neighborhood park is located on Condor Avenue and Raven Street, in North Fontana just south of the I-15 Freeway
Amenities include:
• Shaded play area with apparatus
• Entry arbor
• Picnic shelter with picnic tables and barbeque
braziers
• Fitness equipment
• Benches
• Drinking fountain
• Restroom facility Lawn area
• Trail
• Security lighting
• Signage
• On-site parking with an ADA accessible
space
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City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-49
48. Sierra Crest Park II 1.6 acre
This neighborhood park is located at 4405 Rima Drive and includes Play for inactive and active play throughout the neighborhood Park.
Amenities include:
• Shaded play area with apparatus
• Half Basketball Courts
• Picnic shelter with picnic tables and barbeque braziers • Benches
• Parking
• Drinking fountain
• Restroom facility
• Trail
• Security lighting
• Signage
• On-site parking with an ADA accessible space
211
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-50
49. Southridge Park with Don Day Community Center 25.9 acres Southridge Park is located at the foot of the Jurupa hills in southern Fontana. This community park is within the Southridge Village community on the southeast corner of Live Oak Avenue and Cherry Avenue. The park encompasses the Don Day Community Center at the northwest corner of the site.
Amenities include:
• Softball fields
• Play area with apparatuses
• Tennis courts
• Basketball courts
• Lawn area
• Concession stand
• Restroom facility
• Benches
• Picnic tables
• Barbeque braziers
• Pool
• Signage
• Security lighting
• Cross-country mountain biking trailhead
• On-site parking with ADA accessible spaces
212
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-51
50. Sycamore Hills Park 3.2 acres
Sycamore Hills Park is a small neighborhood park located northeast of Martin Tudor Jurupa Hills Regional Park. It is on the southeast corner of Torry Pine Street and Mayberry Street, about three blocks south of the I-10 Freeway.
Amenities include:
• Lighted full-court basketball courts
• Barbeque braziers
• Benches
• Drinking fountains
• Group barbeque area
• Picnic tables
• Picnic shelter
• Play area with apparatuses
• Tot lot
• Restroom facilities
• Lawn area
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
213
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-52
51. Veterans Park 25.5 acres
This large community park is located on Merrill Avenue between Mango Avenue and Palmetto Avenue in central Fontana.
Amenities include:
• Picnic shelters
• Picnic tables
• Barbeque braziers
• Play area with apparatus
• Basketball courts with roller hockey overlays
• Baseball diamonds
• Softball fields
• Restroom facilities
• Drinking fountains
• Lawn areas
• Picnic tables
• Benches
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
214
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-53
52. Village Park 9.1 acres
This community park is located in south Fontana on the southwest corner of Poplar Avenue and Village Drive East, adjacent to Michael D’Arcy Elementary School Amenities include:
• Picnic shelters
• Lighted Little League fields
• Senior baseball diamond
• Baseball overlay with backstop
• Lighted full-court basketball court
• Half-court basketball courts
• Accessible restroom facility
• Picnic shelter
• Picnic tables
• Benches
• Barbeque braziers
• Play area with apparatus
• Tee-ball field
• Security lighting
• Signage
• On-site parking with ADA accessible spaces
215
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update A-54
53. Valley Oak Park 0.9 acres
This community park is located at 16224 Valley Oak Lane. This neighbor hood pocket park is a active gathering and play space with formal and informal play.
Amenities include:
• Picnic shelters
• Stage and Amphitheater
• Picnic shelter
• Picnic tables
• Benches
• Barbeque braziers
• Play area with apparatus
• Security lighting
• Signage
216
City of Fontana Parks, Recreation & Trails Master Plan: 2023 Update B-1
Appendix B: SSuurvey Quuestionnaires estionnaires and RRespponses 217
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2822 Agenda Date: 2/27/2024
Agenda #: K. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Purchase and Sale Agreement - Downtown Fontana Property RECOMMENDATION:
1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 8572 Sierra Avenue and 8600 Sierra Avenue, more specifically described as APNs 0191-274-33 and 0191-284-13.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
DISCUSSION:
The City of Fontana is undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City has acquired various properties in Downtown.
The subject properties recently became available for acquisition and staff has negotiated the terms of a favorable acquisition based on prior direction from the City Council.
The parcel at 8572 Sierra Avenue is approximately 7,200 square feet with a building occupying approximately 5,700 square feet. The parcel at 8600 Sierra Avenue consists is approximately 8,300 square feet with a building occupying approximately 3,900 square feet. The 8600 Sierra Avenue property is being acquired subject to an existing lease. The tenant is expected to remain in place for at least the next three years. The property at 8572 Sierra is vacant, subject to a brief hold over of a small office for file storage by the current owner, who will completely vacate the building on or before July 1, 2024
The City and the seller have negotiated a Purchase Agreement with the following proposed dealpoints:
· The City of Fontana would acquire the properties for the price of $2,700,000.
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File #: 21-2822 Agenda Date: 2/27/2024
Agenda #: K. Category: Consent Calendar
· The City of Fontana and seller will equally split any/all escrow and title fees as appropriate.
· The City has completed its due diligence on the subject property, including title review. · If approved, the anticipating close of escrow date is March 1, 2024.
Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
Monies for the purchase of these properties (total cost of approximately $2,750,000, including escrow costs and appropriate fees) are being requested in the Mid-Year Budget report out of the Capital Improvement Fund #602.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2825 Agenda Date: 2/27/2024
Agenda #: L. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Approve Agreement with City of San Bernardino for Animal Shelter Services RECOMMENDATION:
1. Approve an Agreement with the City of San Bernardino and the City of Fontana to provide animal sheltering services and collective shelter improvement funding.
2. Authorize the City Manager or his assigned designee to sign the Agreement for Animal Services Between the City of San Bernardino and the City of Fontana.
3. Approve an appropriation from Fund 101 to 10140221 to allow the City to pay for shelter services and improvements per the agreement with the City of San Bernardino.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by correcting problems immediately. · Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
DISCUSSION:
The City of Fontana Police Department’s contract for animal sheltering services with the County of Riverside will expire June 30, 2024. The current shelter will no longer provide services and an alternative facility was sought. All Fontana animals at the current shelter must be moved prior to the expiration of the current contract. Several shelters were contacted and unable to accommodate the City of Fontana’s volume of services needed. The City of San Bernardino proposed a plan for sheltering services. Due to our volume of services required, their current site will require significant infrastructure and shelter site improvements to properly serve our City.
The Agreement with the City of San Bernardino will commence on June 1, 2024, to avoid any lapse in service and to allow for the relocation of the currently housed animals. The City of Fontana’s share of the costs for the Shelter Improvements will be paid in twelve (12) quarterly payments in the amount of $72,821.00 (for a total of $873,851.00) beginning July 1, 2024. In addition, Animal Sheltering Services will be billed quarterly for services including shelter service, intake examinations/assessments, daily care for all animals, veterinary treatment, spay/neuter, adoptions, transfers, return to owners, euthanasia, and routine deceased animal disposal consistent with legal City of Fontana Page 1 of 2 Printed on 2/22/2024
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File #: 21-2825 Agenda Date: 2/27/2024
Agenda #: L. Category: Consent Calendar
requirements.
The City of San Bernardino will bill additional costs for specialty services including large animal housing (Livestock, domestic cattle and equine), emergency veterinary visits, extra deceased animal disposal requests and additional supplies as needed.
The proposed agreement is attached and defines the terms, conditions, requirements, shelter services, and improvements in detail. Staff recommends approving this agreement to utilize the City of San Bernardino for animal sheltering services for a period of three (3) years June 1, 2024 - June 30, 2027, with the option to extend for up to two additional one (1) year terms. This is a temporary solution to our long-term sheltering needs. Staff will continue to explore long-term options for animal sheltering services and the exploration of any agreement to enter such long-term contracts will be separate from this interim solution.
FISCAL IMPACT:
Funding for the animal sheltering services is included in the Fiscal Year 2024/2025 Proposed Operating Budget in the General Fund 101 (10140221) Budget. Funding for the first quarterly payment, for the shelter improvements in the amount of $72,821, is being requested with the MidYear Budget Report and future quarterly payments will be requested with the supplemental budget.
MOTION:
Approve staff recommendation.
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1 AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF FONTANA This Agreement for Animal Shelter Services (“Agreement”), is made and entered into as of June 1, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”), and the City of Fontana, a municipal corporation (“Shelter Partner”), collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, City owns, and through its Animal Services Department, operates, an animal care shelter facility located at 333 Chandler Place, San Bernardino, California (the "Shelter"); WHEREAS, recognizing the need for cost-effective and humane animal care services, Shelter Partner and the cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto (individually, a “Participant” and collectively, the "Participants") desire to contract with City for the provision of animal shelter services for the purpose of safeguarding the health and safety of the Participants’ population and health and safety of their domestic animals (“Services”); WHEREAS, Participants acknowledge the mutual benefits of pooling resources for the provision of Services at the Shelter, aiming to safeguard the health and safety of both the human population and domestic animals within their respective jurisdictions; WHEREAS, City is willing to provide these Services to the Participantssubject to the terms and conditions of this Agreement;
WHEREAS, the increased utilization of the Shelter by the Participants will necessitate certain essential improvements to accommodate their usage needs (“Improvements”) and increase the Shelter’s current operational expenses;
WHEREAS, each Participant agrees that these Improvements are beneficial and necessary to meet the social and animal welfare needs of their citizens and, therefore, have agreed to share the costs of such Improvements and added operational expenses in proportion to their usage of the Services; and
WHEREAS, City, Shelter Partner, and the remaining Participants desire to formalize this arrangement through this Agreement, setting forth terms governing the Improvements to the Shelter, additional operational expenses, and the allocation and payment of costs associated with the Services and Improvements resulting from the Participants’ usage of the Shelter.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows:
SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:
The aforementioned Recitals are true and correct and incorporated herein by this reference. 392
2 B. City Obligations:
1. Services. City shall provide the Services for animals delivered to the City’s Shelter from the jurisdictional boundaries of Shelter Partner as outlined and specified in Exhibit A, Scope of Animal Shelter Services, attached hereto and by incorporated herein by this reference.
2. Improvements. City shall be responsible for the design, preparation of all studies, analyses, and documents necessary to deliver the necessary Improvements to the Shelter to accommodate Shelter Partner and the Participants, including any CEQA environmental documentation, obtaining all permits, administration, and construction of the Shelter Improvements.
3. Construction Contract. The City has or shall retain the services of a licensed contractor ("Contractor") to perform further design and all engineering, planning, preparation of plans and specifications, and complete construction of the Shelter Improvements, including construction management and post-construction activities, pursuant to a written agreement between the City and Contractor, as the same may be amended from time to time (the "Construction Contract").
C. Shelter Partner Obligations:
1. Reimbursement. Shelter Partner shall reimburse City for the Services performed, operational expenses of the Shelter, and Shelter Improvements pursuant to the terms and conditions of this Agreement.
2. Amendments to Rules and Policies. Shelter Partner shall amend its rules and policies, including its Municipal Code, as necessary to comport to City’s shelter operating standards and fee schedule. Shelter Partner and City will work collaboratively to identify which, if any, rules and policies require amendment and which fees must be adopted. Notwithstanding the foregoing, Shelter Partner retains all legislative authority pertaining to the regulation of animals within its jurisdiction.
3. Animal Drop Off. Shelter Partner shall comply with all requirements for animal drop off identified in Exhibit A.
4. Appropriations. During the term of this Agreement, for each fiscal year, Shelter Partner and each Participant shall make every effort to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. The covenant contained in this Section shall be deemed to be, and shall be construed to be, contingent upon the continuing offer by City to provide Services and use of Shelters to each individual Participant. To the extent City offers the provision of Services and use of any Shelters to any Participant, the continued responsibility of such Participant to make all payments required hereunder shall be a duty imposed by law and it shall be the duty of each and every public official of each Participant to take such actions and do such things as are required by law in performance of the official duty of such officials to enable the Participant to carry out and perform the covenants contained in this Section. Shelter 393
3 Partner acknowledges that the construction, maintenance and availability of Shelters for the provision of services to all participating cities and the division of the costs of constructing and maintaining such Shelters among the Participants allows for costs efficiencies and significant savings to each party and that each party has entered into this Agreement in reliance on such shared costs and resulting savings. Each Party, to provide assurance of such cost efficiencies to each remaining Party, hereby expresses its commitment to fulfill its stated obligations under this Agreement regardless of the term of the Agreement overlapping more than one fiscal year and acknowledges the financial burden that any breach of the terms of this Agreement will have on all other Parties.
D. Construction Costs Allocation:
1. Scope of Costs. Total cost of the Shelter Improvements shall include: a) all design development costs; b) all costs incurred by the City pursuant to the Construction Contract; c) all site preparation costs; d) all costs of fixtures; and e) any and all other costs incurred by the City for any construction or construction related activity on the Site incurred in connection with the Shelter Improvements (the "Actual Construction Costs"). The maximum amount to be paid hereunder as Actual Construction Costs is set forth on Exhibit B, attached hereto and incorporated herein by reference (the "Maximum Construction Costs"). Upon completion of the Shelter Improvements, the City shall provide Participants with a full accounting of the application of all funds spent on Actual Construction Costs.
2. City’s Contribution. The City shall contribute toward the construction of Improvements with Four Million dollars ($4,000,000.00) to be applied toward Maximum Construction Costs. Any City funds paid by the City toward Actual Construction Costs on or after the execution of this Agreement shall count toward the $4,000,000.00 to be contributed by the City and will be applied toward costs of construction as necessary to cover any discrepancy between available Participant payment funds and Actual Construction Costs as they become due and payable.
3. Participants' Contribution. The remainder of Maximum Construction Costs beyond the Four Million dollars ($4,000,000.00) paid by the City ("Participants’ Share of Maximum Construction Costs") will be divided among Shelter Partner and the remaining Participants based on the formula set forth in Exhibit B, attached hereto.
Each Participant's respective percentage share of Participants’ Share of Maximum Construction Costs, as determined by said formula, is also set forth on Exhibit B. Five (5) years after the full execution of this Agreement, each Participant's respective percentage share of Participants’ Share of Maximum Construction Costs shall be recalculated based on the same formula as set forth in Exhibit B but using then current statistical data. If any Participant's respective percentage share of Participants’ Share of Maximum Construction Costs is altered by the recalculation by more than five percentage points, then each Participant's total share of Participants’ Share of Maximum Construction Costs shall be recalculated so that the originally calculated 394
4 percentage shall be applied to one half of Participants’ Share of Maximum Construction Costs and the recalculated percentage shall be applied to the second half of Participants’ Share of Maximum Construction Costs. All future payments owed by each Participant shall be adjusted based on the results of the recalculation of each such Participant's total share of Participants’ Share of Maximum Construction Costs.
If said adjustment results in a reduction in the amount owning by any Participant that, as of that time, has already fully paid its share of the Maximum Construction Costs, such reduction shall be credited as an offset against future charges, if any, under such Participant’s Services Agreement. If said adjustment results in an increase in the amount owning by any Participant that, as of that time, has already fully paid its previously calculated share of the Maximum Construction Costs, the amount of such increase shall be due and payable pursuant to the same payment schedule as those Participants that have not elected to prepay their share of Maximum Construction Costs, subject to the same prepayment option. The City shall, upon request, provide the requesting Participant with copies of the data and documents used to calculate each Participant's percentage share of Participants’ Share of Maximum Construction Costs.
4. Payment Schedule. Shelter Partner along with each Participant shall pay its full share of each Participants’ respective Share of Maximum Construction Costs, in addition to costs to be paid in accordance with this Services Agreement, in consideration of each such Participant's continuing right to use the Shelter and the Improvements pursuant to the terms of this Services Agreement. Each Participant's annual obligation to make the payments required hereunder is contingent on the City making available to such Participant, for the respective year, the use of Shelter pursuant to the terms of this Agreement. At the election of each individual Participant, payment of the amounts owing hereunder may be made in advance of use or may be made over the Five Years (5) year term of the Services Agreements in accordance with the Payment Schedule, attached hereto as Exhibit C and incorporated herein by reference (the "Payment Schedule"). For Participants electing not to pay in advance of the scheduled payment, the annual amount each such Participant shall owe hereunder shall be increased by the formula shown on the Payment Schedule as the "Additional Funding Cost." The higher payment amount to be paid by Participants not electing to pay in advance represents the cost to the City of the lost value over time of the money paid by the City toward Actual Construction Costs beyond the $4,000,000.00 provided for above.
The amounts indicated on the Payment Schedule further include costs to be incurred by the relevant Participant for each thirty (30) day period that any payment is overdue. Each Participant acknowledges that the construction and availability of Shelters for use by each Participant over the term of such Participant's Services Agreement is a substantial benefit to such Participant. In the event any Participant refuses to receive Services from the City in violation of the terms of such Participant’s Services Agreement despite being offered such Services by the City, or in the case of a default or failure to pay its cost share in accordance with this 395
5 Agreement, each Participant remains obligated to pay to the City its outstanding payments hereunder as they become due and payable and the City may take any legal action as appropriate to obtain such payment. Further, the Parties acknowledge that the payments owing hereunder do not reduce or offset amounts owing in relation to the Services.
5. Participation of New Cities After Commencement of Construction. After full execution of this Agreement, no city will be added to this Services program for a period of three (3) years from the date first set forth above, to allow for appropriate sizing and establishment of operational protocols for the Shelter Improvements. If a new city elects to participate in the City’s Services program after the three (3) year period indicated above, and City elects to provide Services to such city, such city will be required to pay a pro rata portion of the Maximum Construction Costs based on the formula set forth in Exhibit B. Any new participating cities' contributions pursuant to this section will be applied first toward any necessary Shelter Improvements and the remainder will be deposited into a shelter maintenance and repair fund (the "Shelter Maintenance Fund"). City shall establish a separate project fund account for all funds allocable to the Shelter Maintenance Fund and shall not commingle any other funds in said account. It is the intention of the Parties that any funds contained in the Shelter Maintenance Fund be exhausted prior to any additional contributions by the Parties toward post-construction shelter upgrades or capital improvements. Prior to contracting to provide Services to a new city, City shall consult with those Participants then currently contracting with City to receive Services pursuant to a Services agreement. City shall in good faith consider the input of those cities in making City's determination as to whether to provide Services to the proposed new city. Nevertheless, City is not bound to follow the recommendations of those cities and the ultimate determination as to whether to provide Services to the proposed city rests entirely with City.
6. Shelter Improvements Account; Deposit of Funds. Upon the execution of this Agreement, the City shall establish a separate capital project fund account for all funds of the Participants which are to be applied toward Actual Construction Costs for the Shelter Improvements (the "Shelter Improvements Account") and shall not commingle any other funds in said account. Funds payable by any Participant as an additional cost imposed due to late payment, or that are allocable to City to reimburse City for any City funds spent on Actual Construction Costs beyond the $4,000,000.00 provided for above, or that are to reimburse City for the lost value over time of the money paid by City toward Actual Construction Costs beyond the $4,000,000.00 provided for above, shall not be paid into the Shelter Improvements Account but shall be paid directly to City for City's sole use.
7. Allocation of Excess Funds. Upon final completion of the Shelter Improvements, payment of all Actual Construction Costs, and payment of all amounts due pursuant 396
6 to this Agreement, any unused funds remaining in the Shelter Improvements Account, but not exceeding an amount equal to the difference between total Actual Construction Costs incurred and Maximum Construction Costs, shall be credited to those Participants then obtaining Services from the City against future charges under each such Participant's Services agreement based on the same percentages that each such Participant paid of the Participants’ Share of Maximum Construction Costs. Any funds not distributed in accordance with the previous sentence shall be deposited into the Shelter Maintenance Fund.
E. Operational Expenses:
1. Allocation of Operational Expenses. The operational cost for Services owing pursuant to this Agreements, calculated with respect to Shelter Partner, each remaining Participant, and the City, shall include all annual costs of operation of the Shelters, including salaries and benefits for staff that are expected to be necessary to operate the Shelters. An estimated amount for staff salaries and benefits are depicted in Exhibit D attached hereto and incorporated herein by reference. This estimate is subject to reasonable modification to reflect factors including, but not limited to, the number of cities that elect to procure Services from the City and such cities’ usage needs. Shelter Partner acknowledges that the division of all operational costs among the Participants allows for costs efficiencies and operational savings to each Participant and that each Participant has entered into their respective Services Agreements in reliance on such shared costs and resulting savings. Each Participant, to provide assurance of such continued cost efficiencies to each remaining Party, hereby expresses its commitment to procure Services from the City for a period of Three (3) years with an opportunity to extend the agreement for an additional two (2) one (1) year periods and acknowledges the financial burden that any breach of this commitment would have on all other Parties. To that end this Services Agreement shall each provide for a Three (3) year term of service in accordance with Section II of this Agreement.
i. Shelter Partner acknowledges that it would be impractical or extremely difficult to fix the actual damages to actual damages to the City in the event of its breach of this Three-year commitment. The Parties agree that a reasonable estimate of such damages is an amount equal to $50,000.00 and in the event of such breach, such amount will be deemed fully agreed liquidated damages.
The Parties further acknowledge that nothing herein shall be construed as the City's exclusive remedy for the remediation of breach by a Shelter Partner or Participants, and the City reserves the right to pursue any and all available rights and remedies at law or in equity.
SECTION II. TERM
397
7 The term of this Agreement shall run from the Effective Date and continue until June 30, 2027(“Term”). This Agreement may be extended via written notice as provided by Section XIII of this Agreement by the City Manager or his or her designee for a maximum of two (2) additional years, Option Year One, if exercised, shall be effective July 1, 2027 through June 30, 2028. Option Year Two, if exercised, shall be effective July 1, 2028 through June 30, 2029.
SECTION III. COMPENSATION FOR SERVICESS
Shelter Partner shall reimburse City for the services performed and the expenses incurred in accordance with Exhibit E, Compensation, attached hereto and incorporated herein by reference.
City shall invoice Shelter Partner on a quarterly basis for such Services. Payment shall be due and payable by Shelter Partner within 30 days following its receipt of the City’s invoice. Shelter Partner acknowledges that payments for Services does not reduce or offset amounts owing towards the Improvements.
SECTION IV. HOLD HARMLESS/INDEMNIFICATION
A. Shelter Partner Indemnification: Shelter Partner shall hold harmless, indemnify, and defend City, its officers, employees, authorized volunteers, and agents from and against any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of Shelter Partner’s failure to fulfill any obligations arising pursuant to this Agreement or in connection with operation of the Shelter in relation to Shelter Partner’s operations. Shelter Partner’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, authorized volunteers, or agents.
B. City Indemnification: City shall hold harmless, indemnify, and defend each Participant, its officers, employees, authorized agents, and agents from and against any and all claims, suits, or actions of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of the performance or nonperformance of City's covenants and obligations under this Agreement and which result from the actively negligent or wrongful acts of City or its officers, employees, authorized agents, or agents. This provision requiring City to hold harmless, indemnify, and defend Shelter Partner shall expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions, negligent or otherwise, of any independent contractor providing services pursuant to a contract with the City. City’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Shelter Partner, its elected and appointed officials, employees, authorized volunteers, or agents.
C. Comparative Negligence: In the event of concurrent negligence of the City, its officers, authorized volunteers, or employees, and Shelter Partner, its officers, authorized volunteers, or employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss or cost which arises out of the terms, conditions, covenants or 398
8 responsibilities of this Agreement shall be apportioned in any dispute or litigation according to the California theory of comparative negligence.
SECTION V. INSURANCE
City and Shelter Partner agree to maintain adequate insurance to cover their obligations under this Agreement and as required by law.
SECTION VI. TERMINATION
In the event Shelter Partner fails to pay, for any reason, any amount to be paid by Shelter Partner under this Agreement, such failure shall constitute a default under this Services Agreement and the City shall have the right to immediately terminate such Services Agreement, at its discretion.
SECTION VII. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply.
SECTION VIII. AMENDMENTS AND ENTIRE AGREEMENT
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the Parties hereto. This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.
SECTION IX. SEVERABILITY
Each paragraph or provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect and shall in no way be affected, impaired or invalidated thereby to the extent such provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
SECTION X. NO THIRD PARTY BENEFICIARIES
This Agreement between the Parties is intended for the mutual benefit of the two signing Parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.
SECTION XI. DISPUTE RESOLUTION
A. Defaults and Remedies.
1. Defaults. The failure by any Party to perform any of its obligations set forth in this Agreement shall constitute a default of this Agreement. Except as required to protect 399
9 against further damages, the nondefaulting Party may not institute legal proceedings against the Party in default until the nondefaulting Party has provided the defaulting Party notice of the default and the following applicable cure period has expired: (i) the cure period for any monetary default shall be fifteen (15) calendar days after the defaulting Party's receipt of written notice from the nondefaulting Party that such obligation was not performed; and (ii) the cure period for any other default shall be thirty (30) days after the defaulting Party's receipt of written notice from the nondefaulting Party that such obligation was not performed.
2. Remedies Upon Default. Upon the occurrence of any default and after the defaulting Party has received written notice of default and the time period to cure the default has expired, the nondefaulting Party may at its option pursue damages or specific performance or other legal and equitable remedies the injured Party may have against the defaulting Party in accordance with applicable law. Should Shelter Partner or any Participant fail to pay any payment due by Shelter Partner or that Participant hereunder, the City may take any action as is appropriate to obtain such payment. Nothing herein shall be construed as the City's exclusive remedy for the remediation of default by Shelter Partner or other Participants, and the City reserves the right to pursue any and all available rights and remedies at law or in equity.
3. Non-refund of Contributions. The payments made by all Parties pursuant to this Agreement shall be used for completion and maintenance of the Shelter Improvements in the manner described herein and all Parties acknowledge and agree that the completion and maintenance of the Shelter Improvements, as well as the completion of each phase of construction activity and each construction milestone under the Construction Contract, provides an immediate benefit to each Party and that no payments made pursuant to this Agreement shall be refunded for any reason other than pursuant to the last sentence of Section XI(B)(1)(i).
B. Results of Nonpayment.
1. Adjustment of Payments Upon Nonpayment.
i. The Parties acknowledge that the failure of any Participant to pay any amount hereunder will result in an increase in the operational costs of sheltering Services to be divided among all other Participants. To that end, in the event any Participant fails to pay, for any other reason, any amount to be paid by that Participant under this Agreement, within fifteen (15) days of when such payment is due, the amount of such nonpayment will be apportioned among the remaining Participants such that the remaining Participants' will be responsible to pay such unpaid amount. The amounts paid by the remaining Participants pursuant to this section will be applied in the following order: first to replenish any the City funds spent on Actual Construction Costs that would have been paid by funds owed by the nonpaying Participant, second to pay any other amounts due to the City by the nonpaying Participant pursuant to this Agreement, and the remainder to pay Actual Construction Costs as they come due. Should the non-paying Participant pay any portion of the amount owing, 400
10 the increased cost paid pursuant to this subsection by the remaining Participants will be reimbursed to the extent of the amount of such repayment. This section shall apply to each payment obligation owed and not paid by any Participant as it becomes due and payable and shall not result in any acceleration of the full amount payable by the nonpaying Participant over the term of this Agreement.
In the event any Participant should default in its obligations under this Agreement and no longer obtain sheltering Services from the City, City shall consult with all Participants then obtaining Services from the City to discuss methods of cost reduction that may be made available as a result of such reduction in sheltering Services usage.
ii. It is the intention of all Parties that no funds provided by any Participant under this Agreement shall be reimbursed for any other reason than that set forth in the last sentence of Section XI(B)(1)(i). If, pursuant to judicial action or threat thereof, any funds are reimbursed under this Agreement to any Participant, other than pursuant to the last sentence of the foregoing Section XI(B)(1)(i), the remaining Participants' will be responsible to pay to the City the reimbursed amount.
iii. Each Participant's proportional share of any amounts required to be paid by Participants pursuant to this section shall be determined based on the formula set forth on Exhibit B. Each Participant's resulting incremental increase in contribution will be due within thirty (30) days of notification by the City to the participating Participants of the increased amount owing. The obligation of Participants to pay increased amounts under this Section is not intended to be an exclusive remedy. The City reserves the right to take any action as is appropriate to obtain payment from any non-paying Participant. Additionally, each Participant paying increased costs pursuant to this Section, shall have and retain the right to take any action at law or equity as is appropriate to obtain reimbursement of such increased payment amounts from the non-paying Participant.
C. General Dispute Resolution Procedures.
1. Informal Resolutions. The Parties shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the Parties.
2. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in San Bernardino, California, and the Parties waive any and all provisions of law providing for a change of venue to another location.
SECTION XII. ASSIGNMENT
401
11 This Agreement shall be binding upon the Parties and their successors in interest. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the Parties without the prior written consent of the other Party.
SECTION XIII. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid:
CITY:
City of San Bernardino
Attention: City Manager
290 North D Street
San Bernardino, CA 92401
SHELTER PARTNER:
City of Fontana
Attention: City Manager
8353 Sierra Avenue
Fontana, CA 92335
SECTION XIV. CONTRACT PERFORMANCE
City’s Director of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with Shelter Partner’s City Manager, or designated representative.
SECTION XV. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the exhibits and schedules hereto.
SECTION XVI. COUNTERPARTS; ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all of the Parties. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
SECTION XVII. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies.
SECTION XVIII. INDEPENDENT CONTRACTOR
402
12 The City is acting as an independent contractor to the Shelter Partner under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another Party to this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between any Participant and City or any of City's agents or employees. City shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by City pursuant to this Agreement. City, its agents, and employees shall not be considered to be Participant employees.
SECTION XIX. COOPERATION, FURTHER ACT
The Parties shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
SECTION XX. MISCELLANEOUS
A. Attorney's Fees: In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney's fees, costs and expenses.
B. Interpretation: This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of its own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that it has not been influenced to any extent whatsoever in executing this Agreement by the other Parties hereto or by any person representing the other Parties, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Agreement.
C. Authority: The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 403
SIGNATURE PAGE
SIGNATURE PAGE TO
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF FONTANA IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.
CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By:__________________________
Charles A Montoya
City Manager
CITY OF FONTANA,
a municipal corporation
By:__________________________
Matt Ballantyne
City Manager
ATTEST:
By:___________________________
Genoveva Rocha
City Clerk
ATTEST:
By:___________________________
Germaine Key
City Clerk
APPROVED AS TO FORM:
By:___________________________
Thomas Rice
City Attorney
APPROVED AS TO FORM:
By:___________________________
City Attorney
404
EXHIBIT A
SCOPE OF SHELTER SERVICES
Services
City shall operate and maintain an animal shelter providing shelter services, including intake examinations/assessments, daily care for all animals, veterinary treatment, spay/neuter, adoptions, transfers, return to owners and euthanasia consistent with legal requirements and mandates. The City shall update procedures as needed to remain compliant with local, State and Federal Laws.
City shall remain available and staffed for animal drop offs by Shelter Partner’s animal control officers seven days per week from 8:30 a.m. to 4:30 p.m. City shall permit Shelter Partner’s staff access to the facility after-hours for emergency animal drop offs.
City will only accept animals picked up by Shelter Partner from within Shelter Partner’s jurisdiction, including impounds of all animals seized by Shelter Partner as a result of an executed search warrant. Shelter Partner shall not attempt to drop off any animal picked up from outside the Shelter Partner’s jurisdiction.
City shall hold animals dropped off in accordance with City policies, but in no event for less time than required by State law or local ordinance. Shelter Partner shall notify City about any animal from their jurisdiction requiring an extended hold subsequent to an open investigation by Shelter Partner’s staff. City shall hold those cases until such time as they have been cleared for release by Shelter Partner. Impound periods vary depending on the type of impound and condition/disposition of the animal.
City shall provide Shelter Partner with monthly intake and outcome statistics for all animals dropped off by Shelter Partner or surrendered by a resident of Shelter Partner.
City will provide any necessary paperwork for Shelter Partners to seek reimbursement on criminal cases, welfare cases, rabies quarantines, and evidentiary holds.
City shall accept surrendered animals from owners located in the Shelter Partner’s jurisdiction during the City shelter’s normal hours for the public. Owner surrenders of animals with a documented history of aggression to humans, domestic animals and/or those under investigation for aggressive behavior shall be prioritized and accepted immediately. All adoption returns shall be accepted for up to 45 days post adoption, regardless of reason for return. Owner surrenders of all other pets, including adoption returns 46 days and later post adoption may be limited depending on the reason for surrender, current shelter population and available space at the time of the request.
City shall accept only sick, injured, abandoned or underage cats and kittens from the Shelter Partner’s jurisdiction.
City shall offer microchipping to pets from the Shelter Partner’s jurisdiction for the same fees charged to City’s residents.
City shall only accept sick, injured or deceased wildlife from Shelter Partner’s Jurisdiction. 405
Services Not Provided
Shelter Partner shall remain responsible for animal control services within its jurisdiction.
Shelter Partner shall remain responsible for healthy wildlife within its jurisdiction.
Shelter Partner shall remain responsible for animal licensing within its jurisdiction.
Shelter Partner Drop Off Requirements
Shelter Partner animal control officers shall provide the following information at the time of drop off for each animal dropped off at the Shelter on any forms required by City:
o Reason for pick up (e.g., stray, confiscation, bite quarantine, surrender etc.); o Where picked up;
o When picked up; and
o Owner information (if known).
406
EXHIBIT B
CONSTRUCTION COSTS OF SHELTER IMPROVEMENTS
Animal Shelter Estimated Cost/Project Percentage of Each Item Item Square
Feet
Linear
Feet
Cubic
Yard Each Cost Project Percentage
Kennels (270) 8,017 $2,186,080.00 60%
Electrical Wiring (120V) 3,000 $31,200.00 1%
Electrical Wiring (240V) 3000 $33,000.00 1%
Copper Water Pipes 1,430 $11,154.00 0%
Concrete Foundation 4,350 $33,495.00 1%
Grading 4,785 $31,102.50 1%
Sewer Line 911 $284,687.50 8%
Sewer Line Back Fill 911 $14,271 0%
24' x 60' Modular Building $172,703.66 5%
Curb and Gutter 534 $52,065.00 1%
Tree Removal (5) 5 $22,750.00 1%
Excavation 1,812 $108,720.00 3%
ADA Ramps 4 41600 1%
Lights 35 $11,375 0%
Design (Architect and
Engineering Fees) $151,710.17 4%
Contingency (Unforseen
Underground Utilities) $455,130.52 13%
Total $3,641,044 100%
*Additional Costs for the City of San Bernardino $358,956 100% Grand Total $4,000,000
Contribution Amount by Partner
*San Bernardino (53.5% of Costs) $2,306,915
Fontana (24% of Costs) $873,851
Rialto (14% of Costs) $509,746
Colton (7% of Costs) $254,873
Grand Terrace (1% of Costs) $36,410
Loma Linda (.5% of Costs) $18,205
Grand Total $4,000,000
407
EXHIBIT C
PAYMENT SCHEDULE
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Fontana in one lump sum amount of $873,851.00 due at the start of the Contract on July 1, 2024 or in 12 quarterly payments of $72,821.00 each according to the following schedule:
Date Payment Amount
7/1/2024 $72,821
10/1/2024 $72,821
1/1/2025 $72,821
4/1/2025 $72,821
7/1/2025 $72,821
10/1/2025 $72,821
1/1/2026 $72,821
4/1/2026 $72,821
7/1/2026 $72,821
10/1/2026 $72,821
1/1/2027 $72,821
4/1/2027 $72,820
Total $873,851
408
EXHIBIT D
ESTIMATED SALARIES OF SHELTER STAFF
Position Title
Number of
Positions
Needed
Total Salary
Cost
Total Benefits
Cost
Combined
Salary and
Benefits Cost
Animal Shelter Attendant 8 $374,360.00 $214,664.00 $589,024.00 Animal Services
Representative 2 $93,590.00 $53,666.00 $147,256.00
Senior Animal Services
Representative 7 $361,914.00 $192,339.00 $554,253.00
Animal Services
Supervisor 2 $160,260.00 $62,418.00 $222,678.00
Animal Services Manager 1 $101,797.00 $34,054.00 $135,851.00 Community Services
Program Coordinator 4 $262,772.00 $117,256.00 $380,028.00 Registered Veterinary
Technician 2 $139,494.00 $59,692.00 $199,186.00
Veterinary Assistant 3 $164,673.00 $83,685.00 $248,358.00 Shelter Veterinarian 1 $178,846.00 $44,170.00 $223,016.00 Total Staffing Costs $2,699,650.00
Estimated Cost
to Partners City Percentage Share
$1,444,312.75 San Bernardino 53.5%
$647,916.00 Fontana 24%
$377,951.00 Rialto 14%
$188,975.50 Colton 7%
$26,996.50 Grand Terrace 1%
$13,498.25 Loma Linda 0.5%
$2,699,650.00 Total 100%
409
EXHIBIT E
COMPENSATION FOR ANIMAL CARE SHELTER SERVICES
The Shelter Partner, City of Fontana shall be billed for actual staffing costs based on their percentage of share from Exhibit D and other shelter related expenses on a quarterly basis. The City shall send an itemized billing to the shelter partner at the beginning of each quarter for services rendered in the preceding three-month period. Payment is due to City by the Shelter Partner within 30 calendar days of their receipt of the invoice.
Additional Costs which may be billed to Shelter Partners at actual cost:
Livestock, including domestic cattle and equine to be housed and cared for at contracted stables.
Emergency veterinary visits at contracted veterinary hospitals to be approved by Shelter Partner for after-hours emergencies and Animal Cruelty cases where specialized treatment or necropsies are necessary.
Extra deceased animal disposal requests from Shelter Partner, including large livestock disposals located in Shelter Partner’s Jurisdiction.
Additional supplies as needed, including veterinary medical supplies and pet food at cost. 410
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2826 Agenda Date: 2/27/2024
Agenda #: M. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Annual Update of Military Equipment Use Inventory Pursuant to California AB 481 RECOMMENDATION:
1. Motion to approve the “Annual Military Equipment Use Inventory Report”
2. Determine the adoption of the annual report is categorically exempt from CEQA pursuant to Section 15061(B)(3).
COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Increase citizen involvement by seeking community input. · Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.
DISCUSSION:
Assembly Bill 481 (“AB 481”), codified at Government Code sections 7070 through 7075, requires the Fontana Police Department (“Department”) to obtain annual approval from City Council of its military equipment use policy (“Policy”) in order to continue the use of previously acquired military equipment.
The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance with Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.
On May 10, 2022 the City Council adopted Ordinance No. 1892 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. In order for the Department to continue using the equipment authorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following: 1) A summary of how the military equipment was used and purpose of its use. 2) A summary of any complaints or City of Fontana Page 1 of 2 Printed on 2/22/2024
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File #: 21-2826 Agenda Date: 2/27/2024
Agenda #: M. Category: Consent Calendar
of how the military equipment was used and purpose of its use. 2) A summary of any complaints or concerns received concerning the military equipment. 3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4) The total actual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and the other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report. 5) The quantity possessed for each type of military equipment. 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Ordinance No. 1892 and the adopted Policy provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight, and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment and seek approval prior to acquiring any additional military equipment.
The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
The Fontana Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report.
FISCAL IMPACT:
There is no fiscal impact.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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2024 FONTANA POLICE MILITARY EQUIPMENT INVENTORY (Attachment) Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
DJI MAVIC MINI, cost: $450 each, quantity: 2.
DJI MAVIC 2 Air, cost: $ 1,000 each, quantity 1.
DJI MAVIC 3 Air, cost: $2,300 each, quantity 1.
Instant Eye MK, cost: $30,00 total with training and fleer, quantity 2. b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
1. major collision investigations.
2. search for missing persons.
3. natural disaster management.
4. crime scene photography.
5. SWAT, tactical or other public safety and life preservation missions.
6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic Mini during approved missions. d. Expected Life Span
10 years all equipment.
e. Fiscal Impact
One time purchase.
f. Training
Each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules
413
The Fontana Police Department will utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
Robotics: Unmanned machine operating on the ground utilized to enhance the safety of the community and officers.
a. Description, quantity, capabilities, and purchase cost:
ICORE (Rialto PD equipment shared for Inland Valley SWAT), cost: $40,000.
AVATAR, cost: $20,000.
RECON SCOUT (Rialto PD equipment share), cost: $7,000.
b. Purpose
To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings and make announcements. c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots and at the discretion of the Incident or SWAT Commander.
d. Expected Life Span
All robots, 10-15 years.
e. Fiscal Impact
Robots are all a one-time purchase.
f. Training
All robot operators are assigned to SWAT and receive on-going training 20 hours a month.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
414
Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost:
LENCO BEARCAT, G2, cost: $315,000.00, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of individuals. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a supervisor, based on the specific circumstances of a given critical incident. d. Lifespan
25 years.
e. Fiscal Impact
One time purchase with general maintenance fees ($12,000 annually). f. Training
Armored vehicle uses and training takes place during annual trainings provided by the department. All sworn personnel are trained in the tactics and capabilities of the armored vehicles.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law. 415
NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK): The ROOK is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer, manufactured by Ring Power.
The ROOK is built to increase job safety, versatility, and mission specific response. The ROOK is equipped with powerful mission specific attachments. The ROOK is capable of being used in tight areas both inside and outside, where traditional armored vehicles may not be able to enter. a. Description, quantity, capabilities, and purchase cost:
ROOK- Modified CAT compact Track Loader chassis, cost: $400,000, quantity: 1.
The ROOK can be utilized by authorized SWAT personnel to identify, discover and locate threats or hazards, to include explosives and ballistic threats. The ROOK may be used to stabilize critical infrastructure and functions to minimize health and safety threats during a terrorist attack. During a terrorist attack, the ROOK will allow for law enforcement protected response. b. Purpose
To provide a capability for defensive ballistic protection in indoor and outdoor environments, rescue platforms for elevated structure rescue, and rough terrain environments where certain equipment would be limited.
c. Authorized Use
The ROOK shall be used by SWAT team members in a manner consistent with Department training. Furthermore, only SWAT team members who have completed the appropriate training, will operate the ROOK. d. Lifespan
25 years
e. Fiscal Impact
One time purchase and general fleet maintenance fees ($13,500 annually). f. Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction as well as normal SWAT bi-weekly training.
g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law. 416
Long Range Acoustic Device (LRAD) Long Range Acoustical Device: (LRAD) is a high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.
a. Description, quantity, capabilities, and purchase cost:
LRAD 1000x Mag (received on a grant) Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD ensures voice messages are clearly heard and understood. Obtained by Colton Police Department on a military equipment grant program. LRAD is shared by Inland Valley SWAT agencies.
b. Purpose
To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.
c. Authorized Use
The LRAD shall only be used by officers trained in its deployment. d. Lifespan
No life expectancy.
e. Fiscal Impact
None.
f. Training
All operators receive training prior to operating any of the LRAD’s in the field. g. Legal and Procedural Rules
It is the policy of the department to utilize the LRAD only for official law enforcement purposes, and pursuant to State and Federal law. 417
40 MM Launchers and Rounds: 40MM LMT Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost:
DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT LAUNCHER, cost: $1000, quantity 50. The 40MM Single Launcher is a tactical single shot launcher.
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity: Fontana PD 300. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.
e. Lifespan
25 years.
f. Fiscal Impact
No annual fiscal impact.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 418
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost:
Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Fontana Police Department and Inland Valley SWAT team as a nonlethal tool to disperse rioting suspects and on barricaded suspects per Fontana Police Department Policy and applicable law. The Fontana Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Fontana Police Inventory
Defense Technology Pocket Tactical CS -35
Defense Technology Flameless Tri-Chamber CS -21
Defense Technology Spede Heat CS - 10
Defense Technology 40 mm Warning/Signal 50 meter -14
Defense Technology Riot Control CS - 12
Defense Technology Flameless Tri-Chamber OC - 7
Defense Technology Triple Chaser CS - 4
Defense Technology Direct Impact Marking round - 3
Defense Technology 40 mm Saf-Smoke 100 meters - 2
Defense Technology 40 mm Marking/ Signal Inert - 2
Defense Technology Spede Heat OC - 1
Inland Valley SWAT Inventory
Defense Technology 40 mm Liquid Ferret - 70
Defense Technology Pocket Tactical CS -13
Defense Technology Pocket Tactical Smoke - 11
CTS 5230 Baffle CS - 12
Defense Technology Smoke - 6
Aerosol/OC Vapor - 5
Defense Technology OC Stinger Handball - 2
Defense Technology Triple Chaser Smoke - 3
Defense Technology CS Stinger Handball - 2
Defense Technology Flameless Tri-Chamber CS - 4
Defense Technology Spede Heat CS - 9
Defense Technology Riot Control CS - 2
Defense Technology Triple Chaser CS - 2
Defense Technology Spede Heat CS 40 mm - 14
419
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self-destructive, dangerous and or combative individuals ii. Riot/crowd control and civil unrest incidents
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing dates.
f. Fiscal Impact
No annual cost.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal Law, including Fontana Police Use of Force policy. 420
Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
a. Description, quantity, capabilities, and purchase cost:
REMINGTON LESS LETHAL SHOTGUN, cost: $700, quantity: 21. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.
12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 2000. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
1.Self-destructive, dangerous and/or combative individuals.
2.Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Lifespan
No expiration.
e. Fiscal Impact
None.
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by inservice training. 421
h. Legal and Procedural Rules
It is the policy of the Fontana Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
422
Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Description, quantity, capabilities, and purchase cost:
Defense Technology, 8933 Low Roll Distraction Device, cost: $50, quantity: 4.
CTS single bang, cost: $55 each. Quantity 10. CTS double-bang, cost: $65 each.
Quantity 10. Def-Tech bang, cost: $65 each. Quantity 4. A non-bursting, nonfragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
By officers who have been trained in their proper use. In hostage and barricaded subject situations.
In high-risk warrant (search/arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements.
During other high-risk situations where their use would enhance officer safety.
During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 423
Explosive Breaching Tools: Tools that are used to conduct an explosive breach. All explosive breaching equipment is shared with the Inland Valley SWAT agencies. a. Description, quantity, capabilities, and purchase cost:
DETONATING CORD, cost: $1 per foot, quantity: 500 ft./ 150 meters. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
BLASTING CAP, cost: $12, quantity: 27. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.
b. Purpose
To safely and quickly gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Blasting Caps- 10 years.
Detonating cord- 10 years.
e. Fiscal Impact
One time purchase.
f. Training
All officers who use explosive breaching tools shall attend an approved Tactical Explosive Breacher Course and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
It is the policy of the Fontana Police Department and Inland Valley SWAT to utilize explosive breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
424
Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost:
Colt LE 6920-5.56mm Patrol, cost: $1,000. Quantity 47.
Colt LE 6933-5.56mm Special Ops and Traffic, cost: $1,000. Quantity 52.
Colt LE 6946-5.56mm Special Ops and Traffic, cost: $1,000. Quantity 12.
Daniel Defense DDM4 5.56mm, cost: $1,450. Quantity 21.
Lewis Machine & Tool MWS .308 caliber, cost: $1,200. Quantity 2.
Colt Commandos, cost: $1,000. Quantity 2.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 312.13)
d. Lifespan
No expiration.
e. Fiscal Impact
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. g. Legal and Procedural Rules
Use is established under policy 312 of the Fontana Police Department. It is the policy of the Fontana Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
425
426
1 of 3
ORDINANCE NO. 1892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA ADOPTING POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the Fontana Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. 427
Ordinance No. 1892
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings, and conclusions set forth above are true and correct and hereby incorporated by reference.
SECTION 2. FINDINGS
Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the Policy that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts the Policy No. 709, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A”.
SECTION 4. CEQA.
The City Council finds that this 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.
SECTION 5. EFFECTIVE DATE.
This ordinance shall be effective thirty (30) days from and after its final passage.
SECTION 6. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court 428
Ordinance No. 1892
of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fontana hereby declare they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions. sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).
INTRODUCED at the regular meeting of Fontana Council on the 26th day of April 2022.
PASSED, APPROVED AND ADOPTED at the regular meeting of Fontana City Council on the 10th day of May 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Ashton Arocho, 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 introduced at a regular meeting of said City Council on the 26th day of April, 2022 and was finally passed and adopted not less than five days thereafter on the 10th of May, 2022, by the following wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
429
Mayor of the City of Fontana
ATTEST:
City Clerk
430
Exhibit “A”
[insert AB 481 policy]
431
Policy
709
Fontana Police Department
Fontana PD Policy Manual
Copyright Lexipol, LLC 2022/03/10, All Rights Reserved.
Published with permission by Fontana Police Department
Military Equipment - 531
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include those provided in (Government Code § 7070) and as follows:
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
43231
Fontana Police Department
Fontana PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/10, All Rights Reserved.
Published with permission by Fontana Police Department
Military Equipment - 532
709.2 POLICY
It is the policy of the Fontana Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to the funding, acquisition and use of military equipment.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fontana Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: FONTANA POLICE MILITARY EQUIPMENT INVENTORY.pdf 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
43332
Fontana Police Department
Fontana PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/10, All Rights Reserved.
Published with permission by Fontana Police Department
Military Equipment - 533
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
43433
CITY OF FONTANA
2024 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Fontana Police Department hereby submits for City Council review and approval the following annual military equipment report.
1. A summary of how the military equipment was used and the purpose of its use.
All military equipment owned by the Department, which is detailed in the attached Fontana Police Military Equipment Inventory, was used exclusively for the purposes designated by the Department’s Military Equipment Policy (No. 709). In general, those purposes include use of standard patrol rifles and projectiles; use of unmanned aircraft systems for enhanced investigation and community safety; use of unmanned robotic machines operating on the ground to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, clear buildings, and make announcements; use of armored vehicles for transporting officers and supporting personnel during high-risk tactical operations; use of an NIJ Level IV Armored Caterpillar Multi-Terrain Loader to provide capability for defensive ballistic protection, rescue platforms for elevated structures, and use in rough terrain environments where other equipment might be limited; use of long range acoustic devices to issue dispersal orders during crowd and riot control situations, to address the public in the event of civil emergencies, natural disasters, evacuations, or police incidents, and to issue a warning tone; use of explosive breaching tools during tactical entry into a dwelling or other enclosed space when other breaching options have failed or when required; use of distraction devices to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short‐ term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of projectile launch platforms and associated munitions to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; and use of beanbag rounds and less lethal shotguns to limit conflict escalation and use of lethal force. In 2023, the Department used items from the unmanned aircraft system, Robotics, chemical agents, armored vehicles, and distraction devices categories of the inventory, for the purpose of effectively and safely carrying out its duties. Officers are properly trained and certified to use the equipment in the inventory.
2. A summary of any complaints or concerns received concerning the military equipment.
The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment. 435
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
There were no violations of the Policy, and accordingly, no audits or actions took place in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
Costs associated with military equipment in 2023 included the purchase of 4 new Colt LE 6920‐5.56mm patrol use rifles, associated ammunition, and the training courses for the officers (including overtime costs). These costs were accounted for in the City’s 2023 budget. The Department does not currently have plans to purchase additional military equipment in 2024, but will report back to the City Council next year.
5. The quantity possessed for each type of military equipment.
The quantity for each type of military equipment, including the new equipment purchased in 2023, is listed in the updated Military Equipment Inventory List, available on the City’s website and in person at the Department.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Department does not presently have plans to purchase additional military equipment in 2024.
436
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2830 Agenda Date: 2/27/2024
Agenda #: N. Category: Consent Calendar
FROM:
Finance
SUBJECT:
Amend Administrative Policy Environmental Preferable Purchases and Practices Policy 20-31 RECOMMENDATION:
Adopt Resolution 2024-008, of the City Council of the City of Fontana, amending Administrative Policy Section 20-31 (Environmental Preferable Purchases and Practices) COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.
· Enhance the local environment for future generations and create a healthy economic and environmental future by committing to purchasing specific products and goods that are climate friendly.
DISCUSSION:
On May 27, 2008, the City Council adopted an Administrative Policy establishing guidelines for recycled content and environmentally preferred products whenever practicable. This action amends the existing policy by establishing updated guidelines that are required by the State of California SB1383 CalRecycle program. The corrective action plan was to amend the policy to reflect the language to meet the new guidelines of SB 1383 by March 1, 2024 by all jurisdictions.
FISCAL IMPACT:
No Fiscal Impact
MOTION:
Approve staff’s recommendation.
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Resolution 2024-
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA AMENDING ADMINISTRATIVE POLICY SECTION 20-31 ENVIRONMENTALLY PREFERABLE PURCHASES AND PRACTICES POLICY IN ITS ENTIRETY.
WHEREAS, the City Council of the City of Fontana has adopted Administrative Policies which detail the Rules and Regulations under which the City operates; and WHEREAS, Administrative Policy Section 20-31 Environmentally Preferable Purchases and Practices Policy sets thresholds for purchasing recycled content and environmentally preferred products whenever practicable in order to support recycling and to minimize environmental impacts; and
WHEREAS, the Administrative Policies are periodically updated to reflect organizational needs; and
WHEREAS, Administrative Policy Section 20-31 Environmentally Preferable Purchases and Practices Policy requires a comprehensive update to better match the City’s environmental impact.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana does hereby amend Administrative Policy Section 20-31 Environmentally Preferable Purchases and Practices Policy in its entirety.
APPROVED AND ADOPTED this 27th day of February 2024.
READ AND APPROVED AS TO LEGAL FORM:
________________________________
City Attorney
438
Resolution 2024-
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 27th day of February, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Germaine McClellan Key, City Clerk
________________________________
Acquanetta Warren, Mayor
ATTEST:
________________________________
City Clerk
439
Resolution 2024-
Resolution No. 2024-______
Attachment A
Updated Administrative Policy Section 20-31 Environmentally Preferable Purchases and Practices Policy
440
City of Fontana
ADMINISTRATIVE PROCEDURE
Administration 20-31
SUBJECT:
ENVIRONMENTALLY PREFERABLE
PURCHASES AND PRACTICES POLICY SECTION
APPROVED 8/18/92 92-312
REVISED 4/7/98 98-36; 4/19/05 05-31; 5/27/08 08-37; (Addendum) PAGE 1 OF 2
PURPOSE:
The purpose of this policy is to acknowledge that in order to support recycling and to minimize environmental impacts, the City of Fontana will purchase recycled content and environmentally preferred products whenever practicable The City of Fontana recognizes our employees canmake a difference towards improving environmental quality. All departments shall, whenever possible, purchase recycledproductstomeettheirneeds. Thispolicyis enactedtodemonstratecompliancewith theWasteManagement ReductionActandtofostermarketdevelopmentfor recycledproducts Nothing in this policy shall be construed as requiring a department to procure products that do not perform adequately fortheirintended use ornot available at a reasonable price in a reasonable period oftime.
DEFINITIONS:
• “City” means City of Fontana
• “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that wouldotherwise become solid waste, andreturning themto the economic mainstream intheform ofraw materialfornew,reused, orreconstituted productsthatmeetthe quality standards necessary to be used in the marketplace.
• “WastePrevention” meansanyactionundertakenbyanindividualororganizationtoeliminateorreduce the amount or toxicity of materials before they enter the municipal solid waste stream. This action is intended to conserve resources, promote efficiency, and reduce pollution. • “Practicable” means sufficient in performance and available at a reasonable price and within a reasonable time.
• “Environmentally Preferable Products” means productsthat have a lesser orreduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparisonmayconsiderrawmaterialsacquisition,production,manufacturing,packaging,distribution, reuse, operations and/or disposal of the product.
• “Post-consumer Recycled Materials” meansa finished materialthat would normally be derived of as a solid waste,havingcompleted itslifecycleasaconsumeritem. Examplesofpost-consumerrecovered materials include, but are not limited to, old newspapers, office paper, green waste, steel and/or aluminum cans, glass, plastic bottles, oil, asphalt, concrete, and tires. “RecycledProducts” meansmaterials andproductsthathasbeenrecoveredordivertedfromthewaste streamand have beenutilizedinplace ofraworvirginmaterial inmanufacturing aproduct. Itisderived frompost-consumer waste(materialthathasserveditsintendedend-useandbeendiscardedbyafinal consumer), industrialscrap, manufacturing waste, agricultural waste and/or otherwastematerialthat otherwise would not have beenused. “Recovered organic waste products” means products made from California, landfill-diverted recovered organic waste processed at a permitted or otherwise authorized operation or facility. “Virgin Material” meansanymaterial occurring inits natural form. Virgin Material is used inthe form of raw 441
material in the manufacture of newproducts.
GENERALPOLICY:
1. The City of Fontana commits to procure environmentally preferable products and services where criteria have been established by governmental or otherwise recognized authorities (e g. Energy Star)
2. All departments shall use recycled products whenever practicable. Special emphasis shall be placed on the purchase of products manufactured with post-consumer recycled materials.
3. All departments may at their option with the Purchasing Division’s concurrence require procurement of designated recycled products, recovered organic waste products, or recycled products about the levels required by this policy.
4. The City of Fontana shall require its contractors and consultants to use and specify recycled and recovered organic waste products in fulfilling contractual obligations whenever practicable.
5. The City of Fontana Management Services Department with support from the Public Works Department will implement this procedure by establishing a list of recycled and recovered organic waste products that shall be purchased by all Departments of the City of Fontana whenever practicable and will develop a mechanism for maintenance additions and deletions to the list of recycled products available for procurement. Maintenance of this list will include the addition of new products containing recycled and recovered organic waste materials as they become available. Specifications of these new products and their suggested use will be made available to all departments through the intranet. The Environmental Control Division of the Public Works Department will also work with all departments to establish minimum recycled content standards for designated recycled products to maximize recycled product availability, recycled content, and competition.
Recovered organic waste products shall comply with 14 CCR Division 7. Department of Resources Recycling and Recovery, Chapter 12. Short-Lived Climate Pollutants, Article 12. Procurement of Recovered Organic Waste Products.
6. The City of Fontana will make resource conservation and waste reduction an integral part of its waste reduction and recycling program. The practice of discarding materials in all City facilities is wasteful of natural resources energy and money.
7. The City will integrate the concept of resource conservation including waste reduction and recycling into its environmental programs. All city departments and divisions shall practice waste prevention and recycling.
8. The City will decrease the amount of waste of consumable materials by reducing the consumption of consumable materials whenever possible and by fully utilizing all materials prior to disposal and continued minimizing the use of non-biodegradable products wherever possible.
9. The City will cooperate with and participate in recycling efforts being made by the City and County. As systems for recovering waste and recycling develop within the City, the City will participate by appropriately separating and allowing recovery of recyclable waste products.
10. The City will purchase, where financially viable, recycled and recovered organic waste products. The City will also encourage suppliers, both private and public, to make recyclable products and unbleached paper products available for purchase.
11. The city of Fontana shall solicit the use of recycled content, recovered organic waste products, and other environmentally preferred products in its procurement documents. Contractors shall certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and 442
Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website
11. 12. Representatives of the City will actively advocate, where appropriate, for resources conservation practices to be adopted by the local, regional, and national levels. ________________________________________________________________________________________________ 443
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2835 Agenda Date: 2/27/2024
Agenda #: O. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Approve Funding Agreement Between OmniTrans and the Fontana Police Department RECOMMENDATION:
1. Approve a Funding Agreement Between OmniTrans and the City of Fontana Police Department for security guard services for sixteen (16) months with an additional one year agreement as long as it remains in the best interest of the city.
2. Authorize the City Manager or his designee to sign all related agreement documents including extensions or modifications for the security services as outlined in the funding agreement.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
DISCUSSION:
The City currently provides Security Guard Services to the Fontana Metrolink Stations and will add one additional Security Officer to provide services to OmniTrans directly. The City contracts with American Global Security for security guard services at the Fontana Metrolink Station and other city facilities. The additional Security Officer will provide security services directly to employees, buses, and passengers at the Fontana Metrolink Station.
City of Fontana will serve as an independent contractor to OmniTrans. The City of Fontana will retain the right to exercise full responsibility for the supervision of the project, and over the employment, direction, compensation, and discharge of all persons assisting in the performance of the work funded by this agreement.
The term of the Funding Agreement is for the period commencing March 1, 2024 through June 30, 2025 with the option to renew for a one (1) year term. The Funding Agreement was reviewed by the City Attorney’s office. There is no cost to the city. (See the attached Funding Agreement for a detailed breakdown by year.)
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $233,000 and is included in the current 2023-24 budget and will be funded by OmniTrans.
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File #: 21-2835 Agenda Date: 2/27/2024
Agenda #: O. Category: Consent Calendar
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 2/22/2024
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1 FUNDING AGREEMENT
BETWEEN
OMNITRANS
AND
CITY OF FONTANA POLICE DEPARTMENT
This Funding Agreement (“Agreement”) by and between City of (“City of Fontana”), and Omnitrans, a Joint Powers Authority and a Consolidated Transportation Services Agency (“Omnitrans”), is entered into this ____ day of _______________, 2024. City of Fontana and Omnitrans are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, Omnitrans proposes, Fontana Metrolink Station Security Guard Service (“Project”); and
WHEREAS, Omnitrans desires to provide Local/State assistance funds to City of Fontana, on a reimbursable basis, for additional Security Guard for the Project; and WHEREAS, the Parties wish to enter into this Agreement to document the terms and conditions of Omnitrans funding of the Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Project Description: Fontana Metrolink Station at 6777 Orange Way, Fontana, California Security Guard Service; City of Fontana will add one (1) additional Security Officer under the existing City of Fontana’s Security Service contract (SP-92-CW-22) to the Fontana Metrolink Station. This additional Security Officer will provide security services directly to the Omnitrans employees, buses, and passengers at the Fontana Metrolink Station. Hours of operation will be consistent with the existing Security Officer, 15 minutes before the first Metrolink train until 15 minutes after the last train, seven days per week. Incident reports completed by any Security Officer working at Fontana Metrolink Station related to bus operations or Omnitrans personnel and equipment will be forwarded to Omnitrans’ Security Specialist, or designee, as soon as reasonable after the event but no more than one day of the event.
2. Term: This Agreement will be for a term of sixteen (16) months beginning March 1, 2024 and shall expire on June 30, 2025, unless otherwise terminated as provided for in this Agreement or extended by written agreement between the Parties. No later than December 31, 2024, the Parties will meet to discuss and evaluate the performance of the Project, and decide whether to extend the agreement for an additional year. 446
2 3. Funding Amount: The amount to be paid to the City of Fontana under this Agreement will not exceed $233,000 in operating expenses, with annual not to exceed amounts of $58,000 in Fiscal Year 2024, and $175,000 in Fiscal Year 2025. No capital expenses shall be included unless agreed to in advance by the parties pursuant to a written amendment. In no instance will Omnitrans be liable for any payments or costs for work in excess of these amounts.
4. Payment:
a. On a monthly basis, City of Fontana will provide Omnitrans with an invoice for reimbursement pursuant to Subsections 4.b. below.
b. Payments for operating expenses to City of Fontana hereunder will be made in arrears. City of Fontana will submit a detailed and properly documented invoice for reimbursement submitted only once a month,, which invoice will include: (i) a description of the work performed; and (ii) a detailed accounting of costs incurred. c. Omnitrans will notify the City of Fontana within ten (10) business days following receipt of its invoice by Omnitrans of any circumstances or data in City of Fontana’s invoice that would cause withholding of approval and subsequent payment. City of Fontana’s invoice will include documentation of reimbursable expenses and billed items , to substantiate billings. Omnitrans reserves the right to withhold payment of disputed amounts.
d. At no time shall payments from Omnitrans be used to supplant any existing funding source for City of Fontana’s Security Services contract SP-92-CW-22 providing security service at Fontana Metrolink Station. . City of Fontana shall notify Omnitrans of any potential loss of funding for the existing City of Fontana services within ten (10) business days of learning of the funding loss.
5. Compliance with Laws: City of Fontana will comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation: (i) all regulatory requirements associated with the funding provided to the City of Fontana for this Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity laws. Any failure by City of Fontana to comply with such laws may result in the termination of this Agreement or such other remedy as Omnitrans deems appropriate.
6. Independent Contractor: City of Fontana, and the agents and employees of City of Fontana, in the performance of this Agreement, will act as and be independent contractors, and not officers, employees, or agents of Omnitrans. City of Fontana, its officers, employees, agents, and contractors, if any, will have no power to bind or commit Omnitrans to any decision or course of action, and will not represent to any person or business that they have such power.
City of Fontana has and will retain the right to exercise fully responsibility for the supervision of the Project, and over the employment, direction, compensation, and discharge of all persons 447
3 assisting in the performance of the work funded by this Agreement. City of Fontana will be solely responsible for all matters relating to the payment of its employees and contractors, including but not limited to, compliance with all laws, statutes, and regulations governing such matters.
7. Termination:
a. Omnitrans may terminate this Agreement for cause by giving City of Fontana a notice of default and intention to terminate the Agreement (“Termination Notice”). The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to City of Fontana at the address indicated in Section 18 below.
b. Upon receipt of a Termination Notice, City of Fontana shall have 30 days in which to cure the stated violation(s) and to provide to Omnitrans evidence that the violations have been cured. If City of Fontana has not cured within 30 days of such notice, or has not provided sufficient evidence of such to Omnitrans, the Agreement shall be terminated, effective immediately.
c. Omnitrans may also terminate this Agreement in the event of funding shortfall, upon 15 days written notice. Such notice will be served and effective as set forth in Subsection 8.a., herein.
d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for City of Fontana’s Project or the failure to provide notice to Omnitrans of such funding shortfall, as required pursuant to section 4.d. In the event City of Fontana fails to provide the notice required pursuant to section 4.d., Omnitrans is not required to give City of Fontana an opportunity to cure such violation.
e. If Omnitransissues a Termination Notice or terminates this Agreement due to a funding shortfall, Omnitrans will reimburse City of Fontana for work actually performed up to the effective date of the Termination Notice, subject to the limitations in Section 4, and less any compensation to Omnitrans for damages suffered as a result of City of Fontana’s failure to comply with the terms of this Agreement. f. City of Fontana will have the right to terminate this Agreement in the event Omnitrans is unable to make required payments. In such event, City of Fontana will provide Omnitrans with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to Omnitrans at the address indicated in Section18. Omnitrans will make payment to City of Fontana through the date of termination..
8. Dispute Resolution:
448
4 a. Any disputes or disagreements arising from or related to this Agreement shall be resolved through good faith negotiations between authorized representatives of both Parties. b. If the Parties are unable to resolve the dispute through negotiation, they agree to engage in mediation. A neutral third party mediator, agreed upon by both Parties, shall facilitate the mediation process. The cost of the mediator shall be shared equally by both Parties. c. If mediation does not lead to resolution within a reasonable period, the Parties may seek resolution through arbitration. The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration association agreed upon by both Parties. d. Nothing in this clause shall prevent either party from seeking interim injunctive relief from a court of competent jurisdiction if deemed necessary to protect its rights. e. Both parties agree that the outcome of any dispute resolution process, whether through negotiation, mediation, or arbitration, shall be final and binding upon them.
9. Performance Monitoring:
a. City of Fontana shall provide regular performance updates to Omnitrans, outlining progress made on the Program. These updates shall be submitted on a monthly basis and will include key milestones achieved, incidents reported, and any challenges encountered. b. Omnitrans reserves the right to conduct periodic reviews of the Project's performance, effectiveness, and compliance with the terms of this Agreement. These reviews may include site visits, meetings, and evaluations as deemed necessary by Omnitrans. c. In the event that either party identifies performance issues, both Parties agree to collaborate in good faith to address and resolve such issues in a timely manner. Should performance concerns persist, the Parties will meet to discuss potential remedies and adjustments to ensure the project's successful execution.
10. Assignment: The Parties understand that Omnitrans entered into this Agreement with City of Fontana. Therefore, without the prior express written consent of Omnitrans, this Agreement is not assignable by City of Fontana either in whole or in part.
11. Binding Agreement: This Agreement will be binding on the Parties hereto, their assigns, successors, administrators, executors, and other representatives.
12. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the Parties hereto. 449
5 13. Contractors and Subcontractors: City of Fontana will be fully responsible for all work performed by its contractors and subcontractors. Omnitrans reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement in excess of $25,000. City of Fontana shall incorporate the terms of this Agreement, including without limitation the indemnification and insurance provisions, into any subcontractor agreement funded by this Agreement.
14. Indemnification. City of Fontana shall defend, indemnify and hold Omnitrans, its directors, officials, officers, employees, agents and/or volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of City of Fontana or any of its directors, officials, officers, employees, agents, volunteers, or service providers arising out of or in connection with City of Fontana’s performance of this Agreement, including, without limitation, the payment of consequential damages and attorneys' fees. Further, City of Fontana shall defend, at its own expense, including the payment of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any legal action based upon such acts, omissions or willful misconduct. City of Fontana shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
15. Insurance. City of Fontana shall require all contractors or consultants hired to perform work or services on the Project to obtain, and require their sub-consultants and sub-contractors to obtain, insurance of the City of Fontana and in the amounts described below and satisfactory to Omnitrans. City of Fontana may satisfy its insurance obligations herein through participation in a program of self-insurance. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. Upon request, City of Fontana will provide written certificates evidencing compliance to Omnitrans. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit.
b. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
16. Audit: An independent auditor shall audit City of Fontana’s use of Project funds no less than annually. City of Fontana agrees to supply Omnitrans with a copy of any audit of Project related activities performed.
17. Retention and Inspection of Records
450
6 a. City of Fontana, including any contractors or subcontractors, will retain all State licenses required to legally perform Security Guard duties in the State of California. b. Omnitrans or its designee will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials pertaining to performance of this Agreement (collectively “Records”), including any Records in the possession of any contractors or subcontractors. City of Fontana agrees to provide Omnitrans or its designee with any relevant information requested and will permit Omnitrans or its designees access to its premises, upon thirty days notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable federal and state laws and regulations.
c. City of Fontana further agrees to maintain all Project Records for a period of four (4) years after final payment under the Agreement or four (4) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If so directed by Omnitrans upon expiration of this Agreement, City of Fontana will cause all Records relevant to the Project to be delivered to Omnitrans as depository.
18. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All notices and communications, including invoices, between the Parties to this Agreement shall be either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight express delivery service, postage or other charges fully prepaid, as follows:
TO OMNITRANS: TO City of Fontana:
Omnitrans 8353 Sierra Avenue
1700 West Fifth Street Fontana, CA 92335
San Bernardino, CA 92411 ATTN: Sid Lambert
ATTN: CEO/GM
19. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of the Parties to enforce at any time the provisions of this Agreement or to require at any time performance of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Parties to enforce these provisions.
20. Litigation: The Parties will notify immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement , and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Parties. 451
7 21. Non-Liability of Omnitrans: Omnitrans shall not be liable to City of Fontana or any third party for any claim for loss of profits or consequential damages. Further, Omnitrans shall not be liable to City of Fontana or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement. There are no third-party beneficiaries to this Agreement
22. Costs and Attorneys’ Fees: If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys’ fees.
23. Governing Law and Choice of Forum: This Agreement will be administered and interpreted under California law as if written by both Parties. Any litigation arising from this Agreement will be brought in the Superior Court of San Bernardino County.
24. Integration: This Agreement represents the entire understanding of Omnitrans and City of Fontana as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 13.
25. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable.
26. Headings: The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement.
27. Authority: Each person signing this Agreement on behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement.
28. Ownership; Permission: Omnitrans represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials, are either produced or owned by City of Fontana or that all required permissions and license agreements have been obtained and paid for by City of Fontana. City of Fontana will defend, indemnify and hold harmless Omnitrans and its directors, officers, 452
8 employees, and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing representation and warranty.
29. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument.
30. Press Releases: Parties will obtain ' prior written approval of any press releases, or other public outreach materials, that include any reference to both Parties or depiction of the Parties logo.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above.
By:
_________________________ ___________________________
Erin Rogers NAME
CEO/General Manager TITLE
Omnitrans City of Fontana
Approved as to form:
_________________________ _____________________________ Omnitrans Legal Counsel Legal Counsel of City of Fontana 453
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2847 Agenda Date: 2/27/2024
Agenda #: P. Category: Consent Calendar
FROM:
Administrative Services
SUBJECT:
Translation Services Policy
RECOMMENDATION:
Approve Translation Services Policy
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
DISCUSSION:
The City of Fontana recognizes its diverse population, including residents who may not be proficient in English. To ensure equitable access to critical city services and information for all residents, its recommended that the City Council consider implementing a Non-English Translation Services Policy. This policy aims to establish guidelines and procedures for providing translation services in languages other than English for the priority areas of public safety, due process, property owner rights, compliance, and essential city services.
Identification of the language(s) to prioritize translation services will be based on US Census Data and the American Community Survey data. The 2020 Census Data and the 2021 American Community Survey (ACS) indicate that 15.1% of Fontana households have a Limited English Proficiency, with the primary language spoken in the home being Spanish. All other non-English primary languages were below 2% of the population in these data.
The implementation of this policy may require additional funding to procure translation services, train bilingual staff, and conduct outreach efforts.
It is recommended that the City Council approve the proposed Translation Services Policy to demonstrate the City's continued commitment to inclusivity, accessibility, and equitable service delivery for all residents.
FISCAL IMPACT:
The city anticipates an annual increase in costs related to translations services to be approximately $6000 per year. The budget for these services will be included in future budget requests as these City of Fontana Page 1 of 2 Printed on 2/22/2024
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services are finalized or extended.
MOTION:
Approve the Translation Services Policy.
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City of Fontana
POLICY AND PROCEDURES
Subject: Non-English Translation Services Policy Page
1 of 3
Section
Effective Date
2/27/2024
Issued Date
Approval Date:
General Policy
This policy outlines the principles, guidelines, and procedures for translation services to meet the needs of residents who may speak languages other than the English. Identification of the language(s) to prioritize translation services is based on the 2020 Census Data and the 2021 American Community Survey (ACS) which indicate that 15.1% of Fontana households have a Limited English Proficiency, with the primary language spoken in the home being Spanish. All other non-English primary languages were below 2% of the population in these data.
Section 1 Definitions
The City of Fontana Translation Policy aims to ensure clear and inclusive communication with all residents, regardless of their primary language. This policy outlines the principles and procedures for translation services to facilitate access to information and services for all community members.
A. Inclusivity: City of Fontana is committed to inclusivity, recognizing the linguistic diversity of its residents. Translation services will be provided to communicate essential information in multiple languages.
B. Accessibility: Information vital to public safety, community engagement, due process and property owner rights, and compliance will be made accessible through translation services.
Efforts will be made to ensure translations are accurate, culturally sensitive, and appropriate for the target audience.
C. Equity: All residents have the right to access city services and information in a language they understand. Translation services will be provided to eliminate language barriers and promote equity.
Section 2 General Scope
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City of Fontana
POLICY AND PROCEDURES
Subject: Non-English Translation Services Policy Page
2 of 3
Section
Effective Date
2/27/2024
Issued Date
Approval Date:
A. Priority Areas: Priority will be given to translating information related to public safety, due process, property owner rights, compliance, and essential city services. These include General Plan Amendments, Zoning Amendments, Moratoriums, fines, penalties, and fee increases.
B. Official Documents: Certain documents related to the priority areas, and important public notices will be translated into key languages to ensure understanding and compliance.
C. Online Presence: The city's website can be natively translated into multiple languages. The city will continue to leverage technology that expands the use of closed captioning and translation services for additional online content as the technology becomes available.
Section 3 Procedures
A. Language Assessment: Regular assessments will be conducted to identify the linguistic needs of the community. The results will guide the selection of languages for translation services.
B. Translation Partnerships: Collaborations with reputable translation services or community organizations will be established to ensure accurate and culturally sensitive translations.
C. Community Input: Community feedback will be actively sought to improve the effectiveness and relevance of translation services. Regular surveys and forums will be conducted to understand the evolving needs of the community.
D. Ad hoc translation services: A significant portion of City Staff have been tested and certified for comprehensive language skills, both written and oral, to support ad hoc translation services as needed at city facilities.
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City of Fontana
POLICY AND PROCEDURES
Subject: Non-English Translation Services Policy Page
3 of 3
Section
Effective Date
2/27/2024
Issued Date
Approval Date:
Section 4 Implementation
1. Budget Allocation: Adequate budgetary provisions will be made to support the implementation of translation services.
2. Training: City staff involved in communication and customer service will receive training on the importance of translation services, cultural sensitivity, and best practices in inclusive communication.
3. Regular Evaluation: The translation policy will be periodically reviewed and updated based on feedback, changing demographics, and evolving community needs. 458
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2850 Agenda Date: 2/27/2024
Agenda #: Q. Category: Consent Calendar
FROM:
Administrative Services
SUBJECT:
Approve Resolution Opposing Initiative #21-0042A1, a November 2024 Statewide Ballot Proposition.
RECOMMENDATION:
Approve Resolution No. 2024-009, Opposing Initiative #21-0042A1, a November 2024 statewide ballot proposition.
COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Practice sound fiscal management by developing long-term funding and debt management plans.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
DISCUSSION:
Initiative #21-0042A1 is a November 2024 statewide ballot proposition. The measure is a significant threat to local control and voters’ rights that could jeopardize funding for vital services.
This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services.
The measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, services to support parks, and much more.
The measure is also an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund local services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent.
Furthermore, the measure contains intentionally vague and restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments - costing taxpayers millions and blocking investments, development and long-term planning.
FISCAL IMPACT:
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Agenda #: Q. Category: Consent Calendar
Unknown at this time but has the potential to significantly limit the city’s ability to raise revenue in the future.
MOTION:
Approve resolution opposing Initiative #21-0042A1, a November 2024 statewide ballot proposition.
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RESOLUTION NO. 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA OPPOSING INITIATIAVE #21-0042A1 “THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT" STATE
BALLOT MEASURE RESTRICTING VOTERS' INPUT AND LOCAL TAXING AUTHORITY.
WHEREAS, an association representing California’s wealthiest corporations is spending tens of millions of dollars to promote a deceptive ballot measure currently eligible for the November 2024 statewide ballot; and
WHEREAS, the measure creates constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services; and WHEREAS, the measure threatens billions of dollars every year in local government funding for services like fire and emergency response, law enforcement, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure is an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure contains intentionally restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments – costing taxpayers many millions and stopping investments in vital local services; and WHEREAS, the measure would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure is opposed by hundreds of local governments, teachers, firefighters, working families and local elected officials.
THEREFORE, BE IT RESOLVED that the City of Fontana, California opposes Initiative #21-0042A1;
BE IT FURTHER RESOLVED, that the City of Fontana, California will join the “Stop the Corporate Tax Trick” coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
461
APPROVED AND ADOPTED the 27th day of February, 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 27th day of February, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
462
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2811 Agenda Date: 2/27/2024
Agenda #: A. Category: New Business
FROM:
Finance
SUBJECT:
Fiscal Year 2023-24 Midyear Budget Status Report
RECOMMENDATION:
Approve the recommended Fiscal Year 2023-24 Midyear Budget adjustments.
COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Operate in a businesslike manner by correcting problems immediately. · 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 fully funding liabilities and reserves. · 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.
DISCUSSION:
The City’s budget is an important policy document, serving as the annual financial plan that identifies the spending priorities for the organization. Quarterly budget status reports are developed and presented to the City Council to provide the most current information on the financial activities of the City upon which to base decisions. Additionally, quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as gauging the City’s budget plan as compared to actual revenue and expenditures. This report includes requested departmental budget adjustments and preliminary year-to-date actuals through Midyear of Fiscal Year 2023-24, covering the period through December 31, 2023.
The current citywide Fiscal Year 2023-24 budget is comprised of a total of 200 funds including the General Fund, Other General Funds (10 funds), Special Revenue Funds (135 funds), Enterprise City of Fontana Page 1 of 7 Printed on 2/22/2024
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Agenda #: A. Category: New Business
General Fund, Other General Funds (10 funds), Special Revenue Funds (135 funds), Enterprise Funds (5 funds), Capital Project Funds (36 funds), a Debt Service Fund, an Internal Service Fund, and Other Agency Funds (11 funds). The current total citywide Fiscal Year 2023-24 budget (excluding other agency funds) includes total uses (expenditures and transfers out) for all City funds of $557.1 million and total sources (revenues and transfers in) of $423.1 million. The Recommended Budget includes an increase in total sources of $46.1 million for a total of $469.2 million and an increase in total uses of $100.3 million for a total of $657.4 million. 2023-24 Budget
All City Fund
Proposed
Current Revisions Recommended
Revenues $ 378,867,495 $ 13,655,035 $ 392,522,530
Transfers In $ 44,252,060 $ 32,403,199 $ 76,655,259
Total Sources $ 423,119,555 $ 46,058,234 $ 469,177,789
Expenditures $ (512,851,727) $ (67,872,814) $ (580,724,541) Transfers Out $ (44,252,060) $ (32,403,198) $ (76,655,258) Total Uses $ (557,103,787) $ (100,276,012) $ (657,379,799) Results from Operations $ (133,984,232) $ (54,217,778) $ (188,202,010)
GENERAL FUND
The current Fiscal Year 2023-24 General Fund Operating Budget includes total uses of $165.6 million and total sources of $159.3 million. The Recommended Budget includes an increase in total sources of $1.1 million for a total of $160.4 million and an increase in total uses of $15.7 million for a total of $181.3 million. The requested expenditure and transfers out adjustments of $15.7 million, include personnel expenses of $835,342, recurring expenditures of $924,155, one-time expenditures of $13.1 million, and off-setting adjustments of $832,000. 2023-24 Budget
General Fund (Fund 101)
Proposed
Current Revisions Recommended
Revenues $ 146,959,320 $ 1,082,328 $ 148,041,648
Transfers In $ 12,329,200 $ 51,815 $ 12,381,015
Total Sources $ 159,288,520 $ 1,134,143 $ 160,422,663
Expenditures $ (135,402,555) $ (5,403,516) $ (140,806,071) Transfers Out $ (30,185,494) $ (10,265,023) $ (40,450,517) Total Uses $ (165,588,049) $ (15,668,539) $ (181,256,588) Results from Operations $ (6,299,529) $ (14,534,396) $ (20,833,925) Notable Changes
· Revenue Adjustments - an increase in revenues of $1.1 million primarily due to anticipated Cannabis business sales tax ($274,828) and business-related revenue from the business City of Fontana Page 2 of 7 Printed on 2/22/2024
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Agenda #: A. Category: New Business
Cannabis business sales tax ($274,828) and business-related revenue from the business license compliance program ($832,000).
· Personnel Requests (recurring) - an increase in appropriations of $835,342 for new fulltime and part-time positions, and increased overtime budget. o Increase in appropriations of $422,227 for new full-time positions (detailed below in Organizational Changes).
o Increase appropriations of $330,095 for six months of cafeteria plan and heath cost increases.
· One-time Requests - Increase appropriations in various operating accounts of $13.1 million to fund one-time expenditures and operating transfers out. Notable requests include:
o Fund Balance and Reserve Policy - Increase in transfers out of $10.3 million primarily to fund road improvements ($4.7 million) and prefund the CalPERS retirement UAL ($4.7 million).
o City Administration - Increase appropriations of $1,126,060 for BB&K legal fees. o Public Works & Engineering - Increase appropriations of $1,022,710 for various park improvements, maintenance, and consulting services.
· Recurring Requests - Increase in appropriations of $ 924,155 in various operating accounts to fund one-time expenditures and operating transfers out primarily due to an increase in appropriations of $773,940 for BB&K legal fees.
· Offsetting Requests - Increase in appropriations of $832,000 for the associated costs of the business license compliance program.
Fund Balance Analysis
The recommended 2023-24 ending fund balance of $50.5 million reflects a decrease of $13.6 million. Included in the fund balance are total operating reserves of $33.1 million which reflects 25% of recurring annual expenditures.
2023-24 Budget
General Fund Balance
Proposed
Current Revisions Recommended
Reserved $ 407,053 $ - $ 407,053
Designated
PERS Rate Stability $ 10,694,317 $ - $ 10,694,317
Contingencies $ 33,087,836 $ - $ 33,087,836
Annual Shelter JPA $ - $ 800,000 $ 800,000
Operating Contingencies $ - $ 3,000,000 $ 3,000,000
Settlements $ - $ 2,500,000 $ 2,500,000
Unappropriated $ 19,861,791 $ (19,861,791) $ -
Ending Fund Balance $ 64,050,997 $ (13,561,791) $ 50,489,206 Notable fund balance changes are:
· Beginning Fund Balance Adjustment - Increase in beginning fund balance of $972,605 to City of Fontana Page 3 of 7 Printed on 2/22/2024
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Agenda #: A. Category: New Business
adjust for prior year final fund balance.
· Animal Shelter JPA - Establishment of the Animal Shelter JPA reserve of $800,000 to fund the development of the animal shelter.
· Operating Contingencies - Establishment of the Operating Contingencies of $3.0 million per the new fund balance and reserve policy.
· Settlements - Establishment of reserves to fund an increase in anticipated settlements of $2.5 million.
· Unappropriated - Decrease in the unappropriated fund balance of $19.9 million to establish the fund balance reserves as indicated above and to fund the road improvements and CalPERS UAL prefunding plan per the new fund balance and reserve policy.
OTHER GENERAL FUNDS
Other General Funds includes a total of 10 funds which are funded by the General Fund for services that support the City’s general operations. The most notable funds include City Technology, Facility Maintenance, Self-Insurance, Retiree Medical Benefits, and General Fund Operating Projects.
The current 2023-24 Other General Funds Operating Budget includes total uses of $33.1 million and total sources of $32.6 million. The Recommended Budget includes an increase in total sources of $5.3 million for a total of $37.9 million and an increase in total uses of $18.6 million for a total of $51.7 million.
2023-24 Budget
Other General Funds
Proposed
Current Revisions Recommended
Revenues $ 14,163,611 $ 491,666 $ 14,655,277
Transfers In $ 18,432,116 $ 4,787,543 $ 23,219,659
Total Sources $ 32,595,727 $ 5,279,209 $ 37,874,936
Expenditures $ (33,041,439) $ (11,259,459) $ (44,300,898) Transfers Out $ (62,556) $ (7,351,815) $ (7,414,371)
Total Uses $ (33,103,995) $ (18,611,274) $ (51,715,269) Results from Operations $ (508,268) $ (13,332,065) $ (13,840,333) Notable Changes
· City Technology - Increase in appropriations of $563,309 primarily to due to costs associated with an Enterprise agreement due to a vendor change.
· Self-Insurance - Increase in appropriations of $5.5 million for settlement claims, legal services, and pending settlements.
· Supplemental Retirement - Increase in appropriations of $4.7 million due to the CalPERS UAL prefunding per the fund balance and reserve policy.
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File #: 21-2811 Agenda Date: 2/27/2024
Agenda #: A. Category: New Business
OTHER CITY FUNDS
Other City Funds includes a total of 178 funds which Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service Funds.
The current 2023-24 Other City Funds Operating Budget includes total uses of $358.4 million and total sources of $231.2 million. The Recommended Budget includes an increase in total sources of $39.6 million for a total of $270.9 million and an increase in total uses of $66.0 million for a total of $424.4 million. The impact of the adjustments is a $26.4 million net decrease in fund balance. 2023-24 Budget
Other City Funds
Proposed
Current Revisions Recommended
Revenues $ 217,744,564 $ 12,081,041 $ 229,825,605
Transfers In $ 13,490,744 $ 27,563,841 $ 41,054,585
Total Sources $ 231,235,308 $ 39,644,882 $ 270,880,190
Expenditures $ (344,407,733) $ (51,209,839) $ (395,617,572) Transfers Out $ (14,004,010) $ (14,786,360) $ (28,790,370) Total Uses $ (358,411,743) $ (65,996,199) $ (424,407,942) Results from Operations $ (127,176,435) $ (26,351,317) $ (153,527,752) Notable Changes
· Special Revenue Funds - Increase in fund balance of $115,157 primarily due to:
o Measure I 2010-2040 Local (Fund 246) - Increase appropriations of $330,500 for testing, maintenance, materials, equipment, and labor for Street Striping, Traffic Controller, and Traffic Signal Maintenance items.
o Solid Waste Mitigation (Fund 282) - Increase appropriations of $300,000 for storm drain pipe repairs.
o ARPA - City (Fund 302) - Decrease appropriations of $2.0 million to correct project budget carry over amounts.
o State COPS AB 3229 (Fund 322) - Increase revenues of $315,700 based on the ELEAS FY23/24 state report.
o CFD’s (Funds 395 thru 512)
• Increase appropriations of $472,800 for park improvements, equipment, materials, and installation.
• Increase appropriations of $487,430 for landscape and pool maintenance services contract increases.
· Capital Project Funds - Decrease in fund balance of $25.0 million primarily due to:
o Capital Reinvestment (Fund 601)
• Increase appropriations of $15,802,052 for auto center sign refurbishment, Stage Red renovations, City Hall Renovation Phase II, Randall Ave Street improvements, Downtown West Parking Structure, and Co-op Workspace City of Fontana Page 5 of 7 Printed on 2/22/2024
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File #: 21-2811 Agenda Date: 2/27/2024
Agenda #: A. Category: New Business
improvements, Downtown West Parking Structure, and Co-op Workspace improvements.
• Net fund balance increase of $2.8 million.
o Capital Improvement (Fund 602)
• Increase appropriations of $8.8 million for Revolving Loan Fund (RLF) Business initiative and Downtown revitalization property purchases. • Net fund balance increase of $1.2 million.
o Storm Drain (Fund 622)
• Increase appropriations of $1.8 million for storm drain improvements at the Courtplace Apartments.
o Circulation Mitigation (Fund 630)
• Increase appropriations of $648,000 for Courtplace Apartments construction contract.
• Increase appropriations of $490,000 for balance owed to SBCTA for I-10 Citrus Interchange.
• Increase appropriations of $642,000 for Foothill Blvd between Hemlock Ave and Almeria Ave Right of Way Purchase.
o General Government (Fund 632) - Increase appropriations of $11.0 million for Downtown West Parking Structure project.
o Parks Development (Fund 635)
• Increase appropriations of $200,000 for the Veteran’s Park Dog Park and Action Park Admin Costs in design.
o Police Capital Facilities (Fund 636) - Decrease appropriations of $221,928 for Captain Office Remodel project close out.
o CFD #100 Victoria (Fund 673) - Increase revenues of $5.1 million for bond proceeds received.
· Enterprise Funds - Decrease in fund balance of $1.4 million primarily due to:
o Sewer Capital Projects (Fund 702) - Increase in appropriations of $294,000 for sewer improvements at Courtplace Apartments.
o Sewer Replacement (Fund 703) - Increase in appropriations of $460,936 to fund Pump Station Improvement Project.
o Stage Red (Fund 720) - Increase in appropriations of $500,000 to establish the enterprise fund for Stage Red.
· Internal Service Funds (Fleet) - Decrease in fund balance of $98,387 due to vehicle purchases.
ORGANIZATIONAL CHANGES
Included in the 2023-24 Midyear Budget Status Report are organizational changes that are summarized at the departmental level below. The net impact of all requests is an increase of $466,653 ($422,227 General Fund increase and $44,426 Other Funds increase).
· City Administration - General Fund increase of $55,435 o Add one (1) Management Analyst II
· Innovation & Tech - General Fund increase of $44,719
o Add one (1) IT Systems Technician
· Development Services Admin - General Fund increase of $49,131; Other Fund increase $16,988 o Add one (1) Management Analyst I
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Agenda #: A. Category: New Business
o Add one (1) Environmental Control Technician
o Eliminate (1) Part-time Office Assistant
· Building & Safety - General Fund decrease of $88,946
o Add one (1) Building Inspector II
o Add one (1) Senior Code Enforcement Inspector
· Public Works & Engineering - General Fund increase of $89,150; Other Funds increase of $27,438 o Add one (1) Engineering Technician II
o Add one (1) Public Works Inspector
o Add one (1) Traffic Signal Maintenance Technician II
o Reclass one (1) Equip Operator I to Equip Operator II o Add one (1) Administrative Clerk II
o Eliminate one (1) Part-time Intern II
o Downgrade one (1) Assistant Eng to Engineering Tech II o Add one (1) Administrative Analyst II
o Eliminate one (1) Administrative Technician
o Reclass one (1) Assistant Eng to Associate Engineer
o Eliminate one (1) Part-time GIS Intern II
· Police - General Fund increase of $94,846
o Add two (2) Police Dispatcher II
o Add one (1) Part-time Background Investigator
FISCAL IMPACT:
The fiscal impact associated with this item is summarized below and details are provided in Midyear Budget Status Report.
Sources
Inc/(Dec)
Uses
(Inc)/Dec
Fund Bal Impact
Icr/(Dec)
General Fund $ 1,134,143 $ (15,668,539) $ (14,534,396)
Other General Funds $ 5,279,209 $ (18,611,274) $ (13,332,065) Other City Funds $ 39,644,882 $ (65,996,199) $ (26,351,317) Total $ 46,058,234 $ (100,276,012) $ (54,217,778)
The General Fund projected ending fund balance reflects a net decrease of $13.6 million to a total of $50.5 million because of prior year operations and the net impact of the recommended budget adjustments.
MOTION:
Approve staff recommendation.
City of Fontana Page 7 of 7 Printed on 2/22/2024
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Midyear Budget Status Report
Fiscal Year 2023/2024
*Compared to same period prior fiscal year
Quick Look Indicators Midyear* See Page
Revenues 34
Expenditures 35
Fund Balance 36