Fontana City Council
September 10, 2024

Printed 06/11/2024
PlanetBids
595
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
596
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
597
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
598
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
599
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
600
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
601
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
602
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
603
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
604
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
605
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
606
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
607
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
608
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
609
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
610
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
611
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
612
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
613
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
614
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
615
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
616
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
617
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
618
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
619
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
620
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
621
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
622
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
623
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
624
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
625
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
626
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
627
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
628
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
629
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
630
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
631
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
632
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
633
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
634
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
635
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
636
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
637
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
638
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
639
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
640
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
641
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
642
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
643
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
644
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
645
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
646
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
647
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
648
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
649
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
650
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
651
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
652
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
653
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
654
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
655
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
656
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
657
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
658
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
659
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
660
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
661
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
662
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
663
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
664
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
665
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
666
City of Fontana
Fontana Lewis Library & Technology Center Entry Precast Stair Replacement (PW-24-227-SB), bidding on 05/30/2024 2:00 PM (PDT)

Printed 06/11/2024
PlanetBids
667
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3269 Agenda Date: 9/10/2024
Agenda #: AA. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Reimbursement Agreement Between the City of Fontana and IE Centerfield, LLC (IE) for the Sierra Avenue Basin Storm Drain Improvement Plans
RECOMMENDATION:

Approve Reimbursement Agreement between the City and IE Centerfield, LLC for the Sierra Avenue Basin Storm Drain Improvement Plans for the City to utilize in the installation of a Basin Storm Drain on Sierra Avenue, Juniper Avenue, and Jurupa Avenue.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

The City holds fee title ownership to 4.72 acres of storm drain basin parcels, identified by Assessor Parcel Numbers 0255-101-22-0000 and 0255-101-23-0000. These parcels are located on Sierra Avenue, situated between Santa Ana Avenue to the north and Jurupa Avenue to the south, within the City of Fontana.

As part of the City's Capital Improvement Project (CIP), there was a recognized need to enhance the functionality of Sierra Avenue and Juniper Avenue through the construction of a master plan storm drain. IE Centerfield, LLC was commissioned to design the storm drain construction plans for this CIP. Following a thorough review by the City, the plans were approved and subsequently utilized for the construction process.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $231,758.10 and is included in the 2024 -25 capital budget in the Courtplace project # 37600063 in Fund 622 - Storm Drain Fund.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
powered by Legistar™668

REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF FONTANA AND

IE CENTERFIELD LLC FOR THE SIERRA BASIN STORM DRAIN IMPROVEMENT

PLANS TO INSTALL A BASIN STORM DRAIN ON SIERRA AVENUE, BETWEEN

SANTA ANA AND JURUPA AVENUE
This Reimbursement Agreement (“Agreement”) is made and entered into as of the _____ day of __ 2024 by and between the City of Fontana, a California municipal corporation (“City”) and IE Centerfield, LLC, a California limited partnership (“IE”). City and IE may be individually referred to herein as “Party” or collectively referred to herein as the “Parties.”

RECITALS
WHEREAS, City is the owner of fee title to 4.72 acres of unimproved land comprised of Assessor Parcel Numbers 0255-101-22-0-000 and 0255-101-23-0-000, located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south, in the City of Fontana (“Project Site”); and
WHEREAS, on December 2023, IE provided City with improvement plans to construct a basin storm drain at the Project Site (“Sierra Basin Storm Drain Improvement Plans”); and WHEREAS, on December 2023, the City approved the Sierra Basin Storm Drain Improvement Plans for construction at the Project Site; and
WHEREAS, on June 2024, City initiated construction of the of the basin storm drain at the Project Site utilizing the Sierra Basin Storm Drain Improvement Plans; and WHEREAS, City intends to reimburse IE for the Sierra Basin Storm Drain Improvement Plans in accordance with the terms and conditions outlined herein.

The Parties agree as follows:

AGREEMENT

1. Recitals. The Recitals are true, correct and incorporated into this Agreement by this reference.

2. Reimbursement Amount. According to current cost estimates, the reimbursement amount for the Sierra Basin Storm Drain Improvement Plans is two hundred and thirtyone thousand, seven hundred fifty-eight dollars and ten cents ($231,758.10) as demonstrated in Exhibit A, that is attached hereto and incorporated herein. In no event, will City be responsible for IE’s costs in excess of the estimate provided herein.

3. Payment. City agrees to reimburse IE in full satisfaction of, and IE shall forever assign all of its right, title and interest to the City in, the Sierra Basin Storm Drain Improvement Plans through a onetime payment in the amount of two hundred and thirty-one thousand, seven hundred fifty-eight dollars and ten cents ($231,758.10). City shall issue payment 669
to IE no later than ninety (90) days following the date of final acceptance of the Agreement by IE.

4. Applicable laws. Parties agree to abide by all applicable federal, state and local laws and regulations pertaining to this Agreement.

5. Amendments. This Agreement can be amended only when agreed upon in writing by both Parties.

6. Waiver and Indemnity. IE hereby waives and releases any and all claims against the City related to its rights under this Agreement and agrees to defend, indemnify, and hold harmless City, its officers and employees, from and against any and all actions, claims, injuries, damages, liabilities, demands, losses, judgments, penalties, expenses and costs including attorney’s fees for staff attorneys and outside counsel (collectively “Liabilities”) arising out of or in any way connected with this Agreement, including its officers, employees, agents, contractors, consultants, subcontractors and sub consultants of any level.

7. Term. This Agreement will be considered terminated upon reimbursement of all eligible costs as defined herein with the exception of paragraph 6 above which shall survive termination of this Agreement.

8. Notice. Notice given under or regarding this Agreement shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph.

If to City: Attn: Matthew Ballantyne, City Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
If to IE: R. Stan Smith
3105 East Guasti Road
Suite 100
Ontario, CA 91761
670

9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action brought by any Party hereto shall be brought within the State of California, County of San Bernardino and both Parties waive any right to change venue, including under Code of Civil Procedure Section 394.

10. Assignment. Parties shall not assign their rights and obligations with respect to the Agreement. Any such attempted assignment without the consent of the non-assigning Party shall be null and void and of no force or effect.

11. Third Party Beneficiaries. There are no third party beneficiaries, and this Agreement is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.

12. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties and there are no terms, covenants or conditions which exist other than those contained herein.

13. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

14. Survival. The provisions of paragraph 6 shall survive the termination of this Agreement.

15. Severability of Provisions. No provision of this Agreement that is held to be unenforceable or invalid shall affect the remaining provisions, and to this end all provisions of this Agreement are hereby declared to be severable.

16. Warranty Against Payment of Consideration. IE warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement.

17. Exhibits. All Exhibits attached and referred to in this Agreement are hereby incorporated herein as though fully set forth herein (and shall be deemed to be a part of this Agreement).

18. Headings. Headings are included in this Agreement for convenience of reference only and shall not be used in construing this Agreement.

19. Construction. The rule of strict construction does not apply to this Agreement. The language of this grant shall be construed simply, according to its fair meaning, so that the intention of the Parties is carried out.

20. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
671

21. Attorney’s Fees. If an action is commenced to enforce or interpret any provision of this Agreement, the non-prevailing Party shall be responsible for the prevailing Party’s attorney fees and costs incurred in the action.

22. Time of the Essence. Time is of the essence of this Agreement.

23. Authority to Execute. The individuals executing this Agreement referenced herein each represent and warrant that they have the legal power, right and actual authority to bind their respective Parties to the terms and conditions hereof and thereof. (Signature Provisions on Following Page)

672
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement on the date and year first written above.

City of Fontana
By:______________________________________
Name: ___________________________________
Title:____________________________________
Attest:
_______________________________________
City of Fontana City Clerk
APPROVED AS TO FORM :

By: ______________________________________________________ City Attorney
IE Centerfield, LLC
By:____________________________________
Name:__________________________________
Title:__________________________________

673
Exhibit A
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3273 Agenda Date: 9/10/2024
Agenda #: AB. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Resolution in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act RECOMMENDATION:

Adopt Resolution No. 2024-105 of the City Council of the City of Fontana, California, supporting Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.

DISCUSSION:

The Fontana City Council and the Fontana Police Department are in support of Proposition 36. The passing of Proposition 36 will assist with the current epidemic plaquing our communities in regard to chronic retail theft and possession of, sales of, and use of illicit drugs. Proposition 36 will assist law enforcement and prosecution, allowing repeat offenders to receive greater penalties and hopefully reduce recidivism. Supporting Proposition 36 will ensure changes are made to current procedures and practices in the following ways:
· Classifying certain drug offenses as treatment-mandated felonies. · Increasing penalties for certain drug crimes by increasing sentence lengths and level of crime. · Requiring courts to warn individuals convicted of distributing illegal drugs of their potential future crime liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine.
· Increasing sentences for theft based on the value of the property stolen.

FISCAL IMPACT:

There will be no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/29/2024
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RESOLUTION NO. 2024-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, REQUESTING THE SUPPORT OF PROPOSITION 36:

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION
ACT
WHEREAS, While Prop 47 Achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade.

WHEREAS, Unintended consequences of Prop 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment.

WHEREAS, These unintended consequences can only be correct by the voters at the ballot box and modest amendments to Prop 47.

WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bipartisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.

WHEREAS, Rampant retail theft harms businesses and California residents because those who commit these crimes know they’ll get away with it, even if caught.

WHEREAS, This measure will hold repeat offenders accountable for the safety of our communities rather than putting them back on the streets.

WHEREAS, The fentanyl crisis has reached alarming levels and is now responsible for 30 percent of youth deaths in California.

WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act, will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges’ greater discretion in sentencing drug traffickers.

WHEREAS, Breaking the cycle of repeat offenders means addressing the many root causes of retail theft.

WHEREAS, Prop 36, the Homelessness, Drug Addiction and Theft Reduction Act provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California to formally support Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety. 716
Reso No. 2024-105

APPROVED AND ADOPTED on this 10th day of September 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, and ExOfficio 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 thereof, held on the 10th day of September 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
717
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3278 Agenda Date: 9/10/2024
Agenda #: AC. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Resolution of Intention to Form Community Facilities District No. 115M (TM 19156) RECOMMENDATION:

Adopt Resolution No. 2024-106, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 115M.

COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

The development of TM 19156 is actively proceeding. As part of the conditions of approval, the developer is to establish the community facilities district to pay for certain public services as described in the Resolution.

The boundaries of the proposed community facilities district, Community Facilities District No. 115M (the “District”), include approximately 215 acres of non-residential property to include six (6) industrial commerce center buildings totaling approximately 3.43 million square feet. The development is generally located at south of Jurupa Ave and east of Alder Ave in the City. The property is owned by IDIL West Valley Logistics Center, LP.

Due to the passage of Proposition 218 in November of 1996, alternate financing plans other than a traditional Lighting and Landscape Assessment District have been developed to ensure continuous financing of these maintenance obligations. The City Attorney’s office, staff, and the developer believe that the establishment of a community facilities district which provides services and maintenance is the best protection to the City to have these obligations funded by the future residents who will receive the benefits.

The establishment of the District would provide for the funding of annual maintenance and certain services through the levy of a separate special tax on taxable parcels within the boundaries of the District.

The District’s 2025-26 maximum special tax has been established at $2,992.52 per acre of taxable property and allows for a 2% increase per year.

Attached is the Resolution stating the City Council’s intention to proceed with the formation of the District (the “Resolution of Intention”), which includes the boundary map and the Rate and Method of City of Fontana Page 1 of 2 Printed on 9/4/2024
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File #: 21-3278 Agenda Date: 9/10/2024
Agenda #: AC. Category: Consent Calendar
District (the “Resolution of Intention”), which includes the boundary map and the Rate and Method of Apportionment as exhibits thereto. Also attached is a proposed calendar of events from Best Best & Krieger LLP. Additionally, the property owner will waive all time limits and other requirements of the California Elections Code in order for the special election to be held on October 22, 2024, after the public hearing.

FISCAL IMPACT:

This action is the first in an approval process which spans two City Council meetings to establish the District for this project and to provide for the levy of the special tax. All costs of establishing the District are paid by the developer, the current property owner, with ongoing annual maintenance service costs paid by the property owners.

MOTION:

Approve the Resolution of Intention upon staff recommendation.

City of Fontana Page 2 of 2 Printed on 9/4/2024
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16498.40211\42618875.1
1 RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA DECLARING ITS INTENTION TO ESTABLISH

CITY OF FONTANA COMMUNITY FACILITIES DISTRICT
NO. 115M, TO AUTHORIZE THE LEVY OF A SPECIAL

TAX THEREIN TO FINANCE THE PROVISION OF

CERTAIN PUBLIC SERVICES, AND TAKING OTHER

ACTIONS THERETO
WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) has received a written petition from the owner (the “Owner”) of certain real property within the City requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”) for the purpose of financing certain public services described in Exhibit A hereto (the “Services”) which are necessary to meet increased demands placed upon the City as a result of the development of real property within the territory to be included in the community facilities district; and
WHEREAS, Section 53313 of the Act provides that a community facilities district may be established to finance certain types of services, including but not limited to the Services; and WHEREAS, the Owner isthe owner of all of the property which is proposed to be included within the proposed community facilities district; and
WHEREAS, pursuant to such petition the City Council desires to initiate proceedings to consider the formation of a community facilities district which shall hereinafter be referred to as City of Fontana Community Facilities District No. 115M (the “District”); and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has previously established its local goals and policies concerning the use of community facilities districts (the “Policy”) and the proposed formation complies with the Policy; and
WHEREAS, having received such a petition, the City Council is required to institute proceedings for the formation of the District by the adoption of a resolution of intention to initiate the proceedings for the establishment of the District, to set forth the boundaries for the District, to indicate the type of public services proposed to be financed by the District, to indicate the rate and method of apportionment of a special tax sufficient to finance the public services and the administration of the District, and to set a time and place for a public hearing relating to the establishment of the District.
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2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the District is “City of Fontana Community Facilities District No. 115M.” Section 3. Description and Map of Boundaries. The boundaries of the District are shown on the map entitled “Proposed Boundaries of City of Fontana Community Facilities District No. 115M, San Bernardino County, State of California” which is on file with the City Clerk, and attached hereto as Exhibit “B” and incorporated herein by this reference. Said map is hereby approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk, after conforming with the other requirements of Section 3111 of the California Streets and Highways Code, shall record the original of said map in the office of the City Clerk, and within 15 days of the adoption of this Resolution but not later than 15 days prior to the date of the public hearing set forth in Section 8 hereof, shall file a copy of said boundary map with the County ClerkRecorder of the County of San Bernardino.

Section 4. Types of Services; Incidental Expenses. It is the further intention of the City Council to finance the Services generally described in Exhibit “A” attached hereto and incorporated herein by this reference and all costs associated with the establishment of the District, administration thereof, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District.

Section 5. Special Taxes and Appropriations Limit. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Act, secured by the recordation of a continuing lien against all non-exempt real property in the District, shall be annually levied within the boundaries of the District pursuant to the Rate and Method (defined below).

Particulars as to the rate and method of apportionment of the proposed special tax are set forth in the attached Exhibit “C” (the “Rate and Method”), which is incorporated herein by this reference and which sets forth in sufficient detail the rate and method of apportionment of the special taxes to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay.

Under no circumstances will the special taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there not been any such delinquencies or defaults.

Further, the maximum authorized special tax for financing the Services that may be levied against any parcel used for private residential purposes is specified in the Rate and Method as a dollar 721
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3 amount. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel.

The special tax obligation for any parcel may not be prepaid.

Pursuant to Section 53340 of the Act, said special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect special taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure the levy of special taxes shall attach to all non-exempt real property in the District, and that lien shall continue in force and effect until the collection of the special taxes ceases.

It is the intention of the City Council, pursuant to Section 53325.7 of the Act, to establish the initial appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the District in the amount of $5,000,000.

Section 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes. Additionally property may be exempt from the levy of special taxes pursuant to the provisions of the Rate and Method.

Section 7. Necessity. It is further determined by the City Council that the Services are necessary to meet increased demands and needs placed upon the City as a result of development within the boundaries of the District.

Section 8. Hearing. A public hearing will be held by the City Council to consider the formation of the District, the proposed levy of special taxes therein, the proposed rate, method of appointment, and manner of collection of the special taxes, and all other matters as set forth in this Resolution at 2:00 p.m. on October 22, 2024 in the City Council Chambers, 8353 Sierra Avenue, Fontana, California 92335. At such hearing, any persons interested, including all taxpayers, property owners, and registered voters within the District, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the District and the levy of the special taxes, or the extent of the District, or the establishment of an appropriations limit therefor, or on any other matters set forth in this Resolution, will be heard and considered.

Any protests to the proposals in this Resolution may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. The City Council may waive any irregularities in the form or content of any written protest and at such public hearing may correct minor defects in such proceedings.

All written protests not presented in person by the protester at the public hearing shall be filed with the City Clerk on or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of such public hearing.
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4 If fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the District and not exempt from the levy of special taxes, or the owners or one-half or more of the area of the land in said territory, file written protests against the formation of the District, and protests are not withdrawn so as to reduce the value of the protest to less than a majority, no further proceedings to create the District or to levy the specified special taxes shall be taken for a period of one year from the date of the decision of the City Council. If a majority of protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of Services within the District, those types of Services will be eliminated from the resolution of formation establishing the District.

The public hearing may be continued from time to time, but shall be completed within thirty (30) days, except that if the City Council finds that the complexity of the District or the need for public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed six (6) months.

At the conclusion of the public hearing, the City Council may abandon the proposed formation or may, after passing upon all protests, determine to proceed with establishing the District.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said public hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed boundaries of the District as prescribed by Section 53322.4 of the Act. Said notice shall be published in a newspaper of general circulation within the boundaries of the District at least seven (7) days before the date of the public hearing, and may be mailed, first-class postage prepaid, to each owner of land and each registered voter residing within the boundaries of the District at least fifteen (15) days prior to the date of the public hearing, and shall contain the information required by said Section 53322.

Section 10. Report. The officers of the City who will be responsible for providing the proposed Services to be provided within and financed by the District, if it is established, are hereby directed to study the District, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Services by type which will in their opinion be required to adequately meet the needs of the new development expected to occur within the District and their estimates of the fair and reasonable cost of providing those Services, and the related incidental expenses to be incurred in connection therewith. Such report shall be submitted to the City Council for its review, shall be available for inspection by the public, and shall be made a part of the record of the public hearing to be held pursuant to Section 8 hereof.

Section 11. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. If the City Council determines at the conclusion of the public hearing to proceed with the establishment of the District, it expects that the proposed voting will be by the landowners voting in accordance with the Act, as the City Council is informed that during each of the ninety (90) days prior to the date set for the hearing, there have been fewer than twelve (12) registered voters residing in the proposed boundaries of the District. The City Council hereby requires this information to be confirmed before ordering the election. 723
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5 Section 12. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

APPROVED AND ADOPTED this 10th day of September, 2024.

READ AND APPROVED AS TO LEGAL FORM:
_____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 10th day of September, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana
ATTEST:
______________________________
City Clerk
724
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A-1

EXHIBIT A

DESCRIPTION OF PUBLIC SERVICES
The types of services to be provided by the proposed community facilities district are the maintenance of parks, parkways, street lighting and open space within and surrounding the area of the District and within and surrounding the area of any territory to be annexed to the District in the future and the costs associated with the determination of the amount of and collection of the special taxes, and the payment of any costs otherwise incurred in order to carry out the authorized purposes of the District.
“Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of such parks, parkways, street lighting and open space, and the incidental costs related thereto, including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvement. b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
c) The removal of trimmings, rubbish, debris, and other solid waste. d) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
e) Any and all other services authorized pursuant to the Act. 725
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C-1

EXHIBIT B

BOUNDARY MAP
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C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 115M OF THE

CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No. 115M ("CFD No. 115M") and collected each Fiscal Year, commencing in Fiscal Year 2025-2026, in an amount determined by the City Council of the City of Fontana, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 115M, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area expressed in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 115M, including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 115M or any designee thereof of complying with City or CFD No. 115M disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 115M or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 115M for any other administrative purposes of CFD No. 115M, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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C-2
"Assessor’s Parcel" means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County of San Bernardino designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County of San Bernardino for purposes of identification. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Taxes, and performing other duties as set forth herein. “CFD No. 115M” means the City of Fontana Community Facilities District No. 115M.
"City" means the City of Fontana, California.
"Council" means the City Council of the City of Fontana, acting as the legislative body of CFD No. 115M.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property for which a final tract map, parcel map, lot line adjustment or any other similar map which subdivides such parcels into lots for which a building permit could be issued for construction has been recorded with the County, as of January 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June

30. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C hereof, that can be levied by CFD No. 115M in any Fiscal Year on any Assessor’s Parcel.
“Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 115M that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property.
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C-3
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 115M that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the County, the City, or any local government or other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility easement making impractical its use for any purpose other than that set forth in the easement. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD No. 115M.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property, to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 115M to pay for: (1) maintenance services authorized to be financed by CFD No. 115M, (2) Administrative Expenses, (3) anticipated delinquent special taxes (such delinquent special taxes shall be estimated based on the delinquency rate in CFD No. 115M for the previous Fiscal Year), and (4) less a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 115M which are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property which are not categorized as Developed Property. "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1, including those Assessor’s Parcel receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2025-2026, all Taxable Property within CFD No. 115M shall be categorized as either Developed Property 729
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C-4
or Undeveloped Property, and shall be subject to the Special Tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Fiscal Year 2025-2026 Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be equal to the amount shown in the table below:

TABLE 1
Fiscal Year 2025-2026
Maximum Special Tax for Developed Property
Land Use Class FY 2025-2026 Maximum Special Tax
Developed Property $2,992.52 per Acre
On each July 1, commencing July 1, 2026, the Maximum Special Tax for Developed Property shall increase by two percent (2%) per Fiscal Year.

2. Undeveloped Property
The Maximum Special Tax for each Assessor’s Parcel classified as Undeveloped Property shall be equal to $0 per Acre.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and the City shall provide for the levy of the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the Maximum Special Tax for such Assessor’s Parcel.

E. EXEMPTIONS
No Special Tax shall be levied on (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) or any Assessor’s Parcel that has a Welfare Exemption. Should an Assessor’s Parcel, however, no longer be classified 730
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C-5
as items (i)-(v) above, including Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.

The exempt status of any property will be determined by the CFD Administrator and such determination shall be final.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes; provided, however, that CFD No. 115M may directly bill the Special Tax, and/or may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 115M.

G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for the authorized services as determined at the discretion of the Council.

H. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on his/her Assessor’s Parcel is in error may submit a written appeal to the CFD Administrator, provided that the appellant is current in his/her payment of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, a cash refund shall not be made (except for the last year of levy), but the amount of the Special Tax levied shall be appropriately modified, reduced, or eliminated through an adjustment to the Special Tax levy in the following Fiscal Year. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has thirty (30) days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payment of Special Taxes. This second appeal must specify the reasons for its disagreement with the CFD Administrator's determination.

The CFD Administrator shall interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. 731
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C-6
Any decision of the CFD Administrator shall be subject to appeal to the Council whose decision shall be final and binding as to all persons.

I. PREPAYMENT

No prepayments of the Special Tax are permitted.
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CALENDAR OF EVENTS
FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 115M
Date Description of Event
September 10,
2024
City Council considers adoption of a Resolution
Declaring Intention to Form Community Facilities District No. 115M and calls a public hearing thereon
October 22, 2024
City Council conducts public hearing on the formation of Community Facilities District No. 115M and considers
adoption of a Resolution of Formation
October 22, 2024
City Council considers adoption of a Resolution Calling Election on the annual levy of special taxes on taxable property within Community Facilities District No. 115M; if that resolution is adopted, an election is held
October 22, 2024
Election is conducted; Assuming two-thirds or more of
the votes cast in the election are in favor of the levy of special taxes on parcels of taxable property within
Community Facilities District No. 115M, the City Council will consider adoption of a Resolution Declaring Results of Election
October 22, 2024
City Council considers first reading of an Ordinance
Levying Special Taxes on parcels of taxable property
within Community Facilities District No. 115M
November 12,
2024
City Council gives second reading and adoption of
Ordinance Levying Special Taxes on parcels of taxable
property within Community Facilities District No. 115M
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3280 Agenda Date: 9/10/2024
Agenda #: AD. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Resolution of Intention to Form Community Facilities District No. 116M (TM 20511) RECOMMENDATION:

Adopt Resolution No. 2024-107, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 116M.

COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

The development of TM 20511, known as the Sierra Vista development, is actively proceeding. As part of the conditions of approval, the developer is to establish the community facilities district to pay for certain public services as described in the Resolution.

The boundaries of the proposed community facilities district, Community Facilities District No. 116M (the “District”), include approximately 10.7 gross acres of mixed used residential property, including 47 single family detached homes and 80 attached residential units for a total of 127 units. The attached units will be constructed in 16 buildings each containing five units per building. The development is generally located south of Sierra Lakes Parkway, east of Lytle Creek Road, and west of Maloof Avenue in the City. The property is owned by D.R. Horton Los Angeles Holding Company, Inc.

Due to the passage of Proposition 218 in November of 1996, alternate financing plans other than a traditional Lighting and Landscape Assessment District have been developed to ensure continuous financing of these maintenance obligations. The City Attorney’s office, staff, and the developer believe that the establishment of a community facilities district which provides services and maintenance is the best protection to the City to have these obligations funded by the future residents who will receive the benefits.

The establishment of the District would provide for the funding of annual maintenance and certain services through the levy of a separate special tax on taxable parcels within the boundaries of the District.

The District’s FY 2025-26 maximum special tax has been established at $737 per unit for taxable residential property and $8,217 per acre of taxable non-residential property, in the event nonCity of Fontana Page 1 of 2 Printed on 9/4/2024 powered by Legistar™735
File #: 21-3280 Agenda Date: 9/10/2024
Agenda #: AD. Category: Consent Calendar
residential property and $8,217 per acre of taxable non-residential property, in the event nonresidential property is subsequently developed. The maximum special tax is subject to a 2% increase per year.

The special taxes for the District and any assessments or special taxes for the school district, together with the projected ad valorem property taxes, do not exceed the City Council policy of 1.95% of the sales price.

Attached is the Resolution stating the City Council’s intention to proceed with the formation of the District (the “Resolution of Intention”), which includes the boundary map and the Rate and Method of Apportionment as exhibits thereto. Also attached is a proposed calendar of events from Best Best & Krieger LLP. Additionally, the property owner will waive all time limits and other requirements of the California Elections Code in order for the special election to be held on October 22, 2024, after the public hearing.

FISCAL IMPACT:

This action is the first in an approval process which spans two City Council meetings to establish the District for this project and to provide for the levy of the special tax. All costs of establishing the District are paid by the developer, the current property owner, with ongoing annual maintenance service costs paid by the property owners.

MOTION:

Approve the Resolution of Intention upon staff recommendation.

City of Fontana Page 2 of 2 Printed on 9/4/2024
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1 RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA DECLARING ITS INTENTION TO ESTABLISH

CITY OF FONTANA COMMUNITY FACILITIES DISTRICT
NO. 116M, TO AUTHORIZE THE LEVY OF A SPECIAL

TAX THEREIN TO FINANCE THE PROVISION OF

CERTAIN PUBLIC SERVICES, AND TAKING OTHER

ACTIONS THERETO
WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) has received a written petition from the owner (the “Owner”) of certain real property within the City requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”) for the purpose of financing certain public services described in Exhibit A hereto (the “Services”) which are necessary to meet increased demands placed upon the City as a result of the development of real property within the territory to be included in the community facilities district; and
WHEREAS, Section 53313 of the Act provides that a community facilities district may be established to finance certain types of services, including but not limited to the Services; and WHEREAS, the Owner is the owner of all of the property which is proposed to be included within the proposed community facilities district; and
WHEREAS, pursuant to such petition the City Council desires to initiate proceedings to consider the formation of a community facilities district which shall hereinafter be referred to as City of Fontana Community Facilities District No. 116M (the “District”); and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has previously established its local goals and policies concerning the use of community facilities districts (the “Policy”) and the proposed formation complies with the Policy; and
WHEREAS, having received such a petition, the City Council is required to institute proceedings for the formation of the District by the adoption of a resolution of intention to initiate the proceedings for the establishment of the District, to set forth the boundaries for the District, to indicate the type of public services proposed to be financed by the District, to indicate the rate and method of apportionment of a special tax sufficient to finance the public services and the administration of the District, and to set a time and place for a public hearing relating to the establishment of the District.
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2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the District is “City of Fontana Community Facilities District No. 116M.” Section 3. Description and Map of Boundaries. The boundaries of the District are shown on the map entitled “Proposed Boundaries of City of Fontana Community Facilities District No. 116M, San Bernardino County, State of California” which is on file with the City Clerk, and attached hereto as Exhibit “B” and incorporated herein by this reference. Said map is hereby approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk, after conforming with the other requirements of Section 3111 of the California Streets and Highways Code, shall record the original of said map in the office of the City Clerk, and within 15 days of the adoption of this Resolution but not later than 15 days prior to the date of the public hearing set forth in Section 8 hereof, shall file a copy of said boundary map with the County ClerkRecorder of the County of San Bernardino.

Section 4. Types of Services; Incidental Expenses. It is the further intention of the City Council to finance the Services generally described in Exhibit “A” attached hereto and incorporated herein by this reference and all costs associated with the establishment of the District, administration thereof, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District.

Section 5. Special Taxes and Appropriations Limit. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Act, secured by the recordation of a continuing lien against all non-exempt real property in the District, shall be annually levied within the boundaries of the District pursuant to the Rate and Method (defined below).

Particulars as to the rate and method of apportionment of the proposed special tax are set forth in the attached Exhibit “C” (the “Rate and Method”), which is incorporated herein by this reference and which sets forth in sufficient detail the rate and method of apportionment of the special taxes to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay.

Under no circumstances will the special taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there not been any such delinquencies or defaults.

Further, the maximum authorized special tax for financing the Services that may be levied against any parcel used for private residential purposes is specified in the Rate and Method as a dollar 738
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3 amount. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel.

The special tax obligation for any parcel may not be prepaid.

Pursuant to Section 53340 of the Act, said special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect special taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure the levy of special taxes shall attach to all non-exempt real property in the District, and that lien shall continue in force and effect until the collection of the special taxes ceases.

It is the intention of the City Council, pursuant to Section 53325.7 of the Act, to establish the initial appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the District in the amount of $5,000,000.

Section 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes. Additionally property may be exempt from the levy of special taxes pursuant to the provisions of the Rate and Method.

Section 7. Necessity. It is further determined by the City Council that the Services are necessary to meet increased demands and needs placed upon the City as a result of development within the boundaries of the District.

Section 8. Hearing. A public hearing will be held by the City Council to consider the formation of the District, the proposed levy of special taxes therein, the proposed rate, method of appointment, and manner of collection of the special taxes, and all other matters as set forth in this Resolution at 2:00 p.m. on October 22, 2024 in the City Council Chambers, 8353 Sierra Avenue, Fontana, California 92335. At such hearing, any persons interested, including all taxpayers, property owners, and registered voters within the District, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the District and the levy of the special taxes, or the extent of the District, or the establishment of an appropriations limit therefor, or on any other matters set forth in this Resolution, will be heard and considered.

Any protests to the proposals in this Resolution may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. The City Council may waive any irregularities in the form or content of any written protest and at such public hearing may correct minor defects in such proceedings.

All written protests not presented in person by the protester at the public hearing shall be filed with the City Clerk on or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of such public hearing.
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4 If fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the District and not exempt from the levy of special taxes, or the owners or one-half or more of the area of the land in said territory, file written protests against the formation of the District, and protests are not withdrawn so as to reduce the value of the protest to less than a majority, no further proceedings to create the District or to levy the specified special taxes shall be taken for a period of one year from the date of the decision of the City Council. If a majority of protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of Services within the District, those types of Services will be eliminated from the resolution of formation establishing the District.

The public hearing may be continued from time to time, but shall be completed within thirty (30) days, except that if the City Council finds that the complexity of the District or the need for public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed six (6) months.

At the conclusion of the public hearing, the City Council may abandon the proposed formation or may, after passing upon all protests, determine to proceed with establishing the District.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said public hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed boundaries of the District as prescribed by Section 53322.4 of the Act. Said notice shall be published in a newspaper of general circulation within the boundaries of the District at least seven (7) days before the date of the public hearing, and may be mailed, first-class postage prepaid, to each owner of land and each registered voter residing within the boundaries of the District at least fifteen (15) days prior to the date of the public hearing, and shall contain the information required by said Section 53322.

Section 10. Report. The officers of the City who will be responsible for providing the proposed Services to be provided within and financed by the District, if it is established, are hereby directed to study the District, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Services by type which will in their opinion be required to adequately meet the needs of the new development expected to occur within the District and their estimates of the fair and reasonable cost of providing those Services, and the related incidental expenses to be incurred in connection therewith. Such report shall be submitted to the City Council for its review, shall be available for inspection by the public, and shall be made a part of the record of the public hearing to be held pursuant to Section 8 hereof.

Section 11. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. If the City Council determines at the conclusion of the public hearing to proceed with the establishment of the District, it expects that the proposed voting will be by the landowners voting in accordance with the Act, as the City Council is informed that during each of the ninety (90) days prior to the date set for the hearing, there have been fewer than twelve (12) registered voters residing in the proposed boundaries of the District. The City Council hereby requires this information to be confirmed before ordering the election. 740
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5 Section 12. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

APPROVED AND ADOPTED this 10th day of September, 2024.

READ AND APPROVED AS TO LEGAL FORM:
_____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 10th day of September, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana
ATTEST:
______________________________
City Clerk
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A-1

EXHIBIT A

DESCRIPTION OF PUBLIC SERVICES
The types of services to be provided by the proposed community facilities district are the maintenance of parks, parkways, street lighting and open space within and surrounding the area of the District and within and surrounding the area of any territory to be annexed to the District in the future and the costs associated with the determination of the amount of and collection of the special taxes, and the payment of any costs otherwise incurred in order to carry out the authorized purposes of the District.
“Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of such parks, parkways, street lighting and open space, and the incidental costs related thereto, including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvement. b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
c) The removal of trimmings, rubbish, debris, and other solid waste. d) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
e) Any and all other services authorized pursuant to the Act. 742
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C-1

EXHIBIT B

BOUNDARY MAP
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C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 116M OF THE

CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No. 116M ("CFD No. 116M") and collected each Fiscal Year, commencing in Fiscal Year 2025-2026, in an amount determined by the City Council of the City of Fontana, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 116M, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area expressed in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 116M, including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 116M or any designee thereof of complying with City or CFD No. 116M disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 116M or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 116M for any other administrative purposes of CFD No. 116M, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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C-2
"Assessor’s Parcel" means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County of San Bernardino designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County of San Bernardino for purposes of identification. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Taxes, and performing other duties as set forth herein. “CFD No. 116M” means the City of Fontana Community Facilities District No. 116M.
"City" means the City of Fontana, California.
"Council" means the City Council of the City of Fontana, acting as the legislative body of CFD No. 116M.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property for which (i) a Final Residential Subdivision has been recorded with the County as of January 1 of the previous Fiscal Year or (ii) a building permit for new construction has been issued on or before January 1 of the previous Fiscal Year for a non-residential use.
"Final Residential Subdivision" means a Final Subdivision that creates individual lots for which building permits may be issued for residential dwelling units without further subdivision of such property.
"Final Subdivision" means (i) a subdivision of property by recordation of a final map, parcel map, or lot line adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots or parcels for which building permits may be issued, or (ii) for condominiums, a final map approved by the City and a condominium plan recorded pursuant to California Civil Code Section 4285 that creates an individual lot(s) for which a building permit(s) may be issued without further subdivision. The term "Final Subdivision" shall not include any Assessor’s Parcel Map or subdivision map or portion thereof that does not create individual lots for which a building permit may be issued, including Assessor’s Parcels that are designated as remainder parcels. Notwithstanding the above, a condominium plan for which one or more building permits have been issued, but no individual lots have been created for such building permits, shall be considered a Final Subdivision, and 745
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C-3
the portion of the condominium plan for which building permits have been issued shall be defined as Developed Property.
"Fiscal Year" means the period starting July 1 and ending on the following June

30. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C hereof, that can be levied by CFD No. 116M in any Fiscal Year on any Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued by the City permitting the construction of one or more non-residential structures or facilities. "Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 116M that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 116M that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the County, the City, or any local government or other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility easement making impractical its use for any purpose other than that set forth in the easement. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD No. 116M.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property, to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 116M to pay for: (1) maintenance services authorized to be financed by 746
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C-4
CFD No. 116M, (2) Administrative Expenses, (3) anticipated delinquent special taxes (such delinquent special taxes shall be estimated based on the delinquency rate in CFD No. 116M for the previous Fiscal Year), and (4) less a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 116M which are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property which are not categorized as Developed Property. "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessment roll finalized as of the last preceding January 1.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2025-2026, all Taxable Property within CFD No. 116M shall be categorized as either Developed Property or Undeveloped Property, and shall be subject to the Special Tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Fiscal Year 2025-2026 Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be equal to the amount shown in the table below:

TABLE 1
Fiscal Year 2025-2026
Maximum Special Tax for Developed Property
Land Use Class FY 2025-2026 Maximum Special Tax
Final Residential Subdivision $737 per lot
Non-Residential Property $8,217 per Acre
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C-5
On each July 1, commencing July 1, 2026, the Maximum Special Tax for Developed Property shall increase by two percent (2%) per Fiscal Year.

2. Undeveloped Property
The Maximum Special Tax for each Assessor’s Parcel classified as Undeveloped Property shall be equal to $0 per Acre.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and the City shall provide for the levy of the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the Maximum Special Tax for such Assessor’s Parcel.

E. EXEMPTIONS
No Special Tax shall be levied on (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) or any Assessor’s Parcel that has a Welfare Exemption. Should an Assessor’s Parcel, however, no longer be classified as items (i)-(v) above, including Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.

The exempt status of any property will be determined by the CFD Administrator and such determination shall be final.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes; provided, however, that CFD No. 116M may directly bill the Special Tax, and/or may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 116M.

G. TERM OF SPECIAL TAX
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The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for the authorized services as determined at the discretion of the Council.

H. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on his/her Assessor’s Parcel is in error may submit a written appeal to the CFD Administrator, provided that the appellant is current in his/her payment of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, a cash refund shall not be made (except for the last year of levy), but the amount of the Special Tax levied shall be appropriately modified, reduced, or eliminated through an adjustment to the Special Tax levy in the following Fiscal Year. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has thirty (30) days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payment of Special Taxes. This second appeal must specify the reasons for its disagreement with the CFD Administrator's determination.

The CFD Administrator shall interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals.

Any decision of the CFD Administrator shall be subject to appeal to the Council whose decision shall be final and binding as to all persons.

I. PREPAYMENT

No prepayments of the Special Tax are permitted.
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CALENDAR OF EVENTS
FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 116M
Date Description of Event
September 10,
2024
City Council considers adoption of a Resolution
Declaring Intention to Form Community Facilities District No. 116M and calls a public hearing thereon
October 22, 2024
City Council conducts public hearing on the formation of Community Facilities District No. 116M and considers
adoption of a Resolution of Formation
October 22, 2024
City Council considers adoption of a Resolution Calling Election on the annual levy of special taxes on taxable property within Community Facilities District No. 116M; if that resolution is adopted, an election is held
October 22, 2024
Election is conducted; Assuming two-thirds or more of
the votes cast in the election are in favor of the levy of special taxes on parcels of taxable property within
Community Facilities District No. 116M, the City Council will consider adoption of a Resolution Declaring Results of Election
October 22, 2024
City Council considers first reading of an Ordinance
Levying Special Taxes on parcels of taxable property
within Community Facilities District No. 116M
November 12,
2024
City Council gives second reading and adoption of
Ordinance Levying Special Taxes on parcels of taxable
property within Community Facilities District No. 116M
750
751
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3213 Agenda Date: 9/10/2024
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, a request to discuss whether the Planning Commission’s findings for and approval of Conditional Use Permit (CUP) No. 95-019R4 to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz. for an existing convenience store have been in accordance with the City of Fontana’s Zoning and Development Code and to discuss whether the approval of same is consistent with past and present City policy.

RECOMMENDATION:

1. Uphold the staff recommendation and deny the requested modification for CUP95-019R4, thus denying the request to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz;

2. Direct staff to prepare an amendment to the City’s Zoning and Development Code to codify the prohibition of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz for off-sale ABC licenses.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Promote economic development by establishing a quick, consistent development process.

DISCUSSION:

Background:

On July 16, 2024, the Planning Commission reviewed and approved a request by Jagjit Singh to modify the original conditions of approval of Conditional Use Permit (“CUP”) No. 95-019R4 and allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz. The prior Conditional Use Permit (CUP 95-019R3) included conditions of approval prohibiting the sale of these items.

Appeal:

Expressly without prejudging the appeal in advance of the public hearing and testimony, Mayor Acquanetta Warren submitted an appeal on July 24, 2024 to provide for consideration of the merits of the approval of the Conditional Use Permit modification as approved by the Planning Commission on July 16, 2024. The appeal requests City Council consideration and discussion of whether the approval is consistent with past and present City policy regarding the particular sale of such goods, and whether all the required findings for approval under the Zoning and Development Code were City of Fontana Page 1 of 3 Printed on 9/4/2024
powered by Legistar™752
File #: 21-3213 Agenda Date: 9/10/2024
Agenda #: A. Category: Public Hearing
and whether all the required findings for approval under the Zoning and Development Code were made.

Analysis:

Planning Commission approval of CUP95-019R4
At its July 16, 2024, consideration of CUP No. 95-019R4, the Planning Commission considered the application, testimony from the applicant, and written and verbal reports from staff before voting to approve the proposed amendments by a vote of 4-1. No public communications were received.

Prior to voting, the Commission discussed the location of the business, the number and nature of the calls for service, and other factors including the requisite findings. In part, the Planning Commission’s decision was based on the nature of the calls for service for the project site. Additionally, the Planning Commission voiced concern about penalizing all business owners interested in selling singles regardless of their calls for service or status.

Staff’s recommendation to deny the request was based on past practice as well as the memo from the Police Department indicating lack of support for the modification to the CUP. The Planning Commission staff report noted that between January 1, 2023, and January 1, 2024, there were a total of twenty-five (25) calls for service to the shopping center within which the business that is the subject of this application is located. Of these twenty-five calls, it was noted that six were specific to the applicant’s business and that these six calls included calls related to burglary, burglary for beer, assault, fighting, and welfare check.

The Planning Commission staff report, revised resolution for approval, and minutes are provided as Attachment Nos. 3, 4, and 5, respectively.

Off-sale ABC licenses
Prior to late 2007, the City routinely approved CUPs for off-site sales without the size restrictions that have been routinely included as recommended conditions of approval since that time. The City currently has 114 active off-sale ABC licenses, 83 of which are allowed to sell single alcoholic beverages. Based on the Police Department’s observations and the perception of connection between higher crime rates and off-sale establishments that sell singles, in late 2007 the Police Department began recommending restrictions on the size of single alcoholic beverages for off-sale establishments as a tool for protecting the public’s health and safety relative as single use sales can increase alcohol related calls necessitating increased police responses to these locations.

Burglaries, disturbing the peace, assaults, and similar crimes are calls often associated with off-sale establishments.

The memorandum for the project that was submitted by the Police Department and included in the Planning Commission staff report raised concerns regarding approval of the modification. The Planning Commission has, since that time, denied a similar request for a CUP modification pertaining to sale of the goods in question, and the City Council upheld the restrictions upon appeal. The staff report for that request noted fourteen calls for service during the preceding period of January 1, 2022, through June 10, 2023; none of the calls specifically related to alcohol sales. The requested modification to remove the size limitations for that business was denied.

The Planning Commission’s decision at the meeting of July 16, 2024, is a reversal of a consistent City practice (over fifteen years preceding this application) of denying the sale of singles. This appeal City of Fontana Page 2 of 3 Printed on 9/4/2024
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File #: 21-3213 Agenda Date: 9/10/2024
Agenda #: A. Category: Public Hearing
City practice (over fifteen years preceding this application) of denying the sale of singles. This appeal is for the purposes of discussing the merits of the CUP modification findings as approved by the Planning Commission on July 16, 2024, as well as to discuss whether the approval made is consistent with past and present City policy regarding the particular sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single-size containers of 40 oz or less.

Summary
In summary, the Police Department has reiterated its recommendation for the restriction on single sales of alcoholic beverages for the project location based on public health and safety concerns related to increased alcohol related calls and associated increased police responses required to the location. Further, typical single serve alcoholic beverages are often offered for sale cold and ready to be consumed. This frequently leads to public intoxication, littering, panhandling, and other disruptive behaviors. Further, by restricting the single sale of alcoholic beverages, minors and transients are discouraged from purchasing, as these are typically priced lower and more affordable. The Police Department has reiterated its recommendation to retain the restrictions as a general practice. Staff supports continued use of the restrictions and recommends denial of the requested modifications and direction to staff to prepare an ordinance codifying the restriction.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation, thus overturning the Planning Commission’s decision and denying the applicant’s request to sell single distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz or less.

ATTACHMENTS:

1. Appellant Letter

2. Vicinity Map

3. Map of off-sale licenses within the city

4. Planning Commission Staff Report

5. Revised Planning Commission Resolution

6. Planning Commission Minutes from July 16, 2024 Meeting

7. Police Department Memo

8. Public Hearing Notice
City of Fontana Page 3 of 3 Printed on 9/4/2024
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755
ATTACHMENT NO. 2

VICINITY MAP
DATE: September 10, 2024
CASE: Master Case No. 20-027R1
Appeal No. 24-008
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RESOLUTION NO. PC 2024-039

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF FONTANA APPROVING CONDITIONAL USE APPLICATION
NO. 95-019R4, A REQUEST TO MODIFY THE CONDITIONS OF

APPROVAL FOR AN EXISTING CONDITIONAL USE PERMIT TO

ALLOW THE SALE OF SINGLE ALCOHOLIC BEVERAGES OF
WINE AND DISTILLED SPIRITS LESS THAN 375 MILLILITERS

AND THE SALE OF BEER/ MALT BEVERAGES IN SINGLE SIZE
CONTAINERS OF 40 OUNCES OR LESS AT THE LOCATION OF
16119 FOOTHILL BOULEVARD (APN: 0191-011-06), PURSUANT

TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH
CEQA GUIDELINES SECTION 15301.

WHEREAS, Assessor Parcel Number (“APN”) 0191-011-06, (“Project Site”), was incorporated as part of the original City of Fontana in 1952; and WHEREAS, on February 27, 1995, the Fontana Planning Commission (“Planning Commission”) approved an application for CUP No. 95-019 for a Type 20 (Off-Sale Beer and Wine) ABC license for a Circle K convenience store located at 16119 Foothill Boulevard (“Subject Property”); and
WHEREAS, on April 21, 2020, the Planning Commission approved an application for Conditional Use Permit No. 95-019R3 for a Type 21 (Off-Sale General) Alcoholic Beverage Control (“ABC”) license for the Circle K convenience store at the Project Site, including specific conditions imposed by the City attached hereto as Attachment No. 7, that included prohibition against the sale of single size alcoholic containers of wine, distilled spirits and beer/malt beverages; and
WHEREAS, on May 9, 2023, the City of Fontana (“City”) received an application from Jagjit Singh (“Applicant”), for a Conditional Use Permit (“CUP No. 95-019R4“) to modify the conditions of approval for Conditional Use Permit No. 95-019R3 to allow the sale of single sized alcoholic containers of wine and distilled spirits less than 375 milliliters and the sale of beer/malt beverages in single size containers of 40 ounces or less at the Subject Property; and
WHEREAS, the existing 2,600 square foot convenience store that is the subject of this application is within an established shopping center; and WHEREAS, the Project Site has a General Plan Land Use designation of Walkable Mixed-Use Corridor (WMXU-1) and is located within the Form Based Code (FBC) Route 66 Gateway, which allows for alcoholic beverage sales; and WHEREAS, the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section No. 15301 (Class 1, Existing Facilities) and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for 796
Resolution No. PC 2024-039
ATTACHMENT NO. 4

Implementing the California Environmental Quality Act as the project proposal would not result in changes or expansions to the building. Further none of the exceptions in CEQA Guidelines section 15300.2 apply to this project; and
WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use planning; and
WHEREAS, all of the notices required by statute and the Fontana Municipal Code (FMC) have been given as required; and
WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing and a notice of the public hearing was published in the local The Fontana Herald newspaper on February 9, 2024, and a notice of the public hearing was simultaneously displayed at City Hall and at the Project Site; and
WHEREAS, the project was originally scheduled for the February 20, 2024 Planning Commission meeting and was continued to the March 5, 2024 Planning Commission meeting, and at the March 5, 2024 meeting the project was continued to the April 16, 2024 Planning Commission meeting, and at the April 16, 2024 meeting the project was continued to the June 18, 2024, Planning Commission meeting, and at the June 18, 2024 meeting the project was continued to the July 16, 2024 Planning Commission meeting, all at the request of the applicant; and WHEREAS, on July 16, 2024, a duly noticed public hearing on CUP No. 95-019R4 was held by the Planning Commission to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and WHEREAS, on July 16, 2024, the Planning Commission carefully considered all information, evidence, and testimony presented at its public hearing on for CUP No. 95- 019R4; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals: The above recitals are true, correct and incorporated herein by reference.

Section 2. CEQA. The Planning Commission hereby determines that the project is categorically exempt pursuant to Section No. 15301 (Existing Facilities) of the California Environmental Quality Act and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the California Environmental Quality Act (CEQA) as the project proposal would not result in changes or expansions to the building. Further none of the exceptions in CEQA Guidelines section 15300.2 apply to this project. The 797
Resolution No. PC 2024-039
ATTACHMENT NO. 4

Planning Commission further directs Staff to file a Notice of Exemption pursuant to this Finding.

Section 3. CUP Findings. The Planning Commission hereby makes the following findings for CUP No. 95-019R4 in accordance with Section 30-169 “Findings for approval of conditional use permits modifications” of the Fontana Zoning and Development Code:

Finding No. 1 That the proposed use is allowed within the applicable zoning district and complies with all other applicable
provisions of the Zoning and Development Code,
Municipal Code, General Plan, any applicable Specific
Plan or Area Plan, and City regulations/standards.

Finding of Fact: The City’s Zoning and Development Code requires a Conditional Use Permit for any new or modified ABC licenses.

Planning Commission approval of a Conditional Use Permit may include such conditions of approval as are deemed
necessary to enable the Planning Commission to make the required findings. The existing off-sale convenience store establishment is located at 16119 Foothill Boulevard on the southeast corner of Foothill Boulevard and Citrus Avenue.

The General Plan designation is Walkable Mixed-Use
Corridor (WMXU-1) and the property is located within the Form Based Code (FBC) Route 66 Gateway subdistrict which allows for off-sale establishments with the approval of a Conditional Use Permit. This establishment has a conditional use permit to sell alcoholic beverages (Type 21 ABC license, Off-sale General) that was approved on April 21, 2020, by the Planning Commission; this Conditional Use Permit included three conditions (Condition No. 13 through 15) stating that alcoholic beverage containers cannot be sold that are single size, smaller than 375 ml or smaller than 40 ounces. With approval of a Conditional Use Permit by the Planning
Commission, the use is consistent with the Zoning and
Development Code.

Finding No. 2: The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be
conditioned to meet all related performance criteria and development standards.

The Applicant is requesting to modify the ABC conditions of approval from a previously approved project (CUP No. 95- 019R3) in order to allow the sale of single alcoholic
beverages of wine and distilled spirits less than 375ml and 798
Resolution No. PC 2024-039
ATTACHMENT NO. 4

beer/malt beverages less than 40 oz. The site is physically suited for the type, density, and intensity of the use. The site was previously approved for a Conditional Use Permit to operate and sell alcoholic beverages with an ABC Type 21 (Off-sale, General) license. There are no modifications to the site or structure. The physical characteristics of the site are sufficient to accommodate the business including access and utilities.

Finding No. 3: Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or
improvements in the vicinity in which the project is
located.

The Applicant is requesting to modify the ABC conditions of approval from a previously approved project (CUP No. 95- 019R3) in order to allow the sale of single alcoholic beverages of wine and distilled spirits less than 375ml and beer/malt beverages less than 40 oz. This finding may be made in the affirmative because the business at the site has otherwise already been operating under an approved CUP to sell
alcoholic beverages (Type 21, Off-Sale General), excluding the proposed sale of single-size alcoholic containers of wine and distilled spirits less than 375 milliliters and the sale of beer/malt beverages in single-size containers of 40 ounces or less. The business at the project site has operated in
accordance with the conditions previously imposed on it pursuant to CUP No. 95-019R3 approved by the Planning
Commission on April 12, 2020. The business site had only one call related to alcohol between January 1, 2023 and January 1, 2024. There are also other businesses in the general area of the subject business that already sell such proposed single alcoholic beverages. Finally, the business owner provided a testimony that the sale of such goods is necessary to allow his business to be competitive and remain in operation.

Section 4. Approval: Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 95-019R4.

Section 5. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6. 799
Resolution No. PC 2024-039
ATTACHMENT NO. 4

Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 16 th day of July 2024.

City of Fontana,
___________________________
Cathline Fort, Chairperson
ATTEST:

I, Ricardo Quintana, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 16 th day of July
2024, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Ricardo Quintana, Secretary
800
ATTACHMENT NO. 6

PLANNING COMMISSION MINUTES FROM JULY 16, 2024
801

CITY OF FONTANA

POLICE DEPARTMENT
Community Outreach & Public Engagement Unit

MEMORANDUM
TO: Alexia De La Torre, Assistant Planner
FROM: Heather Howard, Community Policing Technician
DATE: January 31, 2024
SUBJECT: Police Recommendations for Amendment to Single Sales Condition – Circle K 16119 Foothill Fontana, 92335
The Police Department has reviewed the request to amend California Department of Alcoholic Beverage Control (ABC) Type 21 (Off-sale General) license, to amend condition of single sales. The police department does not support the amendment to the condition for single sales. All Type 21 (Off- sale General) licenses in the City of Fontana are subject to the same condition for single sales. Licensee may contact me if further clarification is needed.
802
ATTACHMENT NO. 8

NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case (MCN) No. 20-027R1; and Appeal (APL) No. 24-008 An appeal to discuss whether the Planning Commission’s findings for an approval of a modification to Conditional use Permit No. 95-019R4 to allow the sale of single distilled spirits, wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz, for an existing convenience store (Circle K) are in accordance with the City of Fontana Zoning Code and whether the approval is consistent with past and present City policy.

Environmental
Determination:

This project is Categorically Exempt pursuant to Section No. 15301 (Existing Facilities) of the California Environmental Quality Act and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing CEQA.

Location of
Property:
16119 Foothill Boulevard
(APN: 0191-011-06)
Date of Hearing: September 10, 2024
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 P.M.

Should you have any questions concerning this project, please contact Alexia Barberena, Associate Planner, at (909) 350-6568 or by email: [email protected]
Foothill Blvd.

Citrus Ave.
803
ATTACHMENT NO. 8

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE

LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING

DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: August 30, 2024, Fontana Herald News
804

STANDARD TASK ORDER FORM
RVPUB\PKNOX\729481.1 (v8/22)
Consultant:

Date:

Proposal Bid No.:

Task Order #:

Contract No.:

Budget No.:

Task / Project Name:

Description of Services:

Estimated Start Date:

Estimated End Date
Dollar Amount of Task Order: Not to exceed $
Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit(s) Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.

Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA NV5, Inc.

DE-24-195-SQ
Plan Checking Services, Map Checking
Services, and WQMP Review
06/30/2025
08/01/2024
10137404.8116
90,000.00
To provide On-Call Plan Checking Services, Map Checking and WQMP review for Fiscal Year 2025.
12537401.8130
7/01/2024
1 DE-24-195-SQ
437 805
The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number:

RVPUB\PKNOX\729481.1 (v8/22)

CITY OF FONTANA
By:

City Manager
(Required if Over $50,000)
By:

By:

Deputy City Manager
Attest: 1
By:

By:

Department of Engineering

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

Finance

Purchasing Office

1 Attestation of Consultant’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.

Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA NV5, Inc.

DE-24-195-SQ
438 806

PRICING PROPOSAL

LAND DEVELOPMENT IMPROVEMENT PLAN CHECK
Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

ENGINEERING SERVICES HOURLY RATE**
Principal $280
Project Director $240
Project Manager $230
Quality Assurance Manager $210
Senior Traffic Engineer $230
Traffic Engineer $190
Senior Structural Engineer $215
Structural Engineer $190
Plan Check Engineer III $190
Plan Check Engineer II $165
Plan Check Engineer I $140
Senior Engineer $170
Engineer $155
Senior Project Engineer $185
Project Engineer $150
Assistant Engineer $128
Senior Designer $148
Designer $128
CADD Technician $108
Administration $98
SURVEY PROFESSIONAL SERVICES HOURLY RATE**
Junior Engineer/Planner/Scientist/Surveyor $132
Assistant Engineer/Planner/Scientist/Surveyor $150
Associate Engineer/Planner/Scientist/Surveyor $170
Senior Engineer/Planner/Scientist/Surveyor $185
Manager $240
Associate $250
Principal $270
GEOTECHNICAL PROFESSIONAL SERVICES HOURLY RATE**
Senior Principal Engineer/Geologist $245
Principal Engineer/Geologist $225
Associate Engineer/Geologist $205
Senior Engineer/Geologist $185
City of Fontana | On-Call Engineering Services NV5 | 37 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 439 807

PRICING PROPOSAL
Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

Senior Staff Engineer/Geologist $155
Staff Engineer/Geologist $135
Project Engineer/Geologist $155
Senior CQA Manager $170
CQA Manager $150
Field Supervisor $150
Administration Staff $75

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Delivery, Freight, Courier Cost
Agency Fees Cost
** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

LAND DEVELOPMENT IMPROVEMENT PLAN CHECK
City of Fontana | On-Call Engineering Services NV5 | 38 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 440 808

PRICING PROPOSAL

LAND DEVELOPMENT MAP CHECK
Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

SURVEY PROFESSIONAL SERVICES HOURLY RATE**
Junior Engineer/Planner/Scientist/Surveyor $132
Assistant Engineer/Planner/Scientist/Surveyor $150
Associate Engineer/Planner/Scientist/Surveyor $170
Senior Engineer/Planner/Scientist/Surveyor $185
Manager $240
Associate $250
Principal $270

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Delivery, Freight, Courier Cost
Agency Fees Cost
** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

City of Fontana | On-Call Engineering Services NV5 | 39 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 441 809

PRICING PROPOSAL

LAND DEVELOPMENT DRAINAGE STUDY AND SEWER AREA STUDY REVIEW Fee Schedule
Rates are effective through the first year of the contract. After that time, rates will increase 3% annually.

ENGINEERING SERVICES HOURLY RATE**
Principal $280
Project Director $240
Project Manager $230
Quality Assurance Manager $210
Senior Traffic Engineer $230
Traffic Engineer $190
Senior Structural Engineer $215
Structural Engineer $190
Plan Check Engineer III $190
Plan Check Engineer II $165
Plan Check Engineer I $140
Senior Engineer $170
Engineer $155
Senior Project Engineer $185
Project Engineer $150
Assistant Engineer $128
Senior Designer $148
Designer $128
CADD Technician $108
Administration $98

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Delivery, Freight, Courier Cost
Agency Fees Cost
** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

City of Fontana | On-Call Engineering Services NV5 | 40 Docusign Envelope ID: 5C30BF39-FDFA-414A-9435-49FBB6C8C1FA 442 810