Fontana City Council
September 24, 2024

Tuesday, September 24, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1958 Reso. No. 2024-108
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda September 24, 2024 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602.

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.

PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION (Gov. Code Section 54956.9(d)(1)) Name of
case: City of Fontana v. Robert Constant. Case #:

CIVSB2127040.

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

Ray Ebert, Deputy City Manager and Rakesha Voss,
Director of Human Resources and Risk Management .
21-3307

2 City Council Meeting Regular Agenda September 24, 2024 Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining
Unit; Police Management Association; Police Benefits
Association; Police Officers Association and
Management/Confidential Employees.

3.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Government Code section 54956.9(b)
One Potential Case: Confidential per court order.

U.S. District Court Central District of California
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to swear in new Fontana Police Officers, Jeneva Ceniceros, Rosendo Chavez,
Anthony Martinez, Andrew O ’Brien, Shane Ogle, Daniel
Oliver, Gavin Rivers, Ryan Ruff, Anthony Simpson &
Holden Sparrow (Chief Michael Dorsey to present).

2. Mayor Warren and City Council to recognize, Officers Steve Reed, Danny Romero & Sal Valencia and Community
Policing Technicians Jackie Ayala & Heather Howard as
July 2024 Employees of the Month (Captain Binks to
present).

3. Mayor Warren and City Council to honor Staff Sergeant, Joseph F. Rodriguez for his Military Service (Parents Gogi and Frank Rodriguez to accept on his behalf).

4. Mayor Warren and City Council to recognize the Future Shapers Academy Program.
21-3306
PROCLAMATION:

A. Proclamation
A. Mayor Warren and City Council to proclaim September as Emergency Preparedness Month (Emergency Services
21-3309

3 City Council Meeting Regular Agenda September 24, 2024 Coordinator, Eva Terekhova to accept proclamation and
present certificates to CERT and LISTOS instructors and participants).

PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-3297
Approve the minutes of the September 10, 2024, Regular City Council Meeting.

City Council Meeting Minutes 09-10-2024.pdfAttachments:

B. Approve Donations of Dog “Dax” and Present and Future Accompanying K- 9 Dog Equipment from Fontana Police
K-9 Pals, a California Nonprofit Corporation
21-3192

1. Approve the donation of the dog “Dax” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Dax” to become part of the Fontana Police Department’s K-9 Unit.

2. Authorize the donation of current and future K-9 dog equipment from Fontana Police K-9 Pals to support the operations of the Fontana Police Department’s K-9 Unit
C. Approve Donations of Dog “Crash” and Present and Future Accompanying K- 9 Dog Equipment from Fontana Police
K-9 Pals, a California Nonprofit Corporation
21-3193

1. Approve the donation of the dog “Crash” from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Crash” to become part of the Fontana Police Department’s K-9 Unit

4 City Council Meeting Regular Agenda September 24, 2024

2. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department ’s K-9 Unit Operations
D. Establish a partnership with GRID ALTERNATIVES, a solar affordable housing program, for low-income properties
21-3210
Request City Council to Adopt Resolution No. 2024-108, to collaborate with GRID Alternatives to conduct a solar installation project for low-income homeowners in Fontana.

GRID Alternatives City Resolution.docxAttachments:

E. Final Acceptance of Tract No. 20018 In-Tract
Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping
21-3233

1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system.

TRACT 20018 - BOND AND SUBDIVISION
IMPROVEMENT AGREEMENT.pdf
TRACT 20018 - VICINITY MAP.pdf
TRACT 20018- RECORDED TRACT.pdf
TRACT 20018 - IN-TRACT SEWER ACCEPTANCE
RESOLUTION.docx
Attachments:

F. Amend previously approved Cooperative Agreement
between the City of Fontana and the San Bernardino
County Public Works Department for annual routine
maintenance and emergency response projects.
21-3246
Authorize the City Manager to enter into the updated Cooperative Agreement with the San Bernardino County Public Works Department for annual routine maintenance and emergency response projects.

Con-PW-Trans 8-12-24 Cooperative Agreement with City of Fontana.docx
Original 2019 Agreement.pdf
Vicinity Map for Service Area.pdf
Attachments:

G. 2023 Permanent Local Housing Allocation (PLHA) Award and Revised Plan
21-3252

1. Approve the proposed revised Permanent Local Housing Allocation

5 City Council Meeting Regular Agenda September 24, 2024 (PLHA) plan;

2. Adopt Resolution No. 2024-109, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD).

3. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;

4. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements;

5. Authorize the City Manager, or City Manager’s designee, to award and enter into any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program.

PLHA Year 4 Resolution 9.24.24.docx
DRAFT PLHA Formula 5-year-plan-amendment 3.pdf
Attachments:

H. Award a Construction Contract for Public Works Concrete Maintenance Project Map Grid 19 (PW-24-133-SB)
21-3270

1. Adopt Resolution No. 2024-110, a resolution of the City Council of the City of Fontana to award a contract.

2. Approve and authorize the City Manager to execute a construction contract with MAJ Engineering from Chino Hills, CA for the construction of the Public Works Concrete Maintenance Project in the amount of $210,527.00 and authorize a 10% contingency in the amount of $21,052.70
Resolution.docx
Bid Results by Pricing PW-24-133-SB.pdf
MAJ Engineering Bid
Map Grid 19.pdf
Attachments:

I. Purchase & Sale Agreement - Downtown Fontana Property 21-3277

6 City Council Meeting Regular Agenda September 24, 2024

1. Approve a Purchase & Sale Agreement for the building and associated land located at 16736 Arrow Boulevard, more specifically described as APN 0191-162-13 and APN 0191-162-40 in the amount of $871,000

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement. 16736 Arrow Purchase Agreement SIGNED.pdfAttachments:

J. Acceptance of Final Map for Tract No. 20511 21-3281
Approve the Final Map for Tract No. 20511, located on the south side of Sierra Lakes Parkway between Lytle Creek Road and Maloof Avenue.

TRACT 20511 - VICINITY MAP.pdf
TRACT 20511 - SUBDIVISION IMPROVEMENT
AGREEMENT WITH BONDS.pdf
TRACT 20511 - FINAL MAP.pdf
Attachments:

K. Conflict-of-Interest Code 2024 Local Agency Biennial Notice Pursuant to the Political Reform Act
21-3286

1. Receive and File the 2024 Local Agency Biennial Notice Pursuant to the Political Reform Act

2. Direct staff to promulgate the necessary amendments and return to the City Council prior to December 30, 2024 for adoption pursuant to the Political Reform Act.
2024 Local Agency Notice_Fontana.pdfAttachments:

L. Approve Final Change Order with California Professional Engineering and Final Acceptance for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22)
21-3287

1. Authorize the City Manager to approve Change Order No. 3 with California Professional Engineering in the amount of $58,856.82 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22).

2. Accept as complete the work performed by California Professional Engineering for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (SB-08-DE-22).

Vicinity Map
CCO #3 (Conduit Change Added Signs).pdf
Attachments:

7 City Council Meeting Regular Agenda September 24, 2024 M. Accept Donation from Kaiser Permanente (From Garden to Table: Fontana Flavor Academy)
21-3289
Accept donation from Kaiser Permanente in the amount of $10,000 for use towards “From Garden to Table: Fontana Flavor Academy.” 090424 Kaiser Permanente (From Garden to Table-Fontana
Flavor Academy).pdf
Attachments:

N. Final Acceptance of the Sierra Lakes Pavement
Rehabilitation Project
21-3291
Accept as complete the work performed by Matich Corporation for the Sierra Lakes Pavement Rehabilitation Project (#37604130).

Sierra lakes pavement rehab Project.pdfAttachments:

O. Police Department Monthly Information Update 21-3296 Accept the Police Department monthly information update for July 2024.

July 2024 Report for City Council Rev.pptxAttachments:

P. Feasibility Study and Cost/Benefit analysis of the formation of a Community Choice Aggregation.
21-3300
Approve staff recommendation to engage with GDS Associates Inc. to perform a feasibility study and a cost/benefit analysis for the formation of a Community Choice Aggregation for the City of Fontana.

Ascend Analytics for City of Fontana CCA Formation and
Operation RFP March 2024.pdf
CCA Formation and Operation.pdf
City of Fontana RFP CM-24-167-SP Community Choice
Aggregation (CCA) Formation and Operation Proposal -
REV 1.pdf
Attachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor

8 City Council Meeting Regular Agenda September 24, 2024 (b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-3228

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

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

3. Adopt Resolution No. 2024-111, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Weed Abatement Resolution September 2024
Attachments:

B. Public Hearing for Consolidated Annual Performance
Evaluation Report (CAPER) Fiscal Year 2023-2024
21-3198

1. Conduct a public hearing for the Consolidated Annual Performance and Evaluation Report prepared for the U.S. Department of Housing & Urban Development to report on specific Federal housing assistance and community development activities undertaken by the City of Fontana during Fiscal Year 2023-2024; and

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

PY23 CAPER Draft 9.5.24.pdfAttachments:

C. First Public Hearing for the Five-Year Consolidated Plan (2025-2029)
21-3222
Conduct a first public hearing to receive comments from members of the public concerning housing and community development needs, program

9 City Council Meeting Regular Agenda September 24, 2024 performance, and strategies for affirmatively furthering fair housing.

NEW BUSINESS:

A. New Business
A. Issuance of Special Tax Bonds for CFD #109 (Narra Hills) 21-3299 Adopt Resolution No. 2024-112 of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 109 (Narra Hills) Special Tax Bonds, Series 2024, in an aggregate principal amount of not to exceed $37,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.

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

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on October 8, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3307 Agenda Date: 9/24/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, September 24, 2024
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 9/17/2024Page 1 of 1
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3306 Agenda Date: 9/24/2024
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, September 24, 2024
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 9/19/2024Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3309 Agenda Date: 9/24/2024
Agenda #: A. Category: Consent Calendar
Proclamations
Tuesday, September 24, 2024
2:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 9/17/2024Page 1 of 1
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13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3297 Agenda Date: 9/24/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the September 10, 2024, Regular City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the September 10, 2024, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, September 10, 2024

2:00 PM

Grover W. Taylor Council Chambers

City Council Meeting

Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer

15

CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION

The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 10, 2024.

Mayor Warren called the meeting to order at 12:33 p.m., with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LABOR NEGOTIATORS – ALL BARGAINING UNITS EXCEPT

POLICE OFFICER'S ASSOCIATION
(Gov. Code Section 54957.6)

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood/Orange and San Bernardino Counties, Inc. vs. City of Fontana

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Jessica Perez vs. City of Fontana Case No. 5:24-CV-00239-JGB-SHK

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: 16736 Arrow Boulevard, APN #'s 0191-162-13 and 0191-162-40 City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Kim Family Trust (12-3-2004), Chung H Kim Under Negotiating: Price and Terms of payment

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov. Code Section 54957)
Title: City Manager

7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov. Code Section 54957)
Title: City Attorney
16

CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, September 10, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:08 p.m.

ROLL CALL:

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

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

ABSENT: None

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Mayor Pro Tem Garcia.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action .

PROCLAMATIONS:

A. P roclamations

1. Mayor Warren and the City Council proclaim ed September as Human Resources Month, presenting a proclamation to Risk Manager Susan Mendoza.

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and the City Council recognized Corporal s Buddy Porch and Garrett Gooselaw, as June 2024 Employees of the Month.
17

2. Mayor Warren and the City Council recognized Human Resources Technician Anastasia Muratalla as the Human Resources and Risk Management Employee of the Year.

3. Mayor Warren and Ci ty Council recognized IT Business Analyst II Sharon Tan, IT Network/Security Administrator Chris Ulreich, and IT Technician I Isaak Marquez as the Innovation and Technology Department Employees of the Year.

PUBLIC COMMUNICATIONS:

A. Public Communications

The following individuals spoke under public communications:

Frank Atry discussed concerns with the Police Department and an incident on August 29, 2024.

Janelle Ruiz, Public Affairs Manager for So Cal Gas introduced herself to the Council and the community.

Anthony Cordova discussed concerns with off-road vehicles riding near homes in Jurupa Hills and creating disturbances in the area. Also discussed concerns with lights being out at the Metrolink station.

Theresa Coleman thanked the City for various improvements and discussed concerns with multiple code violations along Miller Avenue and efforts to report through Fontana 311. Also stated that additional medical facilities, retail, and schools would be needed as the population grows.

CONSENT CALENDAR:

Council Member Cothran abstained on Item “S” since he owns property within the project area.

ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed by a vote of 5- 0 to approve Consent Calendar Items “A-AD” with Council Member Cothran abstaining on Item “ S.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN:

None; ABSENT: None

A. Approval of Minutes 21-3209
Approve the minutes of the July 23, 2024, Regular City Council Meeting and the July 25, 2024, Special City Council Meeting.

18

B. Adoption of Ordinance No. 1955 (Second Reading), Removal of 21-3206 Auto Center Overlay from Walnut Village Specific Plan
Second Reading/Adopt Ordinance No. 1955 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue.

C. Adoption of Ordinance No. 1956 (Second Reading), Walnut 21-3207 Village Specific Plan
Second Reading/Adopt Ordinance No. 1956 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan.

D. Donation of Surplus Vehicles to Rotary Club of Fontana 21-3238 Approve the donation of two City of Fontana Police vehicles to Rotary Club of Fontana.

E. Authorize the Purchasing Office to Piggy-back Using County of 21-3143 Los Angeles Maintenance Contract for Central Mix Rubberized Emulsion Aggregate Slurry (REAS)

1. Authorize the Purchasing Office to piggy-back using the County of Los Angeles Contract No. MA-IS-2440097-1 with Petrochem Materials Innovation, LLC to include Central Mix Rubberized Emulsion Aggregate Slurry as a treatment option for the City per Fontana City Code 10-152.

2. Authorize the City Manager to execute an On-Call Maintenance Contract with Petrochem Materials Innovation, LLC and any future amendments.

F. Approve a Contract with TA Mentoring Services LLC for the 21-3204 Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.

1. Approve a contract in the amount of $517,000 with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s five (5) Middle School sites.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement. 19

G. Approve a Contract EBK & Company LLC to provide 21-3205 and deliver the US Engineering League for the Fontana Expanded Learning Program

1. Approve a contract in the amount of $300,000 with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club for the Fontana Expanded Learning Program at ten (10) Elementary School sites and the five (5) Middle School sites.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

H. Authorize the purchase of two (2) 150kVA portable generators 21-3215 Authorize the Public Works to use the Sourcewell Contract Agreement (#020923-MTQ) for the purchase of two (2) Multiquip 15kVA portable generators DCA150SSJU4F3 for $110,707.50 each including Taxes and any additional Delivery fees.

I. Acceptance of 2025 ABC Grant 21-3217

1. Approve an ABC Grant in the amount of $23,601.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary, operation, and equipment.

2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,601.00.

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

4. Approve an increase to revenues and appropriations in the amount of $23,601.00 to fund #40100004-301-A

J. Authorization to Apply for 2024 Healthy Homes Production 21-3223 Grant Program

1. Authorize the Fontana Housing Department to apply for the 2024 U.S.

Department of Housing and Urban Development Healthy Homes Production Grant Program (HHP).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the Healthy Homes Production Grant Program (HHP).
20

K. Authorize examination of sales and use tax records 21-3227 Adopt Resolution No. 2024-102, authorizing access to sales and use tax records.

L. Approve Security Substitution for Tract No. 16897, located 21-3229 south of Miller Avenue and west of Lime Avenue, for 5A
Holdings, LLC.

Approve security substitution for infrastructure improvements of Tract No. 16897 and authorize the City Manager to enter into a Subdivision Improvement Agreement with 5A Holdings, LLC for construction of infrastructure improvements.

M. Approve Security Substitution for Tract No. 20382, located 21-3230 south of Foothill Boulevard and west of Banana Avenue, for Serena Village 206 Owner, LLC.

Approve security substitution for infrastructure improvements of Tract No. 20382 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements.

N. Approve Amendment No. 1 to Task Order No. 1 21-3232 (DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services

1. Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 1 (DE-24-195-SQ) with NV5, Inc. in the amount of $90,000 and an amended Task Order total of $180,000 for additional plan check, map check, and WQMP review services.

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 1 with NV5, Inc.

O. Approve Amendment No. 1 to the Professional Services 21-3237 Agreement for Architectural Design Services of the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP)

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $1,090,490.00 for a total contract amount of $1,189,490.00.

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00.

3. Authorize the City Manager to execute any and all utility agreements, 21

utility easements, and any related items on behalf of the City of Fontana for the City Hall Renovation Project - Phase II (City Hall).

P. Adoption of Resolution No. 2024-103 of the City Council of the 21-3240 City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.

Adopt Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.

Q. Approve the Designated Subrecipient Agreement with Caltrans 21-3241 for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Agreement for the Building a Better Connected Inland Empire Project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan Area.

Approve and authorize the City Manager to execute the Designated Subrecipient Agreement and future amendments with Caltrans for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant agreement for the Building a Better Connected Inland Empire project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area.

R. Approve an Agreement for the Collection of the Inland Empire 21-3243 Utilities Agency Water Connection Fee by the City of Fontana.

Authorize the City Manager to enter into an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee.

S. Final Acceptance of the North Heritage Phase 1 Fiber Optic 21-3245 Project
Accept as complete the work performed by GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project (#37600023).

T. Approve an Increase in City-Owned Contingency for the 21-3249 Design-Build Contract for the Downtown Parking Structure Project (SQ-24-DE-23-01)
Approve and authorize the City Manager to increase the city-owned contingency in the amount of $800,000.00 for a total city-owned contingency amount of $1,700,000.00.

U. Accept Contribution from San Bernardino County for Homeless 21-3251 Operating and Case Management Services
Authorize the City Manager or his designee to enter into a contract with the County of San Bernardino Board of Supervisors to accept a contribution in the amount of $600,000 to provide ongoing services, including operational management of homeless services and professional case management 22

services at The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), located at 17133 Valley Boulevard, Fontana, Ca 92335.

V. Approve Measure I Five-Year Capital Project Needs Analysis 21-3254 for Fiscal Years 2025/2026 - 2029/2030
Adopt Resolution No. 2024-104, adopting the Fiscal Years 2025/2026 - 2029/2030 Measure I Five-Year Capital Project Needs Analysis (CPNA).

W. Approve Main Extension Contract with the San Gabriel Valley 21-3256 Water Company
Approve and authorize the City Manager to execute a Main Extension Contract with the San Gabriel Valley Water Company.

X. Approve an Easement with Southern California Edison (SCE) 21-3259 Company at Sierra Avenue & Coyote Canyon Road (formerly Lytle Creek Road), for I-15 Logistics (Caprock)
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

Y. Police Department Monthly Information Update 21-3264 Accept the Police Department monthly information update for June 2024.

Z. Fontana Lewis Library & Technology Center Entry Precast Stair 21-3250 Replacement
Award Bid and Authorize the City Manager to execute a contract with Ace Capital Engineering of Lake Forest, CA in the amount of $123,158.20 to Replace Precast Stairs of Lewis Library Entry and authorize a 10% contingency in the amount of $12,315.82

AA. Reimbursement Agreement Between the City of Fontana and IE 21-3269 Centerfield, LLC (IE) for the Sierra Avenue Basin Storm Drain Improvement Plans
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.

AB. Resolution in Support of Proposition 36: The Homelessness, 21-3273 Drug Addiction, and Theft Reduction Act
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

23

AC. Resolution of Intention to Form Community Facilities 21-3278 District No. 115M (TM 19156)
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.

AD. Resolution of Intention to Form Community Facilities 21-3280 District No. 116M (TM 20511)
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.

PUBLIC HEARINGS:

A. Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, a 21-3213 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.

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.

Associate Planner Alexia Barberena provided the staff report.

Mayor Pro Tem Garcia discussed the importance of enforcing the City's policy on the sale of single-serve alcohol.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

The following individuals spoke in opposition:

1. The appellant, Juggy Singh asked the Council to temporarily approve the sale of single use distilled spirits for one year to determine if there were any issues with selling. Stated 24

that his business would need to close if the sale of single use distilled spirits were not approved.

Mayor Warren closed the public hearing.

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

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

City Manager Matt Ballantyne discussed the Line Fire and the City's efforts with providing public safety support. Also stated that the Jessie Turner Health and Fitness Center had been designated as an evacuation center for evacuees of the Line Fire . Commended Community Services staff for their support efforts along with the Red Cross.

Mayor Warren thanked Council Member Cothran for his support and efforts with helping to set up the evacuation center.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Treasurer Koehler-Brooks did not have any comments.

City Clerk Key congratulated all staff who were recognized at today's meeting.

Council Member Cothran commended Community Services Director Daniel Schneider and staff for their efforts with coordinating the use of the Jesse Turner Health and Fitnes s Center as an evacuation center. Also discussed the City's donation of public safety vehicles to the City of San Felipe, Mexico.

Mayor Pro Tem Garcia did not have any comments.

Council Member Sandoval asked the community to pray for fire personnel and expressed condolences to the families of the individuals who today ’s meeting w ould be adjourned in memory of. Also wished his grandson Francisco a happy birthday.

Council Member Roberts expressed condolences to the families of the individuals who today ’s meeting would be adjourned in memory of.

Mayor Warren discussed the cooling centers throughout the city , stated that outdoor events were cancelled this week due to heat and air quality. Discussed recent events including Love Fontana, the regional meeting to address homelessness and the Citylink grand opening. Also 25

thanked County Supervisor Jesse Armendarez for his support with the recent wildfires and asked the community to pray for all victims and evacuees.

ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:

1. Pastor Samuel E.A. Dawkins

2. Reginald Webb

3. David Wibert

Mayor Warren adjourned the meeting at 3:24 p.m. to the Regular City Council Meeting on Tuesday, September 24, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_____________________
Christina Rudsell, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 10, 2024.

_______________________
Germaine Key
City Clerk

26 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3192 Agenda Date: 9/24/2024
Agenda #: B. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Donations of Dog “Dax”and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation RECOMMENDATION:

1. Approve the donation of the dog “Dax”from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Dax”to become part of the Fontana Police Department’s K-9 Unit.

2. Authorize the donation of current and future K-9 dog equipment from Fontana Police K-9 Pals to support the operations of the Fontana Police Department’s K-9 Unit COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The City of Fontana Police Department currently has a need for an additional dog to become part of its K-9 Unit. Fontana Police K-9 Pals, a California nonprofit corporation, has a dog named “Dax”that it desires to donate permanently and irrevocably to the City of Fontana at no cost in order to fulfill the Police Department’s needs. “Dax” was purchased for $9,000 by the Fontana Police K-9 pals. “ K-9 “Dax”has been certified for patrol and tracking and will also be attending detection training in the future. He will be cross trained in narcotics detection. Fontana Police K-9 Pals also desires to donate, on an on-going basis, accompanying K-9 dog equipment in order to support the Police Department’s K-9 Unit operations, such as, but not limited to, e-collars, leashes, and toys. The Police Department would like to receive the donation of “Dax”into its K-9 Unit and would also like to receive present and future donations of accompanying K-9 dog equipment for its operations from Fontana Police K-9 Pals FISCAL IMPACT:

The acceptance of canine “Dax”represents a cost savings to the City of $9,000.00 plus continued savings through additional donations of related equipment from K-9 Pals. On-going maintenance costs for canine “Dax” are included in the Fiscal Year 2024-2025 budget.

MOTION:

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Agenda #: B. Category: Consent Calendar
Approve staff recommendation.

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28 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3193 Agenda Date: 9/24/2024
Agenda #: C. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Donations of Dog “Crash” and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation RECOMMENDATION:

1. Approve the donation of the dog “Crash”from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Crash”to become part of the Fontana Police Department’s K-9 Unit

2. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit Operations COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The City of Fontana Police Department currently has a need for an additional dog to become part of its K-9 Unit. Fontana Police K-9 Pals, a California nonprofit corporation, has a dog named “Crash” that it desires to donate permanently and irrevocably to the City of Fontana at no cost in order to fulfill the Police Department’s needs. “Crash” was purchased for $9,000 by the Fontana Police K-9 pals. “ K-9 “Crash”has been certified for patrol and tracking and will also be attending detection training in the future. He will be cross trained in narcotics detection. Fontana Police K-9 Pals also desires to donate, on an on-going basis, accompanying K-9 dog equipment in order to support the Police Department’sK-9 Unit operations, such as, but not limited to, e-collars, leashes, and toys. The Police Department would like to receive the donation of “Crash”into its K-9 Unit and would also like to receive present and future donations of accompanying K-9 dog equipment for its operations from Fontana Police K-9 Pals.

FISCAL IMPACT:

The acceptance of canine “Crash”represents a cost savings to the City of $9,000.00 plus continued savings through additional donations of related equipment from K-9 Pals. On-going maintenance costs for canine “Crash” are included in the Fiscal Year 2024-2025 budget.

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MOTION:

Approve staff recommendation.

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30 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3210 Agenda Date: 9/24/2024
Agenda #: D. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Establish a partnership with GRID ALTERNATIVES, a solar affordable housing program, for low- income properties.

RECOMMENDATION:

Request City Council to Adopt Resolution No. 2024-108, to collaborate with GRID Alternatives to conduct a solar installation project for low-income homeowners in Fontana.

COUNCIL GOALS:
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses. · Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.

DISCUSSION:

GRID Alternatives is a 501(c)(3) certified non-profit, founded in 2004, to make renewable energy technology and job training accessible to underserved communities. GRID Alternatives is interested in partnering with the City to encourage Fontana property owners to utilize the Single-family Affordable Solar Homes Program (SASH) and Cap and Trade funds available to install renewable power systems on their property.

The basic program guidelines are as follows:
1) Only owner-occupied single-family homes are eligible. 2) Home must be in target area as established by either the Qualified Census Tract, as determined by the federal Housing and Urban Department, or by the Disadvantaged Community Area, as determined by the Cap-and-Trade Program. 3) Applicant’s household income must be less than or equal to 80% of the area median income (Low-Income).
4) Funds provided as a grant.
5) Average funding of $15,000 to $20,000 per project.
6) No lien recorded against the property.
7) No home equity required.
8) No restriction on resale.

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qualified property owners and does not have loan term nor an interest rate associated with the project. Each qualified property owner decides if GRID Alternatives meets their needs as it is one of many options available to property owners for energy efficiency improvements.

Participating in this partnership is valuable as the City works towards completing its sustainable goals. By supporting GRID Alternatives, Fontana is working towards increasing the amount of renewable energy use by promoting income qualified solar housing programs that provide no or low cost solar for families living with limited and fixed incomes.

If approved, staff will work with GRID Alternatives to develop several marketing strategies to advertise the program to income-eligible residents.

The organization currently collaborates with several local cities, including Cities of Rancho Cucamonga, Upland, Rialto, Redlands and Riverside.

FISCAL IMPACT:

No Fiscal Impact.

MOTION:

Approve staff recommendation.

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32 Ordinance No. 2024-
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA DECLARING ITS SUPPORT AND COLLABORATION

WITH GRID ALTERNATIVES TO PROMOTE COMMUNITY

PARTICIPATION IN THE DISADVANTAGED COMMUNITIES - SINGLE- FAMILY AFFORDABLE SOLAR HOMES PROGRAM.

WHEREAS, GRID Alternatives is a 501 (c) (3) certified non-profit organization that, through its core program called Energy for All Program, helps communities nationwide to get clean, affordable renewable energy, transportations and jobs; and WHEREAS, GRID Alternatives currently serves as Program Administrator to the Disadvantaged Communities - Single-Family Affordable Solar Homes (DAC-SASH) and Self Generation Incentive Program (SGIP) funds administered by the California Public Utilities Commission and Southern California Edison for disadvantaged communities – Energy for All Program; and
WHEREAS, GRID Alternatives provides education on and access to energy efficiency programs that further reduce a household's energy consumption and expenses; and
WHEREAS, homeowners participating in the DAC-SASH program pay no out -of- pocket costs, will not have a lien recorded against the property, are not required to have any home equity, and have no restriction on resale of the property; and WHEREAS, the Energy for All Program and the DAC-SASH Program also provide a foundation for promoting and building a sustainable solar industry by incorporating a workforce development and job training component into the program.

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

Section 1. The City Council hereby declares their intention to approve the collaboration and support of a marketing campaign with GRID Alternatives to promote participation in the DAC-SASH Program for low-income homeowners in Fontana.

Section 2. The City agrees to utilize its resources to promote participation such as advertising on the City’s website, and on various social media outlets in addition to other promotional strategies that may be mutually developed.

33 Ordinance No. 2024-
PASSED AND ADOPTED at a regular meeting of the City of Fontana this 28th day of September, 2024, by the following vote:

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council on the 24th 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

34 Ordinance No. 2024-

ATTEST:

City Clerk
35 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3233 Agenda Date: 9/24/2024
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of Tract No. 20018 In-Tract Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping
RECOMMENDATION:

1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, Landscape, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system.

COUNCIL GOALS:
· To invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the City's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

D.R. Horton Los Angeles Holding Company, Inc. constructed in-tract Improvements: street, streetlights, sewer, storm drain, landscape, and signing and striping for Tract No. 20018. The private community is located on the east side of Lytle Creek Road, north of Summit Avenue. Tract No. 20018 is a residential development and has a total of 156 lots.

The City Council of the City of Fontana, during a regular meeting on November 14, 2023, accepted as complete the off-site improvements for Tract 20018 and accepted the public sewers in Tract No. 20018 as part of the city sewer system per Resolution No. 2023-103.

The street, sewer, storm drain, landscape, and signing & striping in-tract improvements for Tract 20018 are now complete and acceptance by the City Council is required pursuant to Fontana Municipal Code, Section 26-184(b). The streetlight improvements are installed by Southern California Edison (SCE) and will be an SCE facility, therefore, acceptance by the City Council is not required.

The street, streetlight, sewer, storm drain, landscape, and signing & striping in-tract improvements have been completed to the satisfaction of the Department of Engineering. By accepting the improvements as complete, the City will be taking over the maintenance of these improvements. SCE City of Fontana Printed on 9/19/2024Page 1 of 2
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will be taking over the maintenance of the streetlight improvements.

This action will also authorize the release of the Faithful Performance Bond, which was posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six (6) months and the Warranty Bond after twelve (12) months, less the total of any claims received by this date. The street, storm drain, and sewer improvements have met all Conditions of Approval and the improvements were inspected by the Department of Engineering.

Tract Map No. Bond No._ Bond Amount_ Bond Type_
20018 LICX1210807 $4,061,931.00 Faithful Performance 20018 LICX1210807 $4,061,931.00 Labor and Materials On July 23, 2024, City Council approved the acceptance of Tract No. 20018 as a part of the City’s sewer system. However, the resolution approving such action did not contain the operative language for approval. Staff is now reintroducing Resolution No. 2024-064 with the proper operative language for City Council approval.

FISCAL IMPACT:

As part of the action to accept as complete the street, sewer, storm drain, landscape, and signing & striping in-tract improvements on for Tract No. 20018, these improvements will be deemed complete, and the City will take over operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 budget in the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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37 Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT

Tract Map No.: 20018

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and D.R. Horton Los Angeles Holding Company Inc ("Subdivider"):

WHEREAS, the application for tentative Tract Map No. 20018, was conditionally approved on July 14, 2020 ; and

WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of imp rovement thereon as set forth in this agreement; and

WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and

WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and

WHEREAS, a Fi nal Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council;

NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:

1. General requirements:

Subdivider shall , at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.

All required improvements have an estimated cost of construction totaling Four Million Six ty-One Thousand Nine Hundred Thirty -One Dollars ($4,061,931.00) as shown on Exhibit " A". Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities 38 Revised – KE -9/17/20

required pursuant to the provisions of section (2), below . Subdivider’s obligation to complete the improveme nts, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:

a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and

b. To secure payment to any contracto r, sub -contractor, pers ons renting equipment or furn ishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and

c. To guarantee or warranty the work done pur suant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the am ount of 20% of the esti mated cost of construction of the improvements; and

d. To warranty the setting of required subdivision monuments within one - year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A".

e. To guarant ee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk.

The terms of the security docu ments required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub -contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the 39 Revised – KE -9/17/20

City Council, less the total o f all claims to which t he City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the secu rity given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.

In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request , Exhibit “B” , for a discretionary extension of the time for completion of the improvements to the City Engineer.

The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If a n extension of time is granted it shall in no way af fect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved e xtension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, t o pay the City in advan ce, sufficient monies to cove r the City's cost in completing construction of the improvements.

Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivid er, or Subdivider’s surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted 40 Revised – KE -9/17/20

the Final Map for reco rdation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencemen t of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the eff ect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Su bdivider's expense, obt ain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improveme nts" means: grading, pa ving, curbs and gutters, path ways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specificati ons which have been pre pared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana . No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engin eer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the C ity thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the C ity as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlik e manner and in accordance with responsible construction practices.

41 Revised – KE -9/17/20

9. Superintendence by Subdivider:

Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all tim es during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whoms oever or by combinat ion of such owners. Any such re pair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

All required improvemen ts shall be construc ted under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this co ntract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaire d or replaced, by th e Subdivider, to the satisfactio n of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any erro r or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any 42 Revised – KE -9/17/20

cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the co mmencement of any wo rk pursuant to this contract, Su bdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees agains t loss or liability which may ar ise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insu rance shall not be l ess than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of prop erty in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.

Such policy shall be in favor of Subdivider or its contractors and of the Ci ty, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, lo ss, damage and liabi lity, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non -performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, t he Subdivider's agents, employees, and sub -contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance b y the City shall in no way elimi nate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an 43 Revised – KE -9/17/20

acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are n ot agents of the City, if any, a re those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under t his Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the Cit y), repair or replace or reconst ruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or r eplacements to be made before Su bdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labo r and materials, or warranty obl igations under this agreement.

18. Warranty:

Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and accep tance thereof by the City , and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.

44 Revised – KE -9/17/20

IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA

By: By:

Shannon Yauchzee, Interim City Manager

By: Attest:

Tonia Lewis, City Clerk

APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney

APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer

Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities

D.R. Horton Los Angeles Holding
Company, Inc.

Name: VICKI GULLION_________
Title: ASSISTANT SECRETARY_
45 Revised – KE -9/17/20

Exhibit “A”

INSERT ENGINEER’S

COST ESTIMATE

IN THIS SPOT

46 Revised 12/1/2016 – GM/RG

STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A"**
SHEET 1
DATE: _____________________
DEVELOPER PROJECT NAME__________________
ENGINEER TRACT MAP NO._________________
PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 5.00 _
ACCESS RAMP EA 2500.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 90.00 _
*A.C.OVERLAY(1"MI.THICKNESS) S.F. .80 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 25 0.00 _
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
==== NAME SIGNS
ELPC20-000035

APPROVED
Permit No.:ELPC20-000035
By: Gabriel Guerrero
Date: 09/03/2020

DEPARTMENT OF ENGINEERING
47 Revised 12/1/2016 – GM/RG
SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 200.00 ________
* 36" RCP L.F. 220.00 ________
* 42” RCP ________ L.F. 240.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4, 500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCE CONCR ETE PIPE

SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 6 0.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
X 4'
XXXXXXX 96" CMP
XXX SDR-35 XXXXX 40.00
XXX SDR-35 XXXXX 37.00
48 Revised 12/1/2016 – GM/RG
SHEET 3

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50K _
TWO CORNERS L.S. 100K _
TRAFFIC SIGNAL NEW L.S. 250K _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________
___________________ ________ EA ________ ________
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________
"STOP"
49 Revised 12/1/2016 – GM/RG

SHEET 4
SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________

IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*)

CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________

IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________

BONDING TOTAL........___________________

APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
50 Revised – KE -9/17/20

SUBDIVISON IMPROVEMENT AGREEMENT
Tract Map No.:

Exhibit “B”

I, D.R. Horton Los Angeles Holding Company Inc. (Subdivider’s name here) am the owner of the property to which this Request is being made for of a Time Extension for Project No. Tract 20018 - Onsite Improvements .

Name: Todd Funk
Subdivider’s Signature:

Subdivider’s Address: 2280 Wardlow Circle, Ste 100
Corona, CA 92280
Date:
(Attached Notary Acknowledgment)

CITY OF FONTANA
BY: DATE:

Ricardo Sandoval, City Engineer

[ ] DENY

[ ] APPROVED

NEW DATE:

51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68

RESOLUTION NO. 2024-064

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ACCEPTING THE IN-TRACT SEWER SYSTEM FOR TRACT NO. 20018 AS PART OF THE CITY’S SEWER SYSTEM.

WHEREAS, Section 23-388 of the Fontana Municipal C ode provides that each addition to or extension of the sewer systems shall be accepted by Resolution of the City Council of the City of Fontana (“City Council”); and

WHEREAS, this Resoltuion shall contain the terms of any special consideration which shall apply to the sewer so accepted; and

WHEREAS, City Council intends to accept the in-tract sewer system for Tract No. 20018 as apart of the City of Fontana sewer system; and

WHEREAS, there is no special consideration that shall apply to the sewer system accepted herein.

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

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Council hereby accepts the in-tract sewer system for Tract No. 20018 as apart of the City of Fontana’s sewer system.

SECTION 3. The City Council hereby finds that this Resolution is exempt from further environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) because, pursuant to section 15378(b)(4) of the California Code of Regulations, this Resolution does not constitute a “project” because it constitutes merely the establishment of government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. Therefore, City staff is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the adoption of this Resolution.

SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution

69 Resolution No. 2024-064

APPROVED AND ADOPTED this 24th day of September, 2024.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 24th day of July, 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

70 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3246 Agenda Date: 9/24/2024
Agenda #: F. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Amend previously approved Cooperative Agreement between the City of Fontana and the San Bernardino County Public Works Department for annual routine maintenance and emergency response projects.

RECOMMENDATION:

Authorize the City Manager to enter into the updated Cooperative Agreement with the San Bernardino County Public Works Department for annual routine maintenance and emergency response projects.

COUNCIL GOALS:
• Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
• Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

On June 25, 2019, the San Bernardino County Public Works Department (SBCPWD) and the City of Fontana Public Works Department entered into an agreement to provide mutual assistance by utilizing the most effective, efficient, and expedient methods for routine infrastructure maintenance and emergency responses on street segments with shared jurisdictional boundaries. Maintenance of storm drain facilities, post-storm event debris cleanup activities, grading and soil stabilization of unimproved roads, emergency asphalt pavement repairs, pavement markings, and striping are examples of typical projects covered under this agreement.

On June 25, 2024, the agreement was approved by the City Council to extend the agreement.

However, the SBCFWD requested to make minor modifications to the agreement after the City’s approval.

The changes in this updated contract include:

1. Section 1.7 allows electronic fund transfers between the City and the County.

2. Expiration date was updated to September 30, 2029

3. A naming correction to San Bernardino County instead of County of San Bernardino.

4. “Not to exceed” was moved in front of $75,000 per project in that title box.

5. In 4.11 language was added that the agreement can be signed electronically through DocuSign.

City of Fontana Printed on 9/19/2024Page 1 of 2
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71 File #: 21-3246 Agenda Date: 9/24/2024
Agenda #: F. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact was previously approved at the June 25th, 2024, council meeting. This updated agreement does not change the previous approved fiscal impact. The approved Funds shall be allocated and available from the Gas Tax (State) Fund # 281 annually in an amount not to exceed $100,000.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/19/2024Page 2 of 2
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72 Standard Contract Page 1 of 7

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Public Works

Department Contract Representative Johnny D. Gayman, P.E.

Engineering Manager
Telephone Number (909) 387-7997

Contractor City of Fontana
Contractor Representative Gia Kim
Public Works Director/ City
Engineer
Telephone Number (909) 350-6655
Contract Term Approximately 5 years ending
September 30, 2029
Original Contract Amount Not to exceed $75,000 per project and $100,000 for each party per
fiscal year
Amendment Amount
Total Contract Amount $100,000 annually
Cost Center 6650002000
Grant Number (if applicable)

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, City of Fontana ( CITY) has observed that many of its street facilities and related appurtenances within its jurisdictional area need occasional maintenance and repair; and

WHEREAS, Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with San Bernardino County (COUNTY) for the maintenance, construction or repair of CITY streets, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of said streets; and

WHEREAS, COUNTY and CITY are sometimes individually referred to in this Agreement as PARTY and collectively referred to as PARTIES; and

Contract Number

SAP Number

73 Revised 7/1/24 Page 2 of 7
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance and repair of its street facilities and related appurtenances within CITY to contract with COUNTY for COUNTY to sometimes perform said work, including emergency work, on CITY street facilities and related appurtenances located within the incorporated area of CITY (hereinafter referred to as "CONTRACT WORK”); and

WHEREAS, CONTRACT WORK will be performed by COUNTY staff and/or COUNTY contractors; and

WHEREAS, CONTRACT WORK will not exceed seventy-five thousand dollars ($75,000) per project and CITY will reimburse COUNTY for all costs incurred by COUNTY in performing such CONTRACT WORK requested by CITY and completed by COUNTY; and

WHEREAS, Streets and Highways Code section 1710 authorizes COUNTY to contract with CITY for the CITY’s maintenance, construction or repair of COUNTY highways; and

WHEREAS, COUNTY has determined that it is necessary for the more efficient maintenance and repair of its highway facilities and related appurtenances to contract with CITY for CITY to sometimes perform CONTRACT WORK, which includes emergency work, on COUNTY highway facilities and related appurtenances located within CITY’s sphere of influence as defined by the San Bernardino County Local Agency Formation Commission; and

WHEREAS, CONTRACT WORK will be performed by CITY staff and/or CITY contractors; and

WHEREAS, CONTRACT WORK will not exceed Seventy -five thousand dollars ($ 75,000) per project and COUNTY will reimburse CITY for all costs incurred by CITY in carrying-out CONTRACT WORK requested by COUNTY and completed by CITY; and

WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to the work described in this Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

SECTION I

1.0 For CONTRACT WORK provided to CITY:

COUNTY AGREES TO:

1.1 Schedule requested work upon receipt of a written “Notice to Proceed” from CITY and to provide to CITY a schedule of work days anticipated for the work for CITY concurrence. COUNTY, through its authorized representative identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove an individual “Notice to Proceed” and provide specific services to CITY.

1.2 Utilize COUNTY’s Department of Public Works labor force and/or contractors in providing services under this Agreement.

1.3 Obtain a no -cost permit from CITY for any CONTRACT WORK to be performed within CITY’s right-of-way. COUNTY’s Director of Public Works, or the Director’s designee, shall have the authority to obtain a permit from CITY for CONTRACT WORK.

1.4 Upon completion of each individual work assignment, submit to CITY an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY and an invoice for such costs.

1.5 COUNTY shall require all contractors and vendors providing CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES.

1.6 Enforce COUNTY’s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.

When applicable, COUNTY shall fill out and submit to the California Department of Industrial Relations a PWC-100 form.
74 Revised 7/1/24 Page 3 of 7

1.7 Accept all payments from CITY via electronic funds transfer (EFT) directly deposited into the COUNTY’s designated checking or other bank account. COUNTY shall promptly comply with directions and accurately complete forms provided by CITY required to process EFT payments.

CITY AGREES TO:

1.8 Provide COUNTY a written “Notice to Proceed” for any authorized work requested by CITY.

1.9 Provide a no-cost permit to COUNTY for its work within CITY's right-of-way.

1.10 After COUNTY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY along with an invoice, to reimburse COUNTY for CONTRACT WORK costs within sixty (60) calendar days after receipt of invoice.

1.11 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the COUNTY.

1.12 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as completing the required CEQA documents.

1.13 When applicable, fill out and submit to the California Department of Industrial Relations a PWC - 100 form.

SECTION II

2.0 For CONTRACT WORK provided to COUNTY:

CITY AGREES TO:

2.1 Schedule the COUNTY requested CONTRACT WORK upon receipt of a written “Notice to Proceed” from the COUNTY and provide to COUNTY a schedule of work days anticipated for the CONTRACT WORK for COUNTY’s concurrence. CITY, through its authorized representative identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove an individual “Notice to Proceed” and provide specific services to COUNTY.

2.2 Utilize CITY's labor force and/or contractors in providing services under this Agreement.

2.3 Obtain a no-cost permit from COUNTY for work within COUNTY’s right-of-way.

2.4 Upon completion of each CONTRACT WORK assignment, submit to COUNTY an itemized accounting of CONTRACT WORK costs incurred by CITY and an invoice for such costs.

2.5 Enforce CITY’s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.

2.6 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CITY’s designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.

2.7 When applicable, CITY shall fill out and submit to the California Department of Industrial Relations a PWC-100 form.

COUNTY AGREES TO:

2.8 Provide CITY a written “Notice to Proceed” for any authorized work requested by COUNTY.

2.9 Provide a no-cost permit to CITY for its work within COUNTY’s right-of-way.

2.10 After CITY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by CITY along with an invoice, to reimburse CITY for CONTRACT WORK costs within sixty (60) calendar days after receipt of invoice.

2.11 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the CITY.

2.12 Comply with any applicable CEQA requirements as well as completing the required CEQA documents.

2.13 When applicable, fill out and submit to the California Department of Industrial Relations a PWC - 100 form.

SECTION III

75 Revised 7/1/24 Page 4 of 7

3.0 IT IS MUTUALLY AGREED:

3.1 The types of CONTRACT WORK shall include, but not be limited to: maintenance or emergency repair of streets/highways, appurtenant fencing , culvert or drainage facilities, grading and application of soil stabilization product on dirt roads, as well as providing heavy equipment for storm debris cleanup, striping, chip sealing, maintenance or emergency paving.

3.2 COUNTY and CITY will accept payment from each other for CONTRACT WORK requested by CITY or COUNTY for up to seventy-five thousand dollars ($75,000) per project.

3.3 The cost for each project shall not exceed seventy-five thousand dollars ($75,000).

3.4 The total cost for all work performed pursuant to Section 1.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement.

The total cost for all work performed pursuant to Section 2.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement.

3.5 CITY or COUNTY is only responsible to provide the CONTRACT WORK of facilities identified in the “Notice to Proceed” from the requesting party (CITY or COUNTY) and agreed to by the non- requesting party (CITY or COUNTY). After completion of CONTRACT WORK on any particular facility, the requesting party (CITY or COUNTY) shall be responsible for all future maintenance and repair work associated with the CONTRACT WORK, unless the non-requesting party (CITY or COUNTY) receives a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written “Notice to Proceed.”

3.6 The PARTIES shall comply with all applicable laws and regulations, including, but not limited to, all applicable Public Contract Code (e.g. bidding requirements), Labor Code (e.g. prevailing wage requirements), Business and Professions Code (e.g. licensing requirements), and Civil Code requirements (e.g. payment bond requirements).

SECTION IV

4.0 IT IS FURTHER UNDERSTOOD AND AGREED:

4.1 The requesting party (CITY or COUNTY) shall prepare and submit to the non -requesting party (CITY or COUNTY) a “Notice to Proceed” that outlines the work requested within the scope and budget limitations of this Agreement. The Notice to Proceed shall include the location (street(s) or highway(s)) the work shall take place on, the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement. The COUNTY Director of Public Works and the CITY Director of Public Works shall have the authority to prepare and submit a “Notice to Proceed,” as well as provide estimates and approve CONTRACT WORK projects up to seventy-five thousand dollars ($75,000) each. The non-requesting party shall develop cost estimates and project schedules for review by the requesting party using COUNTY/CITY-approved labor and equipment rates that include fringe and overhead for actual employee classifications , equip ment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs. If requested, the estimate of cost will be provided to the requesting party prior to the commencement of work. The non-requesting party is under no obligation to perform work tasks and the non-requesting party’s representative identified in Paragraph 4.5 may decline to perform the requested work for any reason or for no reason.

4.2 The Effective Date of this Agreement shall be the first date on which all of the following has occurred: (1) the CITY’s Council and COUNTY’s Board have approved the Agreement; and (2) the authorized representative of each has signed the Agreement.

4.3 Insurance and Indemnification
COUNTY and CITY are authorized self-insured or partially self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrant that through their respective programs of self -insurance and insurance , they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
76 Revised 7/1/24 Page 5 of 7
Neither CITY nor any officer, employee, agent, or volunteer of CITY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, COUNTY shall fully indemnify, defend (with counsel approved by CITY) and hold CITY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury (as defined by Government Code section 810.8) arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or its contractors under or in connec tion with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement.

Neither COUNTY nor any officer, employee, agent or volunteer of COUNTY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully indemnify, defend (with counsel approved by COUNTY) and hold COUNTY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury (as defined by Government Code section 810.8) arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delega ted to and performed by CITY or its contractors under this Agreement.

In the event COUNTY and/or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.

CITY and COUNTY agree to waive all rights of subrogation against each other.

4.4 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by CITY and COUNTY.

4.5 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first cla ss postage, fully prepaid, addressed as follows:

City of Fontana
16489 Orange Way
Fontana, CA 92335
Authorized Representative:

Director of Public Works
San Bernardino County
825 East Third Street
San Bernardino, CA 92415
Authorized Representative:

Director of Public Works

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

4.7 This Agreement shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in San Bernardino County, California. In the event of litigation arising from this Agreement, each PARTY to the Agreement shall bear its own costs, including attorney’s fees. This provision concerning costs shall not apply t o costs or attorney’s fees relative to paragraphs 4.3.
77 Revised 7/1/24 Page 6 of 7

4.8 This Agreement contains the entire Agreement of the PARTIES with respect to subject matter hereof, and supersedes all other prior negotiations, understandings or contracts. This Agreement may only be modified in writing, signed by authorized representatives of both CITY and COUNTY.

4.9 This Agreement may be terminated, with or without cause, by either CITY or COUNTY upon thirty (30) calendar days advance written notice by the party wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation . In the event of cancellation as provided herein, all CONTRACT WORK costs required to be paid by the PARTIES prior to the effective date of cancellation shall be paid by the PARTIES as provided in this Agreement.

4.10 Except with respect to the indemnification obligations contained herein which shall survive the termination of this Agreement, this Agreement shall commence on the date it is approved by both PARTIES, and shall terminate on September 30, 2029, unless it is terminated early as provided in Paragraph 4.9.

4.11 This Agreement may be signed electronically and in counterparts, each of which shall constitute an original.

4.12 The Recitals preceding the terms of this Agreement are incorporated into the terms hereof by this reference and constitute constructive terms of this Agreement.

4.13 Since the PARTIES or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party.

78 Revised 7/1/24 Page 7 of 7

IN WITNESS WHEREOF, COUNTY and CITY have each caused this Agreement to be subscribed by its respective duly authorized officers on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Aaron Gest, Deputy County Counsel Andy Silao, P.E. Noel Castillo, Director Date Date Date

SAN BERNARDINO COUNTY
City of Fontana
(Print or type name of corporation, company, contractor, etc.)

By

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

Matthew C. Ballantyne
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

8353 Sierra Ave

Fontana, CA 92335
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81 82
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89 90
91 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3252 Agenda Date: 9/24/2024
Agenda #: G. Category: Consent Calendar
FROM:

Housing
SUBJECT:
2023 Permanent Local Housing Allocation (PLHA) Award and Revised Plan RECOMMENDATION:

1. Approve the proposed revised Permanent Local Housing Allocation (PLHA) plan;

2. Adopt Resolution No. 2024-109, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD).

3. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;

4. Authorize the City Manager, or City Manager’s designee, to enter into and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements;

5. Authorize the City Manager, or City Manager’s designee, to award and enter into any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program.

COUNCIL GOALS:
· Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by pursing grant opportunities. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

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92 File #: 21-3252 Agenda Date: 9/24/2024
Agenda #: G. Category: Consent Calendar
DISCUSSION:

In 2020, the California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) of approximately $195 million for the Permanent Local Housing Allocation (PLHA) program. Funding for the NOFA is provided pursuant to Senate Bill 2 (SB 2).

SB 2 was signed into law by Governor Brown on September 29, 2017, established the Building Homes and Jobs Trust Fund in order to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in 2019, to local governments for eligible housing activities. The intent of SB 2 is to provide a permanent source of funding to local governments for housing-related projects and programs that address the unmet housing needs in their communities.

The City of Fontana approved a revised five-year plan on September 28, 2021, and June 13, 2023.

In late 2023, HCD announced Formula Allocation Round 4 awards and the City of Fontana was allocated $841,109.00. Total funding received by the City to date is $5,025,379.00.

Since the May 2024 when Council originally approved the 2023 PLHA plan, staff has reevaluated funding needs and has adjusted the plan to include the following activities:
· Acquisition, Rehabilitation, Rental program
· Homelessness Assistance
· Program Administration
The following PLHA activity budgets are identified for the above-mentioned activities for the remaining funding:

Project/Activity Year 1
Expende
d
Year 2
Budget
Year 3
Budget
Year 4
Budget
Acquisition/
Rehabilitation for rental-
occupied units
$466,033 $1,014,104 $956,56
3 $639,24
3 Homelessness
Assistance
$466,033 $434,616 $637,70
8 $159,81
1 Administration $49,056 $76,248 $83,909 $42,055
The PLHA Acquisition, Rehabilitation, and Rental Program is designed to increase the City’s affordable housing stock by purchasing, rehabilitating, and renting single-family properties to income eligible households at or below 80% Area Median Income (AMI). The Housing staff bids on and purchases properties that are available on the market for sale and then rehabilitates them, in order to offer suitable living conditions for low-income families.

In order to have a successful program and to ensure that staff is able to compete with private purchasers, the following processes have been established:

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93 File #: 21-3252 Agenda Date: 9/24/2024
Agenda #: G. Category: Consent Calendar
· The Housing Development Manager would be authorized to submit offers on potential properties;
· The Deputy City Manager (for purchases up to $50,000) or the City Manager (for all purchases over $50,000 and up to the full amount of allocated funds) would be authorized to finalize any contractual and/or escrow documents in order to purchase the properties; · Only the City Manager would be authorized to sign the Certificate of Acceptance that is attached to the Grant Deed to complete the acquisition.

Lastly, if a property that is purchased through the PLHA Acquisition, Rehabilitation, and Rental Program requires any rehabilitation to bring it up to suitable living conditions, Housing staff would create and bid out the necessary items to satisfy any necessary codes and/or regulations.

Authorizing the City Manager, or their designee, to award and enter into construction contracts up to $200,000 would facilitate the timely administration of the program and provide homes to income- eligible families expediently.

The PLHA Homelessness Assistance program will fund street outreach, case management, support services, and the renovation of a navigation center to serve homeless individuals and families within the City of Fontana.

Notice of availability of the revised plan and invitation to comment was published in the Press Enterprise, the San Bernardino Sun and El Chicano newspapers on September 5, 2024.

FISCAL IMPACT:

Expenditure and revenue budgets for the State Permanent Local Housing Allocation (PLHA) were already included in the FY2024-25 budget. Funds were appropriated to the following: Projects:
30200008-295 & 30200009-295.

MOTION:

Approve Staff Recommendation.

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94 Resolution No. 2024-

City of Fontana

AUTHORIZING RESOLUTION OF CITY OF FONTANA AUTHORIZING

THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM.

All, or a necessary quorum and majority of the City Council of the City of Fontana, California, municipality, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS City of Fontana is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Depar tment may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five -year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $5,886,732 in accordance with all applicable rules and laws.
95 3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable : Applicant certifies that it was delegated by the City Council of the City of Fontana to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stat ed in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. The City Manager, or City Manager’s Designee, is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
96 Ordinance No. 2024-
PASSED AND ADOPTED at a regular meeting of the City of Fontana this 24th day of September, 2024, by the following vote:

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council on the 24th day of May, 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

97 Business, Consumer Services and Housing Agency
Permanent Local Housing Allocation
(PLHA) Formula Allocation
5-Year Plan Amendment Form
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Final Filing Date: June 30, 2027
at 4:00 P.M. PST
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent- local-housing-allocation
Email: [email protected]
DRAFT AMENDMENT #3
98 §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
§301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a) Eligible activities are limited to the following: Select below:
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

Yes
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Yes
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

File Name: Gov TIN Provide a signed Gov't TIN Form Uploaded to HCD? Yes File Name: Applicant Delegation
Agreement
Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 19, column AH) Uploaded to HCD? N/A File Name:

Application and/or Adopting the
PLHA Plan (2020-2023
Allocations) Reso
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2020- 2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Yes Uploaded to
HCD? Yes
Zip Code: 92335
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? No §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300(c) and (d)?
A sample agreement can be
found by double clicking on
the icon to the right
N/A
Address: 8353 Sierra Avenue City: Fontana State: CA
Zip Code: 92335
Contact Name: Valerie Gonzales Title: Housing Development Manager Contact Email: [email protected] Contact Phone: (909) 350-6625 Address: 8353 Sierra Avenue City: Fontana State: CA
County: San Bernardino
Auth Rep Name: Matthew C.

Ballantyne Title: City Manager Auth Rep. Email: [email protected] Phone: (909) 350-7654 City: Fontana State: CA Zip: 92335
§300 Eligible Applicants
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non- entitlement local governments.

Applicant: City of Fontana
Address: 8353 Sierra Avenue
§301 Eligible Activities
PLHA Formula - Amendment for years 2020, 2021, 2022, 2023 Rev. 03/18/24 Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: Fontana Docum ent
PLHA Page 2 Formula Allocation Application
99 §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

PLHA Page 3 Formula Allocation Application
100
File Name: Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Uploaded to HCD? Yes §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

The City of Fontana will either conduct homeless activities directly and/or contract with a local provider to operate a navigation center and provide supportive services. 185
§302(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity (55 years required for
rental housing projects)

NA NA NA NA NA
0 §302(c)(4)(E)(ii) Projected Number of
Households Served 45 10 45 10 75
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at
AMI Level
Note: complete for years 2020, 2021, 2022
only

NA NA NA NA NA
§302(c)(4)(E)(ii) Area Median Income Level
Served 30% 30% 30% 30% 30%
§302(c)(4)(E)(i) Percentage of Funds Allocated
for the Proposed Activity 30% 20% 20% 20% 90%
Type of Activity for Persons Experiencing or At
Risk of Homelessness
Supportive/Cas
e Management
Services
Supportive/Ca
se
Management
Services
Navigation
Center Capital
Costs
Navigation
Center
Operating
Navigation
Center
Operating
Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2020 2021 2021 2022 2023
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.

PLHA funds will be used as match for Homekey property operating costs, operation and provision of supportive case management services to clients of a navigation center, provide support services, and potential street outreach. Additionally, the City will use PLHA funds for capital costs associated with the renovation of an transitional housing to serve homeless individuals within the City of Fontana. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project.

The affordable rental housing project(s) to which 2021 and 2022 funds will be awarded are in the very early stages. The major steps to expend these funds and expand affordable housing units are as follows: identify suitable properties to acquire, verify financial feasibility and due diligence, execute agreements, construction and occupancy. Funds will be expended no later than January 2028. 8 §302(c)(4)(E)(iv) Period of Affordability for the
Proposed Activity (55 years required for
rental housing projects)
15 15 15 15
10 §302(c)(4)(E)(ii) Projected Number of
Households Served 2231
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at
AMI Level
Note: complete for years 2020, 2021, 2022
only
442
§302(c)(4)(E)(ii) Area Median Income Level
Served
80% 80% 80% 80%
§302(c)(4)(E)(i) Percentage of Funds Allocated
for Each Affordable Housing Activity 70% 60% 80% 10%
Type of Affordable Housing Activity Rental:

Acquisition
Rental:

Acquisition
Rental:

Acquisition
Rental:

Rehabilitation
PLHA funds will be used to acquire and rehab housing units affordable to Fontana households earning at or below 80% of AMI.

Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2020 2021 2022 2023
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 0%
§302(c)(4) Plan Rev. 03/18/24
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Fontana (City) plans on utilizing its allocated PLHA funds for the following two activities:
* Activity #2: The predevelopment, development, acquisition, rehab, and preservation of affordable homeowner and rental units. * Activity #6: Assisting persons who are experiencing or at risk of homelessness. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

When the City assists households at risk of homelessness, they will target those which earn 30% of AMI or lower and a portion of the activity #2 funds will be marketed to households with incomes at or below 60% of AMI. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The City's Housing Element supports its PLHA 5-Year Plan and facilitates provision of housing opportunities that are affordable to all economic segments, including residents experiencing homelessness and those with low- to moderate-incomes. Several HE Goals are consistent with the Plan. The HE housing goals are as follows: Housing Goal #1: Adequate housing to meet the needs of all residents in Fontana.

Housing Goal #2: A high standard of quality in existing affordable housing stock.

Housing Goal #3: Housing development that is not affected by governmental constraints.

Housing Goal #4: Affirmatively further fair housing in Fontana.

These goals are supported by the housing policies that follow:

Housin
g Policy 1.1: Establish a range of rental and for sale housing opportunities in the city.

Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA Page 4 302(c)(4) Plan101
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Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: MDG & Associated Email: [email protected] Contact Phone: 909-4476-9696 x116 Application Development Team (ADT) Support Form Rev. 03/18/24 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Emily Vander Does Date Requested: 3/30/24 Application Version Date: 3/18/24
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3270 Agenda Date: 9/24/2024
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Construction Contract for Public Works Concrete Maintenance Project Map Grid 19 (PW-24- 133-SB)
RECOMMENDATION:

1. Adopt Resolution No. 2024-110, a resolution of the City Council of the City of Fontana to award a contract.

2. Approve and authorize the City Manager to execute a construction contract with MAJ Engineering from Chino Hills, CA for the construction of the Public Works Concrete Maintenance Project in the amount of $210,527.00 and authorize a 10% contingency in the amount of $21,052.70
COUNCIL GOALS:
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Public Works/Engineering Department (Street and Utility Division) is responsible for maintaining a network of existing sidewalks, pedestrian access ramps, curbs, gutters, driveway approaches, and other miscellaneous concrete improvements.

On June 6, 2024, Street and Utility Division advertised the project for sidewalks, curbs, gutters, curb ramps, walkways, cross-gutters, and driveway approaches within Map Grid 19 which includes north to south Baseline Avenue to Foothill Boulevard and East to West Citrus Avenue to Beech Avenue.

The bid was sent to three hundred seventy-four (374) bidders who were notified of the bid. Bid packets were downloaded/received by thirty-eight (38) vendors and we received twelve (12) bid responses. Twenty-four (24) Fontana vendors were notified. Zero (0) Fontana vendor responses were received. The Sealed Bids were opened electronically at 2:00 p.m. on June 25, 2024. The bids ranged from $210,527.00 to $375,750.00. MAJ Engineering is the lowest bidder in the amount of $210,527.00. The engineer’s estimate was $190,294.00.

After reviewing the proposed bid documents and performing the reference checks, the Public Works Department has determined MAJ Engineering to be the lowest responsible and responsive bidder.

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Per the California Uniform Construction Cost Accounting Commission (CUCCAC), Cost Accounting Policies and Procedures Manual, Article 3, Chapter 1, Code 22034(d), since all bids received were in excess of $200,000, staff has also included a resolution for adoption by four-fifths vote, awarding the contract to MAJ Engineering as the lowest responsible bidder and determining that the City’scost estimate was reasonable.

FISCAL IMPACT:

Funds have been budgeted in FY 2024/25 in the Capital Reinvestment Fund 601 in the Sidewalk Rehabilitation Project No. 37104326-601-A-8329 $102,527.00 and in Concrete Maintenance Operating Budgets 10137106-8130 $25,000.00, and 28137106- 8130 $83,000.00.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

AUTHORIZING TO AWARD A CONTRACT FOR PUBLIC WORKS
CONCRETE MAINTENANCE PROJECT MAP GRID 19 (PW-24-133-SB).

WHEREAS, Fontana Municipal Code Section 10-147(b) provides that an informal bidding procedures for Public projects, as defined public project procedures by the Act and in accordance with the limits listed in Public Contract Code 22032, may be let to contract by informal procedures as set forth in Public Contracts Code 22032; and

WHEREAS, Public Contract Code 220234(d) allows the governing body of the public agency may, adoption of a resolution by a four -fifths vote, award the contract, at two hundred twelve thousand, five hundred dollars ($212,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable; and

WHEREAS, the Public Works Department is recommending the award a contract to MAJ Engineering of Chino Hills, CA for said public works concreate project map grid 19 in the amount of $210,527.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, that the City Manager be and is hereby authorized to award said contract as listed above.

EFFECTIVE DATE: September 24, 2024.

APPROVED AND ADOPTED this 24th day of September 2024.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 24th day of September 2024, by the following vote to wit:

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Resolution No. 2024-

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk

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Bid Results
Project Public Works Concrete Maintenance Project - Map Grid 19 (PW-24-133-SB)

No Vendor Name City State Amount
1 MAJ Engineering Chino hills CA $210,527.00
2 DM CONTRACTING, INC. COLTON CA $215,594.00
3 s&h civilworks Colton CA $228,420.00
4 CT&T Concrete Paving Inc. Diamond Bar CA $269,486.00
5 ONYX PAVING COMPANY INC. ANAHEIM CA $272,000.00
6 Gentry General Engineering Inc Colton CA $275,450.00
7 MSH Development Group Inc Valencia CA $290,214.80
8 Towo Enterprise Inc Fullerton CA $300,675.00
9 FBD Vanguard Construction, Inc. Livermore CA $321,141.00 10 HZS Engineering Inc Orange , CA $367,678.00
11 Metrocell Construction, Inc. Ontario CA $375,750.00
12 We R Builders, Inc. Glendale CA $2,067,484.00

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3277 Agenda Date: 9/24/2024
Agenda #: I. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase & Sale Agreement - Downtown Fontana Property
RECOMMENDATION:

1. Approve a Purchase & Sale Agreement for the building and associated land located at 16736 Arrow Boulevard, more specifically described as APN 0191-162-13 and APN 0191-162 -40 in the amount of $871,000

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by construction of high-quality multi-family housing which also serves to address the affordability needs of this community. · Promote affordable housing by acquisition, substantial rehabilitation, and professional management of selected multi-family properties as a vehicle to reduce crime and code enforcement activity and to address the affordability needs of this community.

DISCUSSION:

The City of Fontana is undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City has acquired various properties in Downtown.

The subject property recently became available for acquisition and staff has negotiated the terms of a favorable acquisition based on prior direction from the City Council.

The acquisition consists of parcels totally approximately 16,500 square feet with a building occupying approximately 1,600 square feet of the parcel.

The city and the seller have negotiated a Purchase Agreement with the following proposed deal- points:

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· The City of Fontana would acquire the property for the price of $871,000. · The City of Fontana will pay the cost of any/all broker, escrow, and title fees. · The City will complete its due diligence on the subject property, including title review, within the next 30 days.
· If approved, the anticipating close of escrow date is October 10, 2024. · Property will be delivered vacant.

Approval of the Purchase Agreement and acquisition of the subject property will complete the assemblage required for the potential development of a 7-acre multifamily community consisting of between 220 and 350 residential housing units further advancing the City’s vision and plans to revitalize the Downtown Community.

At its September 17, 2024 meeting, the Planning Commission adopted Resolution No. PC 2024-046 finding that the proposed acquisition is in conformance with the City’s General Plan, making California Environmental Quality Act (CEQA) findings pursuant to the State CEQA Guidelines Section 15061(b)(3) and directing staff to file a Notice of Exemption.

FISCAL IMPACT:

Monies are currently budgeted and available for the purchase of these properties (total cost of approximately $975,000, including escrow costs, related acquisition fees and expenses, and demolition of the building) - in the Special Projects account # 60230000.8310, Fund 602 - Capital Improvement.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3281 Agenda Date: 9/24/2024
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Map for Tract No. 20511
RECOMMENDATION:

Approve the Final Map for Tract No. 20511, located on the south side of Sierra Lakes Parkway between Lytle Creek Road and Maloof Avenue.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the City's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

Tract No. 20511 is located on the south side of Sierra Lakes Parkway between Lytle Creek Road and Maloof Avenue. The project consist of 127 residential units and associated improvements on approximately 10.3 acres.

Tentative Tract Map No. 20511 (TTM21-000010) was approved by the Planning Commission on June 21, 2022. All conditions precedent to submitting the final map have been completed by the applicant.

The subdivider, D.R. Horton Los Angeles Holding Company, Inc., has complied with all the Conditions of Approval and has dedicated the required right of way and easements as part of the project. The tract map has been reviewed by the City Engineer and is found to be substantially in conformance to the approved tentative tract map.

FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3286 Agenda Date: 9/24/2024
Agenda #: K. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Conflict-of-Interest Code 2024 Local Agency Biennial Notice Pursuant to the Political Reform Act RECOMMENDATION:

1. Receive and File the 2024 Local Agency Biennial Notice Pursuant to the Political Reform Act

2. Direct staff to promulgate the necessary amendments and return to the City Council prior to December 30, 2024 for adoption pursuant to the Political Reform Act.

COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to review its Conflict-of-Interest Code biennially. On June 25, 2024, the City Council directed staff to review the City’sConflict of Interest Code and file the requisite 2024 Biennial Notice prior to October 1, 2024.

City staff reviewed the Conflict-of-Interest Code and noted areas that may require amendments as noted on the 2024 Local Agency Biennial Notice.

The City Council is the code reviewing body for the City. Therefore, staff is requesting the City Council receive and file the 2024 Local Agency Biennial Notice, and direct staff to make appropriate amendments for City Council adoption prior to December 30, 2024, as required by the Political Reform Act.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3287 Agenda Date: 9/24/2024
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Final Change Order with California Professional Engineering and Final Acceptance for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE- 22)
RECOMMENDATION:

1. Authorize the City Manager to approve Change Order No. 3 with California Professional Engineering in the amount of $58,856.82 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project (Bid No. SB-08-DE-22).

2. Accept as complete the work performed by California Professional Engineering for the Construction of the Citrus Avenue at Chase Road Traffic Signal Project (SB-08-DE-22).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

On September 13, 2022, the City Council awarded a construction contract to California Professional Engineering in the amount of $713,980.00 and authorized a contingency amount of $71,398.00 for a total contract authorization of $785,378.00 for the construction of the Citrus Avenue at Chase Road Traffic Signal Project. This contract amendment will increase the total authorized contract amount to $823,377.18.

Construction began in January 2024 and was substantially completed in June 2024. During construction, several unforeseen circumstances warranted the issuance of contract change orders in the total amount of $109,397.18. Change orders included adjustments of pole types, pole locations, and conduit locations to avoid existing underground utilities discovered during construction. A final change order request for costs related to conduit location adjustments with City of Fontana Printed on 9/17/2024Page 1 of 2
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construction. A final change order request for costs related to conduit location adjustments with additional notification signs and extension of striping to match existing has been submitted in the amount of $58,856.82 which will exceed the balance of the original authorized contingency.

The project was successfully completed for a final contract amount of $823,377.18. All work has been completed to the City’s satisfaction.

FISCAL IMPACT:

As part of the action to accept the construction of the Citrus Avenue at Chase Avenue Traffic Signal Project (#37603384) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the change order is included in the FY 2024-2025 budget in PN 37603384 and the funding for the maintenance work is included in the FY 2024-2025 budget under the Public Works & Engineering Department, Traffic Division.

MOTION:

Approve staff recommendation.

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N01 inch = 600 feet1200600PROJECT LOCATIONCITRUS AVE AND CHASE AVE TRAFFIC SIGNAL PROJECT

CITRUS AVENUE AT CHASE ROAD TRAFFIC SIGNAL PROJECT
SB-080-DE-22
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ENGINEERING DEPARTMENT
PROJECT:
(City Initiated / Contractor Initiated / Other)
Approval Recommended: Date:

Approved: Date:

Approved: Date:

Approved: Date:

Approved: Date:

Accepted Date: Contractor:

By: Title:

Citrus Ave at Chase Rd Traffic Signal Project
CONTRACT ITEM -$ 34,148.68$
BID NO: SB-08-DE-22 ADJUSTMENT -$ -$
CONTRACTOR: TOTAL 58,856.82$ 109,397.18$
SEE PAGE 2 of 2 --- CCO #003, ATTACHED
California Professional Engineering
ORIGINAL CONTRACT AMOUNT 713,980.00$

ESTIMATE OF COST THIS CCO TOTALS TO DATE
FORCE ACCT. -$
AGREED PRICE 58,856.82$ 75,248.50$
% OVER CONTRACT 8.24% 15.32%
CONTRACT CHANGE ORDER - NO. 003
DATE: August 23, 2024
You are hereby directed to make the following changes for the above reference project.

REASON: A detailed delineation for the justification of the change order is indicated within the change order article on Page 2. As a synopsis, the reason for the change is due to changes initiated by the Agency resulting in additional cost to the Contractor.

NOTE: This change order is not effective until approved by the City Engineer.

THE CONTRACT IS CHANGED IN ACCORDANCE WITH THE FOLLOWING DESCRIPTIONS OF WORK SCOPE Estimated cost of Decrease: or Increase:

By reason of this change order, the contract time period for performance is extended by three (3) Working Day(s). 58,856.82$
Construction Manager
City Engineer
Purchasing Office
Chief Financial Officer
Deputy City Manager
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment for the prices shown above. 186
A.

1. Cost (Article A1)---

2. Cost (Article A2)---

3. Cost (Article A3)---

4. Total Cost (Article A)---
TOTAL COST --- (CCO #003) ---
The contractor was directed to extend new traffic striping beyond the contract limits on Citrus Avenue to coincide with new paving and to maintain continuity of lane striping through and beyond the project limits. The associated contract increase is based upon the additional labor, materials, and equipment costs required for installation of the additional striping.

The contractor was directed to adjust the location of conduit to avoid conflict with existing utilities along the east side of Citrus Ave. The associated additional utility potholing and conduit installation were performed on a time and materials basis in accordance with Section 7-4 "Payment for Extra Work." The associated contract increase is based upon the net cost of additional labor, materials, and equipment in accordance with Section 7-4.2 "Basis for Establishing Costs."
(Continuation of CCO No. 003)
The contract is changed in accordance with the following scope of work. The equitable adjustments of both cost and time are delineated for the article listed.

Reference is made to Change Order Requests No. 3 and No. 4, dated June 6, 2024, and June 25, 2024:

Twelve (12) additional Working Day(s) shall be adjusted by way of this change order as this item (A.1) requires an increase in the contract Time of Completion to allow for the changes in accordance with Section 2-7 "Changes Initiated by the Agency."
58,856.82$
The contractor was directed to provide one (1) additional Changeable Message Sign (CMS) board on each approach (3 total) at the time of signal turn-on and to remain in place for seven (7) days, resulting in a cost increase.

The associated contract increase is based upon the cost of additional labor, materials, and equipment associated with placement of the additional CMS boards.
58,856.82$
CONTRACT CHANGE ORDER NO. 003---PAGE 2 OF 2
54,163.96$
2,277.86$
2,415.00$
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3289 Agenda Date: 9/24/2024
Agenda #: M. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Accept Donation from Kaiser Permanente (From Garden to Table: Fontana Flavor Academy) RECOMMENDATION:

Accept donation from Kaiser Permanente in the amount of $10,000 for use towards “From Garden to Table: Fontana Flavor Academy.”
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by seeking community input. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The Community Services Department receives donations and sponsorships from many local community companies to help support and enhance various programs, activities, and events. Kaiser Permanente donated $10,000 towards “From Garden to Table: Fontana Flavor Academy” and is recognized as a Presenting Title Sponsor of this event.

FISCAL IMPACT:

The $10,000 was deposited into account 101.3511 for use in offsetting costs for “From Garden to Table: Fontana Flavor Academy.”
MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3291 Agenda Date: 9/24/2024
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Sierra Lakes Pavement Rehabilitation Project RECOMMENDATION:

Accept as complete the work performed by Matich Corporation for the Sierra Lakes Pavement Rehabilitation Project (#37604130).

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

DISCUSSION:

On January 23, 2024, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder, Matich Corporation, in the amount of $1,647,818.00 with a 10% contingency in the amount of $164,781.80 for the Sierra Lakes Pavement Rehabilitation Project (#37604130). The proposed improvements for the Sierra Lakes Pavement Rehabilitation Project consisted of 2” mill and overlay and ADA curb ramp upgrades. The project will ultimately prolong the life of the streets within the project limits and brought our ADA curb ramps up to code.

Matich Corporation completed the project on May 24, 2024. The project was successfully completed for the final amount of $1,739,832.49, an increase of 5.6% from the original contract amount of $1,647,818.00 and $72,767.31 under the total authorized budget. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the Sierra Lakes Pavement Rehabilitation Project (#37604130) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 budget under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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SIERA LAKES PAVEMENT REHABILITATION PROJECT(DE-24-42-SB)PROJECT LOCATION 193
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3296 Agenda Date: 9/24/2024
Agenda #: O. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for July 2024.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The July 2024 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

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POLICE DEPARTMENT

MONTHLY REPORT
July 2024
195

NOTEWORTHY EVENTS
• Fontana Police conducted a successful July 4th operation with hundreds of pounds of seized illegal fireworks and multiple citations for use of illegal fireworks. • Fontana Police Foundation coordinated a senior luncheon for residents at the Dino Papavero, John Piazza, and Minerva Manor Senior Centers.
• Fontana Police held a recruitment event at LA Fitness. • Lieutenant Slusser held an Area Commander Meeting in Area 1. • Chief Dorsey Held a Business Watch Meeting with local business owners. • Fontana Police COPE Unit held an Explorer Leadership Academy. • RRT, Gangs, and Narcotic Units seized multiple illegal firearms and narcotics.

KA1
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Slide 2
KA1 Kevin Anderson, 2/9/2021
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CITYWIDE
• Priority 1 response time- 4:35 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 10,747
• Total Traffic Accidents- 202
• Non-Injury- 147, Injury – 55
• Total arrests- 529
• Hispanic- 370, White- 52 , Black- 80, All other races- 27 • Total Group A Offenses- 770
• Crimes Against Persons- 212
• Crimes Against Property- 395
• Crimes Against Society- 163
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CITYWIDE• Crimes Against Person- 212
• Homicide- 0
• Sex Offenses- 17
• Assault- 191
• Kidnapping- 0
• Other- 4
• Crimes Against Property- 395
• Robbery- 12
• Burglary- 40
• Larceny- 170
• Destruction of Property- 35
• Fraud- 25
• Possession of Stolen Property- 43
• Motor Vehicle Theft- 55
• Other Miscellaneous Property Crimes- 15
• Crimes Against Society- 163
• Drug and Paraphernalia Possession- 120
• Possession of Child Pornography- 19
• Possession of Weapons- 24
• Other Miscellaneous Crimes- 0
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CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
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BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 88
• Crimes Against Persons- 24
• Crimes Against Property- 57
• Crimes Against Society- 7
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BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 158
• Crimes Against Persons- 46
• Crimes Against Property- 93
• Crimes Against Society- 19
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BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 336
• Crimes Against Persons- 112
• Crimes Against Property- 147
• Crimes Against Society- 77
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Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 134
•Crimes Against Persons- 29
•Crimes Against Property- 89
•Crimes Against Society- 16
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ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 206
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3300 Agenda Date: 9/24/2024
Agenda #: P. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Feasibility Study and Cost/Benefit analysis of the formation of a Community Choice Aggregation.

RECOMMENDATION:

Approve staff recommendation to engage with GDS Associates Inc. to perform a feasibility study and a cost/benefit analysis for the formation of a Community Choice Aggregation for the City of Fontana.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Create and maintain a dynamic team by emphasizing staff development. · Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.
· Enhance the local environment for future generations and create a healthy economic and environmental future by promoting programs that encourage reducing Green House Gas emissions.

DISCUSSION:

In 2002 The California Legislature passed AB117 enabling the creation of Community Choice Aggregation (CCA). These programs allow local jurisdictions to enter the electricity market on behalf of their constituency to buy or generate electrical power supplanting the existing electrical power provider.

Since 2002 numerous cities and Joint Power Authorities have formed CCA’s for the potential benefit of their constituency. Over the past 24 years CCA’s have matured and proliferated throughout the state.

Staff has been directed by Council to assess the feasibility of a CCA for the City. To that end, staff published an RFP requesting submissions to perform both a feasibility study for the CCA as well as provide a draft plan for CCA implementation. The RFP was posted on February 29, 2024 and closed on March 28, 2024.

Two companies responded to the RFP: GDS Associates Inc. based in Marietta, GA and Ascend Analytics based in Boulder, CO.

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File #: 21-3300 Agenda Date: 9/24/2024
Agenda #: P. Category: Consent Calendar
No Fontana or California based companies responded.

In summary:

The GDS Associates proposal was complete based on the RFP requests. It proposes a no cost feasibility study and outlines potential costs, timelines, tasks, challenges, and project planning for the implementation of a CCA in Fontana.

The Ascend Analytics proposal was incomplete as it only provided a response to the Feasibility Study portion of the RFP and did not respond to the implementation draft plan requested in the RFP. For the feasibility study Ascend Analytics proposed a cost of $450,000.

The RFP and the two responses are attached to this agenda item.

Based on the responses staff recommends engaging with GDS Associates to perform the feasibility study. Based on the results of the study, the City could make a decision on whether to moved forward with CCA implementation at a later date and that approval would be requested separately.

FISCAL IMPACT:

There is no cost to the city for performing the feasibility study.

MOTION:

Approve staff recommendation.

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1877 Broadway, Suite 706, Boulder, CO 80302 | 303 415 1400 | ascendanalytics.com

City of Fontana
CCA Formation & Operation
Confidential Proposal from Ascend Analytics
Submission Date: March 28, 2024
Point of Contact: Paul Eory | [email protected]

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1 1. CONTENTS

1. Contents ............................................................................................................................................... 1

2. Cover Letter .......................................................................................................................................... 2

3. Scope of Services & Price ..................................................................................................................... 4 Task 1: Initial Feasibility Study/Financial Analysis ................................................................................................................... 4

4. Key Personnel ....................................................................................................................................... 5

5. Experience .......................................................................................................................................... 11

6. The Ascend Solution ........................................................................................................................... 14

Primary Business Contact Person Authorized Official
Ascend Analytics
Headquarters
1877 Broadway
Suite 706
Boulder, CO 80302
303 415 1400

Paul Eory
Director of Resource Planning
1877 Broadway
Suite 706
Boulder, CO 80302
720-689-7723
Gary Dorris PhD
CEO
1877 Broadway
Suite 706
Boulder, CO 80302
303 415 1400

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2 2. COVER LETTER

To Whom it May Concern,

This response for technical consulting services details Ascend’s approach and qualifications to analyze the City of Fontana’s desire to form and operate a Community Choice Aggregation (CCA) entity for the electric service of its residents. Ascend is well known in California for our analytical and decision-making capabilities to support power supply procurement activities. Founded in 2002, Ascend possesses the expertise and advanced analytic tools to offer a one-stop-shop for planning and portfolio risk management services, including:
• Portfolio Planning and Development
• Contract Valuation and Procurement
• Trading, Position Management and Reporting
• Enterprise Risk Management Policy
• Risk Management Committee Support
Ascend will support the City of Fontana with a dedicated support team able to leverage our integrated suite of software including PowerSIMM Portfolio Manager and PowerSIMM Planner. Ascend is excited to build a long - lasting relationship with the City of Fontana, providing the analytic infrastructure as a service and expert advisory consulting that will help the City of Fontana succeed in a competitive market and effectively manage its critical business operations.

Ascend’s offerings carry with them the following competitive advantages:

Proven and Widely Used by Community Choice Aggregators
Ascend deeply understands the unique business requirements of Community Choice Aggregators in an increasingly risky energy market and customer demands for more local control and clean energy procurement.

Ascend currently provides software and/or services to several Community Choice Aggregators (CCA’s) in California (see our client list here), and are actively forming a CCA in ISO-NE. An example of the technical assessment we provided can be found on this public site: cpcnh_technical_assessment_by_ascend_analytics_23jan2023.pdf (durham.nh.us). Our CCA clients most commonly use Ascend’s software and services for hedging and Power Purchase Agreement valuation, budgeting, and risk management. For example, every year we run one of the nation’s largest clean energy procurements for Clean Power Alliance (Los Angeles County) using automation and advanced analytics to provide robust PPA valuations in a matter of weeks. We develop integrated resource plans as well as support CCA’s in their everyday risk hedging activities. When reviewing portfolio risk management capabilities of CCAs, the California Public Utilities Commission (CPUC) found Ascend’s risk management analytics be “robust” and “consistent with best practices”.

Market Intelligence and Expertise in a Rapidly Changing Energy Landscape Ascend brings deep expertise in the CAISO energy markets and we are widely trusted to provide relevant and timely insights to utilities, CCAs, developers , and financiers. Ascend’s Market Intelligence offering provides forward projection prices for CAISO trading hubs and locational marginal prices (LMPs) driven by market 211
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3 fundamentals and weather-driven variability. Short - to medium-term price forecasts are informed by observed market trading data (forward contracts), which we maintain in a database of all major pricing nodes. Long -term prices are driven by Ascend’s long -term fundamental price and volatility forecasts, pre -loaded and updated quarterly. Ascend also forecasts the sub-hourly market and basis price risks at 15- and 5-minute timesteps for sub- hourly valuation because real-time prices are becoming an increasingly strategic source of value (and risk) in the CAISO market and are a key component in understanding renewable and storage economics.

Leading Portfolio Risk Management Capabilities
Ascend’s analytics driven consulting fulfills the City of Fontana’s core requirements to support active portfolio risk management and valuation by systematically integrating “meaningful uncertainty” for enhanced decision making.

We will evaluate key risk metrics , including margin at risk, cost at risk, rates at risk, and value at risk. Ascend’s portfolio management analytics services serve to “lock -in” profits / preserve margin in alignment with performance metrics / budget forecasts, maintain the City of Fontan a’s competitive advantage through periods of adverse market conditions, and generate profits through dynamic hedging and DER dispatch.

Ascend’s Portfolio Management service allows the City of Fontana to assess and Mark to Market hedge transactions of various types and their relative risk reduction value to the portfolio including swaps, shaped fixed- price swaps, futures, call/put options, CRRs, and more. Ascend’s reporting tools output simulation data for optimal hedging and what-if hedge analysis to provide information on key risk metrics so the City of Fontana can make actionable decisions.

A Modern Approach to Planning and PPA Valuation
Ascend can assist the City of Fontana to develop resource plans and value PPA bids, including:
• Assess medium - and long -term position and gross margins risks to variability in prices, load, gen, and weather
• Find the best resource plan across both cost and risk • Determine market transaction value and portfolio benefits • Use Ascend’s fundamentals driven price forecasts to address changing market dynamics • Simulate hourly and sub-hourly prices to quantify extrinsic value of assets Ascend thanks the City of Fontana for this opportunity and we look forward to discussing our offerings with you soon.

Gary Dorris, PhD
CEO, Ascend Analytics

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4 3. SCOPE OF SERVICES & PRICE
Ascend Analytics (Ascend) is pleased to submit this proposal to support the City of Fontana in evaluating whether or not to form a Community Choice Aggregation entity for power supply in the city. Ascend is a nationally recognized leader in power system resource planning, bringing advanced risk-based analytics to capture the changing market dynamics that are emerging during this time of energy transition. Ascend is a 150 plus person analytics software and advisory services firm based in Boulder, Colorado. We are 100% focused on the electric power industry, providing analytical solutions and consulting support for resource planning, power system operations, and portfolio risk management.

Ascend understands the objective is to hire one firm to evaluate the feasibility of operating a CCA program, and if feasible and directed by the City, provide all services necessary to develop the CCA governance structure, conduct the CCA start-up and implementation, and conduct all phases of CCA operations.

Ascend has provided the scope of services below to begin the feasibility of operating a CCA program and will provide a proposal for the balance of work after discussing the project goals and objectives in more detail with the City of Fontana.

TASK 1: INITIAL FEASIBILITY STUDY/FINANCIAL ANALYSIS
The City CCA must offer customer energy rates that are equal to or less than the incumbent IOU’s energy rates. So the feasibility study must determine if this is possible by conducting a thorough financial analysis of CCA costs, necessary revenues, and assumptions made in determining these.

If the feasibility study concludes that the CCA is not financially viable, the study should state why it is not viable and what circumstances or assumptions must change to make it viable. The City fully expects that CCA viability or non-viability will be fully explained before any CCA program next steps are authorized.

In addition to the feasibility study, prepare a Business/Implementation Plan which describes the consultant team members, their role and responsibilities, and their experience. Include the following CCA functions (below) in the Business Plan.

As mentioned in the cover letter, the task of initial feasibility and financial analysis for the creation of a new CCA was recently conducted by Ascend Analytics in New Hampshire. Combined with Ascend’s vast experience with California CCAs and the CAISO market, Ascend is well positioned to deliver on this entire scope for the City of Fontana.

A detailed scoping meeting is necessary to accurately price this effort. With the high-level scope provided in the RFP documents, Ascend estimates a total cost of $450,000 to provide the technical feasibility analysis of creating a CCA. This is subject to a detailed scoping discussion that we will facilitate with the City of Fontana and any other partner cities participating in this study.

Ascend is a leader in providing the solutions needed for a CCA to maintain financial stability and keep rates down, and our intent is to be your partner long-term. We are eager to provide the initial analysis for your consideration of pursuing a CCA.
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5 4. KEY PERSONNEL
The following table lists Ascend leadership available for this project. Staff bios are included below.

Name Title Role
Dr. Gary Dorris CEO Engagement Director
Dr. Brent Nelson Managing Director of Markets &
Strategy Market Forecasting Lead
Scott Wrigglesworth Vice President, Operations & Strategy Portfolio Management Lead Dr. Brandon Mauch Managing Director of Resource Planning Resource Planning Lead Anthony Boukarim Director of Resource Planning &
Valuation Energy Procurement, Lead
Zach Brode Manager, Analytics Modeling and Analysis Support, Forecasting Dr. Anand Govindarajan Manager, Energy Analytic Solutions Modeling and Analysis Support, Portfolio Management
Paul Eory Director of Resource Planning Modeling and Analysis Support, Resource Planning

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6 Firm:

Ascend Analytics
Name: Dr. Gary Dorris
Title:

Years of Experience:

President
30 Education: Ph.D., Applied Economics and Finance – Cornell University (1996) B.S., Mechanical Engineering – Cornell University (1988) B.A., Economics – Cornell University (1988)
Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone: 303.415.0311
Email Address: [email protected]
LinkedIn: www.linkedin.com/in/gary-dorris-2299302
Current Bio
Dr. Gary Dorris is a trailblazer in the realm of renewable energy, recognized as a visionary expert with over two decades of pioneering solutions for energy risk management and portfolio planning. As the founder and CEO of Ascend Analytics, he has spearhea ded the organic growth of the company into a prominent provider of cutting - edge quantitative software solutions for energy portfolio management and data infrastructure.

With an exceptional understanding of applied economics and finance as a Ph.D. from Cornell University and his remarkable record of accomplishment spanning more than twenty years, Dr. Dorris has consistently been at the forefront of innovation in the field of battery storage. His groundbreaking analytical innovations have paved the way for the development of over a dozen proprietary software applications, utilized by a vast network of over 200 energy and renewable resource companies.

Firm: Ascend Analytics
Name: Brent Nelson, PhD
Title:

Years of Experience:

Managing Director of Markets and Strategy
17 Education: Ph.D., Mechanical Engineering – Georgia Institute of Technology (2007) M.S., Mechanical Engineering – Georgia Institute of Technology (2004) B.S., Mechanical Engineering – University of California, Berkeley (2002) Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone: 720.388.-1380
Email Address: [email protected]
LinkedIn: www.linkedin.com/in/brentanelson
Dr. Nelson leads the forecasting practice and provides expertise in new market dynamics, storage and renewable project valuation, resource planning, and renewable integration. Prior to joining Ascend, Dr. Nelson was an Associate Professor of Mechanical Engineering at Northern Arizona University, while also holding a 215
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7 collaborative appointment at the National Renewable Energy Laboratory. He also worked for the US Department of Energy from 2014-2016, focusing on technology research and development programs for energy efficiency and demand side management. He has extensive experience in energy technology and energy system modeling, with a focus on understanding the impacts of technological change. Dr. Nelson holds PhD and MS degrees in mechanical engineering from Georgia Institute of Technology, and a bachelor‘s degree in mechanical engineering from the University of California, Berkeley.

Scott Wrigglesworth, Vice President, Operations and Strategy, leads Ascend Analytics’ PowerSIMM business for SaaS, modeling, and consulting. Scott joined Ascend in 2018, adding more than 20 years of experience in energy markets, power portfolio management, and optimization and risk management to the Ascend Analytics leadership team.

While at Ascend Analytics, Mr. Wrigglesworth has worked with more than fifty companies spanning the power sector, including utilities, CCAs and retail, IPPs, renewable and storage, corporates, banks and insurance – helping them optimize their decision analytics for the energy transition.

Prior to joining Ascend Analytics, Mr. Wrigglesworth held leadership positions at AES Corporation and Dayton Power and Light Company, where he served for 17 years and focused on actionable reporting for the AES/DPL portfolio. Mr. Wrigglesworth also teaches courses on Energy Markets at the University of Dayton.

Firm: Ascend Analytics
Name: Brandon Mauch, PhD
Title:

Years of Experience:

Director of Resource Planning Analytics
11 Education: Ph.D., Engineering and Public Policy – Carnegie Mellon University (2012) M.S., Mechanical Engineering – University of Wisconsin, Madison (1998) B.S., Mechanical Engineering – University of Kansas (1996) Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone & Fax: 720.307.8189
Email Address: [email protected]
Firm: Ascend Analytics
Scott Wrigglesworth
Vice President , Operations and Strategy
18 Name:

Title:

Years of Experience:

Education:

MBA – University of Dayton
B.A., Global Economics , and International Business – Cedarville University Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone: (303) 415 -1400
Email Address: [email protected]
LinkedIn: www.linkedin.com/in/scottwrigglesworth
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8 LinkedIn: www.linkedin.com/in/brandon-mauch-a752a551
Brandon Mauch, Manager of Resource Planning Analytics, leads a team of analysts at Ascend in providing modeling support for resources planning. He is currently managing work for Northwestern Energy and the Los Angeles Department of Water and Power.

Prior to joining Ascend, Brandon was a Senior Program Manager for CLEAResult Consulting where he managed utility energy efficiency and demand response programs for Midwestern utilities. Before that, he was a Utility Regulation Engineer for the Iowa Utilities Board where he worked on regional energy policy issues, resource planning and rate cases for Iowa’s investor-owned utilities.

Brandon holds a Ph.D. in Engineering and Public Policy from Carnegie Mellon University where his research focused on wind power forecasting and risk assessment of wind forecasts. He also holds a master's degree in mechanical engineering from the University of Wisconsin and a bachelor's degree in mechanical engineering from the University of Kansas.

Firm: Ascend Analytics
Name: Anthony Boukarim
Title:

Years of Experience:

Senior Manager of Resource Planning and Valuation
8 Education: Master of Energy Resources Engineering – Stanford University (2020) B.E., Mechanical Engineering – American University of Beirut (2015) Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone: 720 642 9459
Email Address: [email protected]
LinkedIn: www.linkedin.com/in/anthonyboukarim/
Anthony Boukarim, Senior Manager of Resource Planning and Valuation, leads Ascend’s RFO services supporting load serving entities procure resources to meet their energy and capacity needs. He manages multiple resource planning efforts (IRPs, RFO administration, asset valuations, decarbonization studies) for clients across the US. He provides consulting expertise for utilities and CCAs for renewable integration, reliability, a nd risk management.

His portfolio of clients in California and the broader west includes Clean Power Alliance, San Jose Clean Energy, San Diego Community Power, Peninsula Clean Energy, Grant County Public Utility District, and Arizona Corporation Commission, among others.

Prior to joining Ascend, Mr. Boukarim worked at Arthur D. Little/McKinsey & Co as a management consultant in their Energy & Utilities Practice. Mr. Boukarim has also worked as a research analyst in energy topics for Stanford University and University of California, Berkeley.

In addition to five years of international experience in the energy sector, he holds a master’s degree in Energy Resources Engineering from Stanford University and a bachelor's degree in mechanical engineering from the American University of Beirut.

Firm: Ascend Analytics
Name: Zach Brode
Title:

Years of Experience:

Manager of Analytics
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9 Education: M.A., Economics, University of British Columbia (2018) B.A. Economics & Mathematics, Wheaton College (2017)
Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone: 720.388.1373
Email Address: [email protected]
LinkedIn: https://www.linkedin.com/in/zach-brode-414b9abb Zach Brode leads resource planning, portfolio management, and valuation projects . He also manages the development of PowerSIMM. Zach joined Ascend after completing his M.A. in Economics at the University of British Columbia.

At Ascend, Zach works with utility clients to model energy systems in support of capacity planning and resource assessment and valuation. He also has experience with avoided cost analysis and new resource power procurement analysis.

Firm: Ascend Analytics
Name: Anand Govindarajan
Title:

Years of Experience:

Manager, Energy Analytic Solutions
11 Education: PhD. Energy Economics & Policy – Penn State (2017) M.S. Energy Economics & Policy – Penn State (2012)
B.S. Chemical Engineering, NIT India (2009)
Office Address: 1877 Broadway, Suite 706, Boulder, CO 80302 Telephone: 303.414.0311
Email Address: [email protected]
LinkedIn: https://www.linkedin.com/in/anand-govindarajan/ Dr. Anand Govindarajan, Manager, Energy Analytic Solutions , will provide modeling expertise and support in portfolio management activities. Before joining Ascend, Anand worked as a Graduate Intern at the National Renewable Energy Laboratory exploring synergies between solar and storage systems in demand charge reduction and developing predictive models for solar PV adoption in low to medium income households. Anand has a Ph.D. in Energy Economics & Policy from Penn State where he worked on assessing the distributional impacts of energy policies on wholesale electricity markets and the impact of distributed energy resources integration on the power grid. Anand also has internship experience with Consortium for Building Energy Innovation (CBEI) & Mid-Atlantic Clean Energy Applications Center - both funded by Dept. of Energy.

Name: Paul Eory
Title:

Years of Experience:

Director of Resource Planning
12 Education: B.B.A., International Business & Economics – Saginaw Valley State University (2014) Office Address: Michigan
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10 Telephone & Fax: 720.689.7723
Email Address: [email protected]
LinkedIn: www.linkedin.com/in/eorypaul
Paul Eory, Director of Resource Planning, joined Ascend Analytics to lead integrated resource planning, reliability analysis, project valuation, and portfolio management projects for clients across the many energy markets. He brings over 12 years of experience in the energy sector, having worked in various roles at municipal utilities. He started his career at Bay City Electric Light & Power, where he managed energy efficiency programs.

He then joined Lansing Board of Water & Light as the modeler for their integrated resource plan. For the past 8 years, he has been leading IRPs, FP&A, rate setting, and strategic planning initiatives at the largest municipal utility in Michigan. Paul holds a B.B.A. in International Business & Economics from Saginaw Valley State University.

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11 5. EXPERIENCE
At Ascend Analytics, we value our clients as partners in achieving a sustainable, clean-energy future. We provide cutting-edge solutions for energy resource planning, procurement, strategy, and risk management. Our products and services are tailored to meet the specific needs and goals of each client, whether they are utilities, regulators, developers, or investors. We leverage our expertise, experience, and innovation to help our clients navigate the complex and dynamic energy markets. We are proud to work with some of the leading organizations in the energy sector, such as Austin Energy, Los Angeles Department of Water & Power (LADWP), Duke Energy, and many more. Our clients trust us to deliver reliable, accurate, and actionable insights that empower them to make informed decisions and optimize their performance. Visit our website to see a full client list.

Ascend’s strengths for this project include:
• Experience administering and evaluating clean energy RFOs and RFPs, leading to familiarity with the costs and availability of a variety of resources, as well as relationships with appropriate developers. • Experience forecasting prices and performing valuations for renewable projects and batteries in a variety of ISOs, capturing the project value in energy, ancillaries, REC, and RA. • Advanced market forecasts that account for the structural changes associated with renewable deployment, including wholesale price depression, evolving price shapes that align with net load, and growing volatility.
• The ability to simulate DA and RT prices at the nodal level to account for basis risk and localized renewable saturation and curtailment.

The below table highlights Ascend’s recent experience in leading RFO services.

Client, Project,
Date Services Description
Grant County Public
Utility District
2024 All-source RFP for
energy and capacity
(2023 – Ongoing)
Ascend is administering an all -source RFP for energy and capacity on behalf of Grant County PUD of Washington State. The RFP aims to procure up to 300MW of firm capacity to meet the western resource adequacy program requirements and the state clean energy goal (CETA). Ascend is providing full support including administration of the RFP website, preparing solicitation documents, running bidder conference, managing the bid submissions, conducting QAQC, performing valuation of offers (both individually and in portfolio), providing a recommended short -list. Evaluated projects include solar, wind, storage (short and long duration), and thermal assets (including renewable fuel).

Reference: Lisa Stites, [email protected]
Clean Power Alliance
(CPA)
2019, 2020, 2021, 2022,
2023 Clean Energy,
Reliability, and MTR
RFOs
(2019 - 2023)
Clean Power Alliance (CPA) is the largest CCA in California, covering most of Los Angeles not served by LADWP. Ascend partnered with CPA to run four requests for offers (RFOs):
two Clean Energy RFO for renewable energy, one Reliability RFO for stand-alone storage, and one Mid -Term reliability RFO for clean energy, baseload resources and long duration storage. In 2019, 2020, and 2021 Ascend provided full end -to-end support for these RFOs, including:
• Vendor communication, web hosting, and preparation of solicitation documents
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12 • Automated screening and evaluation of submissions for compliance and a variety of qualitative project criteria
• Long-term, regionally differentiated forecasting of price shapes, day -ahead energy prices, real-time energy prices, and ancillary service prices • Valuation of multiple resource types, including hydro, geothermal, solar, wind, solar plus storage, and standalone storage
• Support during negotiation phase including valuation of alternative offers Full economic valuation of all available revenue streams, including both day -ahead and real-time energy, ancillary services, and capacity value.

Reference: John McNamara, [email protected] Lansing Board of Water
and Light (LBWL)
2023 All-source RFP for
energy and capacity
(2022 – 2023)
Ascend administer ed an all -source RFP for energy and capacity on behalf of Lansing Board of Water and Light. The RFP aims to procure 475 MW of net qualifying capacity to replace the expected retirements of their coal fleet. Ascend is providing full support including administration of the RFP website, preparing solicitation documents, ru nning bidder conference, managing the bid submissions, conducting QAQC, performing valuation of offers, providing a recommended short -list based on different scenarios.

Evaluated projects include solar, wind, storage, thermal assets, energy efficiency programs, and demand response.

Reference: Tony Heriford, [email protected]
Silicon Valley Clean
Energy (SVCE)
Clean Energy and
Battery RFO Valuations
(2019 – Ongoing)
Ascend supports SVCE in evaluating all of its RFOs for the past five (5) years. Since 2019 Ascend conducts solicitations and evaluations for carbon free power supplies to meet their RPS and RA requirements. Ascend helped SVCE in the development of a scoring rubric evaluating cost, location, risk, developer experience, impact on resource adequacy, on-peak delivery, and commercial operation date. Ascend provided full valuation of the RFP responses, including:
• Total resource value, including net energy, ancillary services, and resource adequacy • Simulation of nodal prices
• Valuation of both individual resources and portfolios of combinations of resources, subject to minimum REC constraints
• Return | Risk analysis that incorporated an array of factors including resource performance vs hourly load obligation, basis (locational price difference) between resources and load, variability in production from resources, and forward and spot price uncertainty
Reference: Monica Padilla, [email protected] San Diego Clean Power
(SDCP)
Clean Energy and
Storage RFO Valuations
(2022 – Ongoing)
Ascends helps SDCP in evaluating the economic value of offers received across multiple RFOs. These include renewable plus storage RFO in 2022 (tranche 1 and 2), standalone storage RFO in 2023, and distributed generation RFO in 2023. Ascend uses PowerSIMM and its fundamental forecast to evaluate the bids and provide a ranking for the different projects. A portfolio analysis is also included on the shortlisted projects.

Reference: Andrea Torres, [email protected]
Peninsula Clean Energy
& San Jose Clean Energy
Clean Energy RFO
(2020)
Ascend partnered with PCE and SJCE to perform project valuation for a joint RFO for clean energy and battery resources. In addition to renewable and renewable + storage projects, this solicitation includes a specific category for sundown clean energy, as w ell as the flexibility to value a variety of shaped and firm renewable resources. Ascend also showed the risk reduction value of each of the shortlisted resources when compared with the overall load obligation and resource portfolios. 221
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13 Reference: Siobhan Doherty, [email protected] Silicon Valley Clean
Energy (SVCE)
Portfolio & Risk
Management Advisory
(2019-Current)
SVCE collaborates with Ascend Analytics on its use of PowerSIMM to model the SVCE Portfolio for the prompt month through the next five fiscal years. Ascend ’s platform runs automated studies on the weekends, then delivers reporting on Monday each week, including commentary and recommendations. This allows the Ascend team to provide support and staff augmentation. However, Ascend’s contribution to SVCE’s success is not limited to analytics output. Ascend’s Man aging Director of Operations & Strategy joins Internal Risk Oversight Committee (IROC) and Risk Oversight Committee (ROC) meetings. Ascend also provides SVCE’s finance team with budget development support and analytics.

Reference: Monica Padilla, [email protected] Silicon Valley Clean
Energy (SVCE)
Integrated Resource
Plan (IRP-LTPP
Proceeding)
(2020)

Ascend worked with SVCE to develop their 2020 Integrated Resource Plan, investigating several potential resource portfolios and legislative scenarios, including optimizing the portfolio resource mix of long-term contracted resources versus market purchases to maximize hourly clean energy supply while minimizing risk and cost to ratepayers. SVCE maintains a 100% clean energy portfolio on an annual basis and is exploring ways to deliver clean and renewable resources around the clock. Monica Padilla, Director of Resource Planning said, “I credit the team and Ascend for helping us model and synthesize the 24x7 carbon-free analysis along with the other important metrics.” A review of our work for SVCE by the California Public Utility Commission rated our quantification and management of both cost and risk as ‘best-in-class’ among all Community Choice Aggregators.

Reference: Monica Padilla, [email protected] East Bay Community
Energy (EBCE)
Integrated Resource
Planning
(2020)
Ascend partnered with EBCE to provide the analytics backbone of the 2020 IRP filing with the CPUC. Ascend worked with EBCE to develop conforming portfolios and evaluate the portfolios with respect to GHG, RPS, cost, and reliability metrics, all using Ascend’s PowerSIMM software. Ascend also worked with EBCE to develop internal procurement strategy using PowerSIMM’s Automated Resource Selection (ARS) module, an optimization tool for building portfolios that meet constraints such as GHG, RPS, and market exposure. Ascend developed portfolios that meet decreasing targets for GHG, including a 100% net GHG free portfolio. The result of the modeling effort was the adoption of the 100% net GHG free portfolio by 2030.

Reference: Marie Fontenot, [email protected]
Los Angeles Department
of Water and Power
Clean Grid LA, Once-
through-Cooling
replacement with
storage
(2017 – Ongoing)
Ascend works with Los Angeles Department of Water and Power (LADWP) to support their resource planning efforts to achieve SB 100 goals and the Clean Grid LA initiative.

Ascend developed a model of LADWP’s load, resources, and a transmission model of the LADWP system, including linkages to markets in Utah, Arizona, and Oregon.

Ascend performs system reliability (LOLE) analysis for candidate portfolios of resources including portfolios with primarily renewables and storage. Ascend also performs capacity expansion analyses using Automated Resource Selection and sub-hourly valuations of battery storage.

Reference: Jay Lim, [email protected]
Glendale Water and
Power (GWP)
GWP, a municipal electric utility in the heart of the Los Angeles basin serving 88,000 customer accounts, had planned for many years to repower the aging Grayson Power Plant. The first proposed repower plan, a 262 MW combined cycle natural gas power plant, was rejected by the Glendale City Council under pressure from local environmental groups. Ascend was asked to help Glendale construct a new zero/low - 222
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14 Clean Energy RFP, 2019
IRP, 2021 100% Carbon-
free study
(2018- Ongoing)
carbon energy supply portfolio and administer and evaluate a Clean Energy Request for Proposals (RFP) of new capacity resource options to enter service by 2021 as well as prepare GWP’s IRP.

Ascend developed an optimized resource plan that included a combination of DERs, utility-scale battery storage, and reciprocating engines for reliability services. Ascend performed LOLP for reliability analysis including planning for N -1-1 events such as a wildfire across transmission lines. The plan was widely hailed by stakeholders and passed City Council with a unanimous 5 -0 vote. Steve Zurn, General Manager of GWP said, “we could not have accomplished these ambitious goals to decarbonize our power supply portfolio without Ascend. From start to finish, Ascend navigated a very challenging environment with great skill supported by outstanding analytic insight." Today Ascend is again partnering with GWP to develop a 100% clean energy plan by 2030.

Reference: Mark Young, [email protected]

6. THE ASCEND SOLUTION
Figure 1- Ascend offers clients a complete and flexible solution

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15 Figure 2- Ascend works with clients under various structures

Figure 3- Ascend provides automated and systematic process for timely information when working with Portfolio Management clients whether receiving support or advisory service.

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16 Figure 41- As an example, Ascend will often measure a portfolio’s gross margin at risk (GM@R) for a clients current portfolio, provide insight into the impact of potential or hypothetical hedges and offer recommendations on optimal hedge levels.

Ascend also works with clients to ensure hedging strategies, risk analytics and risk management policies are aligned and effective.

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17 Figure 5- Example Portfolio Management / Risk Management Dashboard. Typically customized by client based on business requirements.

Figure 6- Example position report for a Load Serving Entity including optimal hedge level and Gross Margin at risk metrics

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18 227
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19 Figure 7- Example of Risk Charts showing monthly cash flow uncertainty and distribution of annual margin outcomes along with Load, Current and Optimal portfolio sensitivity to hub market prices.

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20 Figure 8- Additional examples of Risk Distributions and Payoff Diagrams.

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21 Figure 9- Example of Income Statement Projections for Financial Budgeting and Reserve Projections.

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22 Figure 10- Variance Reporting to explain Forward Budget to Current difference results, itemized by contributing factor, along with tracking of forward annual year trends weeks to week.

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23 Figure 11- Example of Cash Reserve projections with uncertainty.

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24 Figure 12- Example PPA MtM Reporting.

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25 Figure 13- Example of Counterparty forward Hedge MTM.

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26 Figure 14 Example of Price simulation ranges and comparison to prior week and Budget.

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27 Figure 15- Example REC/Attribute Position Reporting

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28 Figure 16- Example of Counterparty credit risk/Potential Future Exposure Reporting

Figure 17- Ascend’s PowerSimm ARS chooses the best resources to meet the City’s environmental and reliability objectives

e elo ing an I ith A
PowerSimm sAutoma c Resource Selec on is used by many Ascend clients to develop integrated resource plans . PowerSimm can select any type of resource (FTM or TM) and op mize across mul ple criteria (GHG, RPS, RA, market exposure , etc.). PowerSimm combines least cost op miza on with risk to generate por olios that strike an op mal balance between cost and risk .

De ne market
assump ons and
candidate resources
De ne constraints
Analyze op mized
expansion plan
Adopt resource plan
Iterate
rocess
Market Prices
ELCC
PPA costs
GHG
RPS
RA
Resource
Selec on
Cost
Value
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29 Figure 18- Ascend’s PowerSimm ARS finds the right balance between least-cost and least-risk with the “triathlete” Resource Plan

egacy mo els use ty ical ee or
sam ling to o mi e resource selec on
o er imm n s best lan across
hun re s of ossible future con i ons
est
Triathlete
a e Ledecky Sara Hall
am ong
esource elec on houl Inclu e is
The triathlete is not the bes t, s wimmer, biker , or runner , but the bes t when combining all three . Likewis e, we want to pick a res ource plan that performs well in any future condi on . This is cri cal in a highly uncertain future .

Egan ernal
A

C
et resent alue or olio Costs
requency
The triathlete
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30 Figure 19- Ascend can evaluate distributed energy resource options on the same playing field as supply side options. An example from resources that were incorporated into the 2019 Glendale water and power IRP.

Figure 20- Ascend captures geographic variation during RFO valuations

irtual o er lant o ers in the Clean nergy
Energy
E ciency
Programs
Demand
Res pons e
Programs
ehind
the meter
s olar
ehind
the meter
ba eries
Commercia l
roo op s ola r
a nd ba eries
am le com anies o era ng in s ace
Control s o ware
pla orms:
is atchability to
u lity o erators

P
Loca on
Loca on
Loca on
te Simulate
Main Market
te Simulate basis to project
loca ons and load using historical
pa erns and forecasted changes
te Simulate asset dispatch to
price
Ca turing eogra hic aria on
Load
Loca on
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31 Figure 21- Ascend provides 12x24 heat map analysis for any number of metrics including but not limited to costs, positions, renewable energy percentage, carbon free percentage, emissions, etc.

Figure 22- Ascend offers custom cost of service analysis inclusive of both ISO/Market based cost and CCA portfolio based cost.
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32 241

CITY OF FONTANA

C A L I F O R N I A

REQUEST FOR PROPOSAL

For

COMMUNITY CHOICE AGGREGATION (CCA) Formation
and Operation

CM-24-167-SP

SUBMISSION DEADLINE

March 28, 2024
BY 2:00PM

SUBMIT PROPOSAL TO:

BID MUST BE SUBMITTED ELECTRONICALLY Hard Copies will
NOT be accepted as a viable bid. www.fontanapurchasing.org

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Table of Contents
CM-24-167-SP

1. NOTICE INVITING REQUESTS FOR PROPOSALS ........................................................................................... 2

2. PROGRAM OVERVIEW: ........................................................................................................................... 3

3. PROCUREMENT PROCESS PLAN OVERVIEW ............................................................................................ 5

4. SCOPE OF WORK ...................................................................................................................................... 6

5. TURNKEY CCA PROGRAM SOLICITATION PROPOSAL CONTENT ............................................................. 8

6. INSTRUCTIONS TO PROPOSERS ................................................................................................................. 10

6.1 PROPOSAL TIMELIME .......................................................................................................................... 10

6.2 PROPOSER’S EXAMINATION ................................................................................................................ 10

6.3 INTERPRETATION OF PROPOSALS AND DOCUMENTS .......................................................................... 10

6.4 NOTICE TO PROPONENTS .................................................................................................................... 10

6.5 LEGAL RESPONSIBILITIES ...................................................................................................................... 10

6.6 DELIVERY AND OPENING OF PROPOSALS ............................................................................................. 11

6.7 WITHDRAWAL OF PROPOSAL ............................................................................................................. 11

6.8 IRREGULAR PROPOSALS ...................................................................................................................... 11

6.9 PROPRIETARY ....................................................................................................................................... 11

6.10 COMPETENCY OF PROPONENT .......................................................................................................... 11

6.11 QUESTIONS AND COMMENTS ............................................................................................................. 12

6.12 CORRESPONDENCE ............................................................................................................................. 12

6.13 AWARD OF CONTRACT ........................................................................................................................ 12

6.14 TERM OF CONTRACT ........................................................................................................................... 12

6.15 INSURANCE ......................................................................................................................................... 12

7. PROPOSAL DOCUMENTS .......................................................................................................................... 14

7.1 PROPOSAL SUBMITTAL INFORMATION ................................................................................................. 14

7.2 EVALUATION AND SELECTION PROCESS ............................................................................................... 14

8. PROPOSAL EVALUATION FORM ................................................................................................................. 15

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CITY OF FONTANA

1. NOTICE INVITING REQUESTS FOR PROPOSALS
COMMUNITY CHOICE AGGREGATION (CCA) Formation and Operation CM-24-167-SP

NOTICE IS HEREBY GIVEN that sealed proposals will be received only by submitting electronically at www.fontanapurchasing.org, for COMMUNITY CHOICE AGGREGATION (CCA) Formation and Operation , no later than March 28, 2024, 2:00 PM (PST), at which time or thereafter said proposals will be electronically opened. Proposals received after this time will not be able to submit electronically. Hard copies of bids will not be accepted as a viable bid.

The City of Fontana is accepting proposals from qualified firms to provide COMMUNITY CHOICE AGGREGATION (CCA) Formation and Operation.

Detailed information and the scope of COMMUNITY CHOICE AGGREGATION (CCA) Formation and Operation may be obtained from www.fontanapurchasing.org. The scope of the COMMUNITY CHOICE AGGREGATION (CCA) Formation and Operation , proposals forms and contract documents are hereby referred to and incorporated herein and made a part hereof by reference and all qualifica tions must strictly comply therewith. Late submitted qualifications shall not be considered for review.

The City of Fontana reserves t he right to reject any and all proposals and to waive minor irregularities, to accept any qualifications or portion thereo f, and to take all proposals under advisement for a period of ninety (90) days.

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Labor Code Section 1735 requires that no discrimination be made in the employment of persons because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Government Code Section 12940. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required.

City of Fontana hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit qualifications in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for the award.

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2. PROGRAM OVERVIEW:

Background and Purpose

The City of Fontana (“City”) is interested in evaluating the feasibility of implementing a Community Choice Aggregation (CCA) energy delivery program as established under Assembly Bill 117 and Senate Bill 790.

The City is interested in first determining the feasibility of such a program which will provide competitively priced energy solutions and local elected decision -making over program design and operation.

This RFP includes other cities investigating CCA and are listed in Section 3. Procurement Process Plan Overview. The cities listed may form a single CCA; cities may form individual, independent CCAs; or they may form multiple, city -group CCAs.

The City’s CCA Program goals may include, but may not be limited to:

• Achieve rate parity or better with the incumbent Investor Owned Utility (IOU) and a lower rate escalation than the IOU over time. • Create regional economic benefits including job creation, increased local energy investment, and reduced energy imports.
• Generate net operating revenues that may be used on City CCA and other energy-related projects and programs.
• Meet or exceed the California Renewable Portfolio Standard (RPS). • Provide a project developmen t and ownership strategy that increases the development of renewable energy projects statewide and locally to achieve reductions in greenhouse gases (GHG) from electrical energy generation.
• Expand opportunities for local ownership and investment in energy assets.

Consultant Team Approach

The City wishes to hire one Firm to evaluate the feasibility of operating a CCA program and, if feasible and as directed by the City, provide all services necessary to develop the CCA governance structure, conduct the CCA start-up and implementation, and conduct all phases of CCA operations. The Firm may include other service provider partners; however, the City wishes to contract with a single Firm , bu t reserves to issue other contracts in the best interest of the City . This process will be called the City’s Turnkey CCA Program solicitat ion. The Firm shall describe their Team if other consultants are to be utilized in provision of services.

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The Turnkey CCA Program solicitation services are described in Section 4. Scope of Work. The Firm should describe their ability to provide these s ervices, who will perform the services, and their experience in providing these services.

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3. PROCUREMENT PROCESS PLAN OVERVIEW

The City, as noted earlier, intends to conduct a single -phase procurement process as described below:

3.1 Cities participating in the RFP
The following cities are participating in this RFP solicitation:

A. Grand Terrace
B. Rancho Cucamonga

3.2 Cities’ energy consumption data from Investor owned utility One year of energy consumption data from each participating city will be acquired and will be provided to the Firm.

The Firm must execute a Non -Disclosure Agreement governing use of the data before it can be transmitted.

3.3 Phase 2: Evaluation
The selection panel will evaluate all submittals and rank them in order, based on the evaluation described later in this solicitation.

3.4 Phase 3: Interviews
The Firms will be asked to attend an interview to provide a presentation to City staff to allow the Firms to further elaborate on their submittal, discuss their experience specific to this solicitation, and provide additional information that the Firms believe will help the City in making a final evaluation. The City will solely determined on how many Firms will participate in the interviews.

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4. SCOPE OF WORK

In the event the City awards a contract under this solicitation, the selected Firm(s), must be able to complete the following tasks. Please describe your approach to providing these services.

Turnkey CCA Program Evaluation and Operations Services

Initial Feasibility Study/Financial Analysis

The City CCA must offer customer energy rates that are equal to or less than the incumbent IOU’s energy rates. So the feasibility study must determine if this is possible by conducting a thorough financial anal ysis of CCA costs, necessary revenues, and assumptions made in determining these.

If the feasibility study concludes that the CCA is not financially viable, the study should state why it is not viable and what circumstances or assumptions must change to m ake it viable.

The City fully expects that CCA viability or non -viability will be fully explained before any CCA program next steps are authorized.

In addition to the feasibility study, prepare a Business/Implementation Plan which describes the consultant team members, their role and responsibilities, and their experience. Include the following CCA functions (below) in the Business Plan.

Wholesale Power Procurement Management

The Firm must have a long -standing reputation and expertise in wholesale pow er procurement. This function is key to the feasibility of a CCA as 90% of the CCA’s budget is power supply -related. This function entails load forecasting, issuing solicitations for wholesale power, evaluating solicitation responses, ensuring California P ublic Utilities Commission (CPUC) compliance and negotiating power purchase agreements (PPA).

Schedule/Dispatch Coordinator

The Firm must include a schedule/dispatch coordinator who performs the day -ahead load forecasting and scheduling, looks after real time load/resource balance fluctuations, and monitors billings from the various power supply providers and the CAISO.

Data Management/Call Center Services

The Firm must include transaction services and data/money transfer issues between the IOU and CCA. A customer call center must also be established so CCA customers can get questions answered about the power supply portion of their bill, ask about CCA -sponsored customer programs, CCA opt -in, out or up; and any other CCA -customer related issues.

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Marketing and Outreach Services

The Firm must include services for community and public relations including CCA website development, customer outreach and ongoing interface with CCA customers. Please describe these services.

Legal/Regulatory Services

The Firm must include legal and regulatory services associated with starting up and operating CCAs including governance documents, implementation plans, external financing due diligence, annual California PUC compliance filings, etc. Provide a description o f all necessary legal and regulatory services for starting -up and operating a CCA.

Financing

Provide various alternatives for financing the start -up of the CCA and providing sources of operating capital. Alternatives could include the City directly pro viding start-up capital or a start-up loan; or the Firm acquiring a start -up loan.

Describe services to be paid for under the start -up financing.

Customer Programs

The Firm must describe services to acquire funding to develop, administer and implement customer energy programs using CPUC -provided funding and other available funding.

These programs are a strong incentive and major enticement to form a CCA.

Value Added Services

The Firm shall evaluate and recommend additional services which may benefit t he City CCA operations including: developing operational cost savings, increasing revenues, enhancing the City CCA public image.

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5. TURNKEY CCA PROGRAM SOLICITATION PROPOSAL CONTENT

5.1 Submittal Cover and Order
Include a cover letter introducing your Firm, and partners, and the contents of the Qualifications and Proposal shall be in the order that follows:

5.2 Qualifications Content
a. Past Clients
In this section, provide a list of at least 5 past governmental clients that have utilized your Firm for similar services with contact information and brief summary of work completed for each client.
b. Past Experience
In this section, you will describe you r Firm’s demonstrated experience and competence in completing a CCA feasibility analysis and conducting all aspects of CCA required work as described in this Turnkey CCA Program solicitation. c. Project Management
In this section, you will describe the methodology used by your Firm to manage and communicate CCA feasibility; CCA planning and start -up, and CCA operations to the City CCA, City CCA Board and other City CCA stakeholders. d. Key Personnel:
• Provide a brief narrative outlining the qualifications of the Project Leader and Team Members that would be assigned to City CCA.
• If your Firm is comprised of more than one location, define the location identified with the support team assigned to City CCA.
• If a Joint Venture or Strategic Alliance with another Firm is required or recommended, include a description of the legal relationship and define the role each party assumes.
e. Financial Capacity
The City may wish to establish a long-term partnership. In this section, you will describe your Firm’s financial capacity to successfully complete long -term projects by providing:
• In less than two pages, a narrative outlining the financial stability of your Firm and/or Team.
• Your most current financial statements. If a public corporation, provide your most recent audited financial statements. If privately held, provide a copy of your balance statement and Profit & Loss statements for the past three years or an equivalent financial record that may be used in lieu of Profit & Loss statements.
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5.3 Additional Proposal Content
a. Narrative
Provide, in narrative format that shall not exceed 20 pages, the steps your Firm intends to follow if awarded a contract under this solicitation to complete the scope of work outlined above.
b. Gantt Chart
Provide a project schedule in Gantt format depicting the major milestones including their relationship to each other and projected timeline for each step through completion.
c. Cost of Services
Propose the cost your Firm will require to complete the scope of work outlined in the Section

4. Provide lump sum costs where appropriate for each section (i .e. Initial Feasibility Study/Financial Analysis , Wholesale Power Procurement Management , Data Management/Call Center Services , e tc.) Provide metric -based costs where appropriate.

Describe potential City CCA revenues may be achieved. Cost evaluation will be based on a baseline of annual operating costs and po tential other benefits or revenues that may be achieved.

5.4 Appendix (Optional)
The Firm may provide an appendix to provide additional information the C ity may find beneficial in making a selection.

5.5 Format
The Firm shall submit an electronic format. In the event the City desires to print the material, the size of pages shall not exceed 11 inches by 17 inches. 251
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6. INSTRUCTIONS TO PROPOSERS
CM-24-167-SP

6.1 PROPOSAL TIMELIME
• Closing Date: March 28, 2024 @ 2:00P.M.
• Proposal Review: April 2024
• Oral Interviews: May 2024
• Selection of Firm: June 2024
Selection of Firm Selection of firm timeline

6.2 PROPOSER’S EXAMINATION
Before submitting a proposal, the proponent shall carefully examine the scope of services and other contract documents and ensure that he/she has a clear understanding of the requirements of the contract work regarding the performance of work.

By submitting a response, the applicant represents that it has thoroughly examined and become familiar with the contents of the solicitation and conditions of the standard City contract documents, and that it is capable of performing quality work to achieve the City of Fontana's objectives.

6.3 INTERPRETATION OF PROPOSALS AND DOCUMENTS
If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, shall be immediately brought to the attention of the City by submission using the electronic bid system. Such submission, if any, must be sent using the Q&A t ab of the electronic bid s ystem. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued electronically to each person registered on the prospective bidder’s list. T he Purchasing Office will not be responsible for any other explanation or interpretation of the proposed documents.

6.4 NOTICE TO PROPONENTS
The proponents shall be considered based on the best overall value to the City. The City shall not be limited to awarding to the lowest responsive proponent, but instead shall be entitled to negotiate for the best overall value to the City.

The City may automatically disqualify any proposal that does not meet the terms and conditions set forth in these “Instructions to Proposers.”

6.5 LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any Proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, 252
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contemplated, and referred to in scope of services, contract documents, and to full compliance therewith.

6.6 DELIVERY AND OPENING OF PROPOSALS
Proposals are to be submitted electronically. Electronic Bid System will close exactly at the time set forth in the document. All applicable forms required to be completed per the proposal documents, shall be submitted electronically prior to the proposal date and time.

Hard copies will not be accepted as a viable proposal. It is the Proposer’s sole responsibility to ensure that its proposal is received as specified. Proposals may be submitted earlier than the dates(s) and time(s) indicated.

Proposal will be available at the date and time stated in the Instruction to Proposers and the amount of each proposal will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted proposals. City reserves the right to reject any or all proposals and to waive any informality or irregularity in any proposal.

6.7 WITHDRAWAL OF PROPOSAL
Prior to proposal opening, a proposal may be withdrawn by the Proposer only by using the City’s electronic bidding system.

6.8 IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may c ause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, t elegraphic, or telephonic proposal, modification, or withdrawal will be considered.

6.9 PROPRIETARY
The proponent shall identify t hose portions of their proposal that they deem to be confidential, proprietary i nformation or trade secrets, and provide justification why s uch materials shall not be disclosed by the City. All materials the proponent desires to remain confidential shall be clearly indicated by stamping the pages on which such information appears, at the top and bottom thereof with the word "Confidential". All such materials so indicated shall be reviewed by the City and any decision not to honor a request for confidentiality shall be communicated in writing to the proponent. Prices, makes and model or catalog numbers of the items offered, deliveries, and terms of payment SHALL NOT be classified as confidential.

6.10 COMPETENCY OF PROPONENT
No proposal will be accepted from or contract awarded to a proponent who is not licensed in accordance with the law, who does not hold a license qualifying them to perform work under this contract, to whom a proposal f orm has not been provided and who has not 253
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successfully performed on projects of similar character and scope. The proponent may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner. The City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose.

6.11 QUESTIONS AND COMMENTS
Questions and comments regarding this solicitation must be submitted online using the city’s bid system and click the Q & A tab of the bid, no later than three (3) days before the Submittal Deadline. Answers, if any, made by the City will be sent using the online bid system to all known proposal holders.

6.12 CORRESPONDENCE
All correspondence is to be submitted to
Sid Lambert
[email protected]
909-350-7678

6.13 AWARD OF CONTRACT
Issuance of this Request for Proposal and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals to accept any proposal or portion thereof, to waive any irregularity, and to take the proposals under advisement for the period of time stated in the “Request for Proposals”, as may be required to provide for the best interests of the City of Fontana. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the proponent to whom the award is contemplated. All responses to this solicitation shall become the property of the City and will be retained or disposed of accordingly. No proponent may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof.

6.14 TERM OF CONTRACT
Contract period shall be limited to the respective project. Proposer understands that this contract shall not bind nor purport to bind the City of Fontana for any contractual commitment in excess of the original contract period. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties.

6.15 INSURANCE
Prior to the commencement of any services hereunder, Consultant shall provide to the City certificates of insurance with the City named as additional insured. Such policies shall be subject to approval by the City and shall require thirty days’ notice to the City before any 254
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cancellation. Failure to furnish such evidence, if required, may be considered default of the Consultant.
(1) Worker's Compensation Insurance covering all employees and principals of the Consultant, in a minimum amount of $1 million per accident, and meeting the laws of the State of California;
(2) Commercial General Liability Insurance covering third party liability risks; including without limitation contractual liability, in a minimum amount of $1 million per occurrence for bodily injury, personal injury, and property damage.

If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial Auto Liability and Property Insurance covering “any auto” with a minimum amount of $1 million combined single limit per accident for bodily injury and property damage.
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7. PROPOSAL DOCUMENTS
CM-24-167-SP

7.1 PROPOSAL SUBMITTAL INFORMATION
A. Submittal of Proposal: A digital file containing proposal and cost shall be submitted in response to this RFP. The proposal(s) shall be submitted no later than 2:00 p.m. on March 28, 2024 and submitted online through the electronic bid system.

Late submittals will not be considered. Fax submittals will not be accepted.

B. Examination of the content of the RFP: By submitting a response, the applicant represents that it has thoroughly examined and become familiar with the contents of the RFP’s and conditions of the standard City contract documents (Professional Services Agreement) (Attached), and that it is capable of performing quality work to achieve the City of Fontana's objectives.

C. Pre-Contractual Expenses: The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal(s) in response to this request for qualification/request for proposal.

D. Contract Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to accept or reject any or all responses received in reply to this RFP; reject or cancel in part or in its entirety this request for proposal. Similarly, all responses to this request for qualifications/request for proposal shall become the property of the City and will be retained or disposed of accordingly.

7.2 EVALUATION AND SELECTION PROCESS
A. Submittal Review: A committee will review and evaluate each submittal to determine if it meets the "submittal information" requirements for the project. Failure to meet the requirements will be cause for eliminating the applicant from further consideration.

B. Selection: Based on the committee's evaluation and utilizing the Proposal scoring method of each applicant's proposals, additional data submission and oral interview, the firms will be ranked by the Evaluation Committee.
.
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8. PROPOSAL EVALUATION FORM
Proposer’s Name:

FACTOR WEIGHT SCORE
(0-4)

WEIGHT SCORE

1. SUBMITTAL QUALITY
The selection panel will judge based on
the overall quality of the submittal
including the determination that all
requested items have been included, are
in the proper order and appear to be
feasible both in terms of timing and
sequence of key milestones
10 2. BREADTH AND QUALITY OF

EXPERIENCE
The selection panel, based on the list of
references and the associated work, as
well as on the experience of key staff as
outlined in the resumes, will evaluate the
Firm’s experience in meeting the needs of
the County and any related or associated
efforts.
25 Ability to communicate service in an
organized, clear, and concise manner
10 3. FEE STRUCTURE AND SCHEDULE
40 The selection panel will evaluate the
potential cost of each proposal, however,
is not using the cost as the primary
components of selection.

3. INTERVIEW
TOTAL 100
SCORE: 0=Unacceptable 1= Poor 2=Fair 3= Good 4=
Excellent
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P R E P A R E D B Y G D S A S S O C I A T E S , I N C .

CITY OF

FONTANA
R F P C M - 24- 167 - SP
Proposal for Community Choice
Aggregation (CCA) Formation
and Operation, Revision 1
August 7, 2024
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T A B L E O F C O N T E N T S
1 QUALIFICATIONS ................................ ................................ ................................ ................................ .................. 1

1.1 Turnkey CCA Team Approach............................................................................................................................................. 1

1.2 Further GDS Qualifications and Relevant Experience ........................................................................................................ 3

1.3 Past Clients with References .............................................................................................................................................. 5

1.4 Past Experience .................................................................................................................................................................. 6

1.5 Project Management ......................................................................................................................................................... 8

1.6 Key Personnel ................................................................................................................................................................... 11

1.7 Turnkey Team Management ............................................................................................................................................ 17

1.8 Financial Capability .......................................................................................................................................................... 17 2 ADDITIONAL PROPOSAL CONTENT ................................ ................................ ................................ .................. 19

2.1 Narrative .......................................................................................................................................................................... 19

2.2 Gantt Chart....................................................................................................................................................................... 30

2.3 Cost of Services ................................................................................................................................................................ 32 3 VALUE ADDED SERVICES ................................ ................................ ................................ ................................ .... 37

3.1 Assistance to Help Residential, Commercial and Industrial Customers – City CCA Public Image .................................... 37

3.2 Bringing New Power Generation, Storage or Distribution to the City ............................................................................. 37

3.3 Regional CCA Development ............................................................................................................................................. 38

3.4 Electric System Grid Reliability Programs Participation ................................................................................................... 38

3.5 Participation in SCE Regulatory Proceedings ................................................................................................................... 38

3.6 Economic Impacts ............................................................................................................................................................ 38 APPENDIX A. CORPORATE BIOGRAPHIES OF TURNKEY CCA TEAM ................................ ................................ ... A APPENDIX B. RESUMES ................................ ................................ ................................ ................................ ........... B APPENDIX C. FINANCIAL INFORMATION ................................ ................................ ................................ .............. C

259
Kevin J. Mara, Executive Vice President
[email protected]
phone (678) 488 -4691
fax 866-611-3791
1850 Parkway Place ◼ Suite 800 ◼ Marietta, GA 30067 ◼ 770-425-8100 ◼ Fax 866 -611-3791 ◼ gdsassociates.com G e o r g i a ◼ Te x a s ◼ A l a b a m a ◼ N e w H a m p s h i r e ◼ W i s c o n s i n ◼ F l o r i d a ◼ M a i n e ◼ W a s h i n g t o n ◼ C a l i f o r n i a August 7, 2024
Mr. Sid Lambert
Purchasing Manager
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Subject: Proposal for Community Choice Aggregation (CCA) Formation and Operation (RFP CM-24-167-SP) – REVISION 1
Dear Mr. Lambert:

GDS Associates , Inc. (“GDS”) is pleased to submit the enclosed Request for Proposal to the City of Fontana (“City”) for Community Choice Aggregation (“CCA”) Formation and Operation, Revision 1. Revision 1 includes changes suggested by City staff. GDS has professional staff members with energy industry backgrounds in the areas of: economics, finance, financial analysis, engineering, design, public administration, operations, research, environmental, permitting, general utility management and regulation.

GDS is a multidisciplinary management consulting and registered professional engineering firm that provides a variety of project solutions to clients involved with electric power, natural gas, telecommunications, water, wastewater and other energy and natural resource related businesses. EES Consulting, a GDS Associates Company, is an industry leader in evaluating and implementing CCAs throughout California having provided CCA-related services for half of the jurisdictions now participating in CCAs throughout all Investor-Owned Utility territories.

As described throughout this proposal, we specifically offer a Turnkey CCA solution to the City in meeting its community energy objectives primarily through the investigation and, if financially feasible, the implementation and operation of a CCA program. As a CCA, the City can provide lower electricity rates to its constituents, offer local decision-making regarding power supplies and setting of rates, develop local energy programs for customers, and create a revenue stream and net positive financial position to support City-determined energy objectives and projects. The City will also have access to local government clean energy funding and an energy partner with the expertise and resources to access funding and support strategic energy initiatives.

Our offer also states that the GDS Team will conduct a CCA feasibility study for the City at no cost regardless of the City’s decision to move forward with a CCA or not. If CCA is determined to be financially viable and the City decides to move forward, GDS will identify options for initiating and implementing an operational CCA with the GDS Team. After the feasibility study is complete and vetted, the County and potentially other cities will decide whether or not to proceed to next steps in CCA formation. The County and other cities are not expected to expend any costs up through the feasibility study.

We have assembled an unmatched team of utility industry service providers who can implement and operate a CCA for the City with, if desired, no designated roles for the City except to provide governance leadership for the CCA. Alternatively, any desired City roles within a CCA may be developed within our CCA operations structure. 260
1850 Parkway Place ◼ Suite 800 ◼ Marietta, GA 30067 ◼ 770-425-8100 ◼ Fax 866 -611-3791 ◼ gdsassociates.com G e o r g i a ◼ Te x a s ◼ A l a b a m a ◼ N e w H a m p s h i r e ◼ W i s c o n s i n ◼ F l o r i d a ◼ M a i n e ◼ W a s h i n g t o n ◼ C a l i f o r n i a GDS’ California Secretary of State Entity No. is 2673636. The contact person during the period of the proposal evaluation will be:

Howard Choy, Executive Consultant
850 Iron Point Road, Suite 154
Folsom, California 95630
(323) 204-6134 / [email protected]
We look forward to working with the City on this exciting project, are available for any questions, and hope to hear back from you soon.

Sincerely,
Kevin J. Mara, P.E.

Executive Vice President
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1 Qualifications
Founded in 1986, GDS Associates, Inc. ( “GDS”) provides engineering and consulting services to electric utility clients across the country, covering a broad range of services in the areas of wholesale and retail rates, cost of service (“COS”), demand-side management, power supply planning, financial consulting, transmission planning, access and pricing, generation development and monitoring, operational and management challenges, and many others.

Local governments, cooperatives, municipal systems, and regulatory agencies are GDS’ target clients, and we gear our business toward being able to provide the multitude of services that those entities need “all under one roof”.

We serve a diverse client base with a variety of energy consulting services, as well as information technology, market research, and statistical services.

GDS has extensive engineering, rate, regulatory, compliance, and expert testimony experience. GDS senior staff members are recognized leaders in their fields, dedicated to their clients, and innovative in their approach to delivering quality consulting services that satisfy client needs. EES Consulting (“EES”), a GDS Associates company, has significant experience in the CCA community. EES has previously prepared CCA Feasibility Analyses, Business Plans, and/or Implementation Plans for dozens of California jurisdictions evaluating or implementing CCA programs. EES/GDS has offices in Re dmond, WA; Folsom, CA; and Camarillo; CA and can be readily available for any in-person activities.

1.1 TURNKEY CCA TEAM APPROACH
For this proposal, GDS has assembled a highly qualified, experienced team of CCA and utility service providers to meet the objectives of the City with other cities (“Cities”). Based on our CCA experience, a Turnkey approach saves money, time and confusion in investigating and deciding on CCA. The Turnkey approach lays out all steps necessary to evaluate and determine a path forward for the City. It also leaves the Turnkey Team responsible for assembling and hiring all the needed service providers and resources to implement a CCA. Lastly, our Turnkey Team, as their corporate profiles and resumes indicate, have unmatched backgrounds and experience working with CCAs and in the energy industry.

Figure 1-1 illustrates the Turnkey Team members and their roles. Further detail on these roles and each Team member’s qualifications are provided in the Narrative and Turnkey Team Company Profiles.

GDS will be the prime contractor to any city or Joint Powers Authority requesting a feasibility study and CCA start- up, implementation and operations. As such, GDS will provide all administrative and program management functions including all customer coordination and service.

The GDS team will conduct the CCA Feasibility Study and provide all services to prepare and present the study results for City electeds, executives and community input and/or approvals. GDS will also, if directed by the City, proceed to implement the CCA. Those steps are described in more detail in the Narrative section.

GDS will conduct power supply planning and procurement for the CCA based on GDS’ extensive experience conducting the same for public and private entities throughout the Country. GDS can analyze and procure power from wholesale power markets, independent power producers and from local/regional power sources. GDS also develops risk management strategies for power procurement to mitigate potential changing market and CCA operating conditions. Additional Turnkey Team members and their roles are described identi fied below and described in greater detail throughout this proposal.

Tenaska Power Services (“Tenaska”) will serve as the CCA Schedule/Dispatch function which involves coordinating the delivery of CCA -purchased power into and out of the transmission grids throughout California 262
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and the western U.S., as appropriate, and ultimately into Southern CA Edison’s distribution grid for delivery to CCA customers.

Calpine Energy Solutions (“Calpine”) will perform bill data management coordination between the CCA and SCE.

This role i s necessary because SCE, through its current billing program, collects the CCA customer electricity revenues and customer bill data. Retail revenues are delivered to the CCA to pay operating costs, largely the power provider, and staff and administrative costs. Calpine will also provide a CCA customer call center with scope of operations determined by CA Public Utilities regulations and the CCA.

The Energy Coalition (“TEC”) runs public agency energy programs throughout southern California funded by state regulatory agencies such as the CA Public Utilities Commission (“CPUC”) and the CA Energy Commission (CEC). TEC can acquire CPUC allocated energy efficiency program funding provided for CCAs and can acquire local government energy grant funding from federal and state agencies. TEC also provides customer -facing marketing and information outreach venues including CCA websites and customer notifications.

Best Best & Krieger (“BBK”) will provide CA regulatory legal services for the CCA and can serve as in-house counsel if desired. We note that BBK already serves as City Attorney for the City and the City should determine whether BBK legal services in support of the CCA would be done under the Turnkey Team or directly through the existing City arrangement with BBK.

AAdvantage Communications will provide customer service support on behalf of the Turnkey Team to the City or cities. They will also participate and develop strategies for adding additional cities to the CCA, if desired; gaining public or other community stakeholder support for the CCA; and representing the CCA in state issues (regulatory, legislative and advocacy) with other CCAs or solely for this CCA.

FIGURE 1-1. TURN KE Y C CA TE AM AN D ROLE S
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1.2 FURTHER GDS QUALIFICATIONS AND RELEVANT EXPERIENCE GDS’ range of public agency utility industry and CCA clients, and the services provided, are shown in Table 1-1 and Table 1-2 below and represent our qualifications and expertise relative to this scope of work and the utility operations industry. Our Turnkey Team member qualifications are described in more detail in Appendices A and B. Further detail on specific CCA client projects, with references, is provided in the next section of this proposal.

Our experience and available resources make the GDS Turnkey Team exceptionally and uniquely qualified to carry out the full range of administrative, technical and management services required of this scope.

TAB LE 1-1. G DS 1 LIST OF CLIENTS FOR PR OVISION OF UTILITY OPER ATIONS ASSE SSMEN T Client System Reason for Assessment
Alaska Village Electric Cooperative Teller Electric System Purchase Alaska Power & Telephone Army Garrison – Hawaii (Oahu) Privatization Alaska Power & Telephone Joint Base Lewis-McChord Privatization Anchorage Municipal Light & Power Elmendorf AFB Electric Facilities / Various Purchase Black River Electric Cooperative Fort Jackson Privatization Bradford Municipal Electric Distribution Facilities Sale CHELCO Eglin AFB Privatization
City of Alexandria Utilities City’s Utility Systems Valuation City of Cerritos Generation Facility Purchase
City of Corona Southern Cal Edison Condemnation
City of Heyburn Electric Distribution Facilities Sale
City of Indian Wells Southern Cal Edison Condemnation
City of Irvine Southern Cal Edison Purchase
City of Lethbridge Electric Distribution Facilities Sale City of Medicine Hat Generation Facility Purchase
City of Port Angeles Electric Distribution Facilities Purchase City of Richland Electric Distribution Facilities Purchase City of Richland/Benton REA Electric Distribution Facilities Purchase/Sale City of San Marcos Generation Facility Purchase
City of Toppenish PacifiCorp Distribution Facilities Condemnation City of Winnetka Coal Plant Purchase
Clark Public Utilities Northwest Natural Gas Distribution Facilities Purchase Columbia River PUD PacifiCorp Distribution Facilities Condemnation Douglas County PUD Wells Dam Federal Court Dispute
Electric Cooperatives of South Carolina Large Municipal System Acquisition Electric Distribution Association of Ontario Various Purchase Emerald PUD North Umpqua Hydro Facility Condemnation
Flathead Electric Cooperative PacifiCorp Distribution Facilities Purchase Flathead Electric Cooperative Deseret G&T Generation Purchase Flathead Electric Cooperative Elk Basin Distribution Facilities Sale Grays Harbor PUD/City of McCleary Electric Distribution Facilities Purchase/Sale Gulf Coast Electric Cooperative Tyndall AFB Privatization G&K, Inc. Cold Bay Electric System Sale
Idaho Coops PacifiCorp Distribution Facilities Purchase Laclede Electric Mt. Pleasant Municipal Utility Acquisition

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Client System Reason for Assessment
Large Public Agency Coops PacifiCorp Distribution Purchase Large Public Agency Coops PGE Distribution Purchase
Lewis County PUD/City of Centralia Electric Distribution Facilities Purchase/Sale Lower Valley Power & Light Fall River Electric Distribution Facilities Purchase Mani Ventures Generation Facility Purchase
TAB LE 1-2. G DS 2 LIST OF CLIENTS FOR PR OVISION OF C C A SE RVICE S Client/Location Services Provided
Loudon County, VA CCA Feasibility Study
Los Angeles County (CA) - (County of Los Angeles and
All Eligible Cities within the County)
Technical Feasibility Study, Additional Services Under Clean Power Alliance – the JPA that grew out of the Los Angeles County CCA initial formation.

County of San Diego, CA Technical Feasibility Study, Renewable Resource Supply Assessment
City of San Diego, Solana Energy Alliance, and
King City (CA) Peer Review of Technical Feasibility Studies Cities of Chula Vista, Encinitas, La Mesa, Santee,
Escondido, Vista, San Marcos, Oceanside, Carlsbad,
Del Mar (CA)
Three Separate Technical Feasibility Studies for Various City Groups
Nevada Irrigation District (CA) Technical Feasibility Study South San Joaquin Irrigation District (CA) Technical Feasibility Study Western Riverside Council of Governments, San
Bernadino Association of Governments, Coachella
Valley Association of Governments (CA)
Technical Feasibility Study
Orange County Poer Authority (CA) – (Cities of Irvine,
Huntington Beach, Fullerton and Buena Park,
County of Orange)
Technical Feasibility Study (City of Irvine), Implementation Plan, Implementation Plan Amendment, Regulatory Filings, Start-Up Support
Central Coast Community Energy (CA) - (Counties of
San Benito, Santa Cruz, Monterey, Santa Barbara and
cities within the Counties, and cities within the County of San Luis Obispo)
Cost of Service and Rate Design
Butte Choice Energy (CA) – (County of Butte,
Cities of Chico, Oroville)
Technical Feasibility Study, Implementation Plan,
Start-Up Support
Clean Power Alliance (CA) – (Counties of Los Angeles
and Ventura, Multiple Cities Within the Counties
Technical Feasibility Study, Implementation Plan,
Start-Up Activities, Public Outreach
San Jose Clean Energy (CA) – (City of San Jose) Technical Feasibility Study, GHG Reductions Analysis, Governance and Partnership Options
Silicon Valley Clean Energy (CA) – (County of Santa
Clara and Cities Within the County) Rate Setting Analysis East Bay Community Energy (CA) – (County of
Alameda, City of Oakland)
Technical Feasibility Study, Implementation Plan,
Start-Up Services
Western Community Energy (CA) – (County of
Riverside and Cities Within the County)
Start-Up Services, Rate Setting, Regulatory Assistance, Integrated Resource Plan
City of Pueblo (CO) Public Power Municipalization Study and Assessment of CCA in the State Legislature

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1.3 PAST CLIENTS WITH REFERENCES
Below are engagements for our recent, and significant, work in developing CCAs in California with references noted.

Project Name / Client CCA Feasibility / City of Irvine
Client Contact Name & Title Oliver Chi, City Manager
Phone (949) 724-6246 Email [email protected]
Project Description
EES finalized the City’s feasibility study in January 2020 after updating previous analyses using the annual Edison rate changes published in late 2019. The Irvine study included the same technical rigor of other EES studies and was peer reviewed in April 2020. The peer review emboldened the City to move forward with coordinating a County-wide CCA effort under which GDS continued development of a regional CCA. The Orange County Power Author ity (OCPA) JPA which now includes the cities of Irvine, Fullerton, Buena Park, Huntington Beach and unincorporated Orange County. Additional Orange County cities are currently considering joining this JPA. Additionally, in 2023, EES provided an operational assessment of the OCPA on behalf of Irvine.

Project Team Garrett Cole, Howard Choy, Amber Gschwend, Ryan Baron (BBK)

Project Name / Client CCA Feasibility / Cities of Vista, Escondido, and San Marcos Client Contact Name & Title John Conley, Director of Community Development/Engineering Phone (760) 643-5388 Email [email protected]
Project Description
EES completed a feasibility study in 2020 for these three cities combined and individually. Ultimately, all three cities decided to join the Clean Energy Alliance CCA which includes the cities of: Solana Beach, Oceanside, Carlsbad and Del Mar.

The is finishing up a technical feasibility study for these three cities.

Project Team Howard Choy, Amber Gschwend, Garrett Cole

Project Name / Client CCA Feasibility and Implementation Services/ Butte Choice Energy (BCE) Client Contact Name & Title Brian Ring, Interim Executive Director Phone (530) 552-3311 Email [email protected]
Project Description
EES prepared the feasibility analysis for BCE in 2018 and continued to support the County and the City of Chico as they formed a Joint Powers Authority (BCE) in 2019 and began the implementation process in 2020. The feasibility study included many of the same elements requested by Tuolumne County including economic impacts, rate forecasts, load forecasts, financial feasibility, and governance. BCE is currently waiting to proceed with launch until key feasibility metrics around PG&E rates and PCIA are settled.

Project Team Garrett Cole, Howard Choy, Amber Gschwend, Ryan Baron (BBK)

Project Name / Client CCA Feasibility/ County of San Diego Client Contact Name & Title Charley Marchesano, Chief, Energy and Sustainability Program Phone (858) 699-3502 Email [email protected] Project Description
EES prepared a CCA feasibility analysis and Business Plan for the County of San Diego in 2021. Additionally, the team has assisted the County in its analysis of regional, renewable energy potential as a supply resource for future CCAs and a market assessment of the value of energy from local renewable resources. GDS continued assisting the County in evaluating its options for creating its own CCA or joining with other, existing CCAs. Ultima tely the County joined San Diego Community Power which includes the cities of: San Diego, Chula Vista, and Encinitas.

Project Team Howard Choy, Amber Gschwend

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Project Name / Client CCA Feasibility, Implementation, Start-up/ County of Los Angeles Client Contact Name & Title Bill Carnahan, ex-interim Executive Director Phone (626) 487-5356 Email [email protected] Project Description
EES prepared a CCA feasibility analysis and Business Plan for the County of Los Angeles in 2016; the analysis included all eligible cities within the County. Subsequently, EES assisted the County team, including an interim Executive Director, in forming the CCA through municipal action, complying with regulatory and legal requirements, creating the JPA governance body, investigating start -up and operations financing, assisting with outreach to eligible cities, and hiring of CCA service providers, and providing initial operations consulting support.

Project Team Howard Choy (County employee), Amber Gschwend

Project Name / Client CCA Feasibility/ Cities of Chula Vista, La Mesa, Santee Client Contact Name & Title Corey Downs, Conservation Specialist, City of Chula Vista Phone (619) 476-2442 Email [email protected]
Project Description
EES prepared a CCA feasibility analysis for the three cities in 2019. EES presented the study and results to several committees and to each City Council. The study evaluated feasibility from a 3-city JPA perspective as well as for individual City-CCAs. The results of the feasibility study were relied on as each City chose its path to move forward with CCA implementation. The Cities of Chula Vista and La Mesa joined the City of San Diego and othe r cities to form San Diego Community Power. The City of Santee is considering joining the County of San Diego to form another CCA JPA.

Project Team Howard Choy, Amber Gschwend

Project Name / Client CCA Feasibility/ Loudon County, Virginia Client Contact Name & Title Dennis Cumbie, Programs Division Manager Phone (703) 737-8699 Email [email protected]
Project Description
To better understand the benefits and risks associated with municipal aggregation programs, Loudoun County (County) selected GDS Associates, Inc. (GDS) and Best, Best & Krieger (BB&K) to prepare this Study that assesses the technical and financial feasibil ity of municipal aggregation as a mechanism to provide choice to customers, potentially lower their electricity rates, and contribute toward achieving the County’s greenhouse gas reduction goals. This Study relies on information taken from previous aggregation attempts within the Commonwealth, the incumbent IOU rates and portfolio mix, and municipal aggregation programs operating in other parts of the country.

Project Team Garrett Cole, Amber Gschwend, Ryan Baron

1.4 PAST EXPERIENCE

1.4.1 Scope of Work Specific to CCA Feasibility
Table 1-3 below describes the typical scope of work and content provided by GDS for numerous CCA clients described earlier. The development of this now industry-standard scope of work has been refined and improved throughout GDS’ tenure in providing CCA evaluation, assessment and feasibility support. As indicated in this table, we highlight where the customer, the City or Cities, play a significant role in providing input to guide the analysis.

TAB LE 1-3. STAN DAR D SCOPE AN D CON TEN T PR OVIDE D IN C CA FE ASIB ILITY STUDY CCA Study Input Scope of Work Comments
CCA Load
Analysis, Study
and Forecast
Historic load request and analysis by customer class: residential, commercial, industrial, other. Forecast load growth scenarios.

Develop energy and peak demand forecasts to inform power supply cost estimates and revenue projections.

The City would execute
documents from SCE releasing
City energy consumption data
and following non-disclosure
agreement language on
retaining the data.
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CCA Study Input Scope of Work Comments
Rate Analysis
Develop retail rate forecasts for CCA program,
delivery/distribution costs for SCE wires infrastructure, and generation cost stranding. A discussion of how rate structure impacts CCA customer savings will also be included in the analysis. Unique to GDS, our staff are rate experts in the public utility arena completing cost of service and rate design analyses for dozens of public electric utilities and CCAs every year.

We will work with the City to
determine rate requirements;
i.e., equal to or % lower than
SCE and impacts on operating
revenues.

CCA Energy
Procurement
The CCA power portfolio will consider options for meeting any City clean energy goals; i.e., percent of renewable power supply to the City.

A range of forecast costs will be
analyzed.

CCA Feasibility
Sensitivity
Analysis
A sensitivity analysis will be performed for the following key variables:
– Range of market prices for conventional and renewable energy including impacts of tax credit changes;
– Ranges of SCE generation rates, exit fees, and customer surcharges; – Rate sensitivity to the inclusion of renewable energy resources at levels that exceed the state RPS;
– Rate sensitivity to the inclusion of local renewable generation and DERs;
– Extent to which rates may change depending on varying levels of participation and resulting lowest feasible participation rate; – Opt-out or opt-in rate impact on base level of renewable resource mix offered;
– Identification of any anomalies, either challenges or opportunities, in the service area related to geographic, demographic, COVID-19, or economic circumstances.

Our Team will examine each
portfolio option under a range of
conditions to ensure that the
recommended resource plan is
appropriate under unexpected
market and regulatory
conditions. This will be
thoroughly vetted with the City.

CCA Proforma
Analysis
Develop a 10-year financial model pro-forma with cash flow analysis. These costs will include start-up costs, any required CCA surety bonds, cost of capital, data management, staffing, customer service, legal services, uncollected accounts, payments to SCE for stranded generation costs, marketing, accounting, and all power procurement costs such as scheduling, transmission, and surcharges. Based on these expenses, our project team will estimate the total CCA revenue requirement and resulting unit costs for 10-years of operation.

These operating costs will be
based on the operating costs of
existing CCAs and scaled for the
size of the City’s program.

CCA Risk
Analysis
GDS will evaluate and report on a range of risks and risk mitigation strategies associated with CCA formation and operation. The analysis will address challenges faced by existing CCAs, as well as those anticipated for new CCAs over the next 10 years. For each risk category, our study will describe causes, effects, potential impact, likelihood of occurrence, and strategies to mitigate them. Based on the results of this analysis, risks can then be anticipated and addressed through changes in program policy, contract terms, insurance, financing, and modification of management practices.

The City may also advise on
specific risks to be addressed.

Public Benefits
Program
GDS will review current expenses for special programs such as low-income support, energy efficiency, or other special programs. We will also report on existing CCA-only public benefit programs – especially available in California.

The City may also advise on
desirability of accessing these
and other available programs.

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1.4.2 Additional Work Experience for GDS Specific to Utility Operations The following summarizes additional examples of work performed for clients for whom GDS have completed recent merger and acquisition evaluations, feasibility studies or other similarly related utility industry work. More specifically, GDS is known for completing utility transactions and not just studying them. The following list represents some of those transactions that were completed and are underway today:
 Transfer of PacifiCorp Montana assets to Flathead Electric Cooperative. Value of approximately $100 million in assets.
 Set up public utility in Southern California Edison service territory for Moreno Valley, California. Utility value of approximately $75 million in assets.
 Set up public utility in Southern California Edison service territory for City of Corona, California. Utility value of approximately $50 million.
 Acquisition of Sierra Pacific’s water assets by the Cities of Reno and Sparks (Truckee Meadows Water Authority). Approximate asset value of $450 million.
 Negotiated contract for Nor-Cal JPA to purchase PacifiCorp’s California retail service area. Utility valuation of $400 million.
 Assisted Hydro One of Ontario in purchasing Avista Corp Assets valued at $500 million.  Valuation study including separation plan and reintegration plan for the formation of an electric utility at Bloomfield, New Mexico.
 Privatization of Eglin Air Force Base’s Electric Utility Grid to a Public Power Operator via a 50-Year Contract.  Completion of the first Intergovernmental Service Agreement for utility services whereby operational control and responsibility for all infrastructure associated with the Army installation’s electric, water and natural gas infrastructure was transferred to a local municipal utility.  Valuation of all of the U.S. Navy’s utility assets in southern California. This valuation included inventory, aging, and quality review of the assets at more than 25 installations.  Valuation of electric system at White Sands Missile Range. This valuation included inventory, aging, and quality review of the assets at more than 25 installations.
 Valuation of electric system at U.S. Army Yuma Proving Grounds. This valuation included inventory, aging, and quality review of the assets at more than 25 installations.

In all these transactions, GDS completed the financial, engineering and operations due diligence, developed the bid document, negotiated the purchase contract, provided the expert opinion for the utility negotiation, wrote the engineering letter for the necessary project financing, and other activities to complete the project transaction.

1.4.3 Work Experience for Other Turnkey CCA Team Members Work experience and capabilities for our other Turnkey CCA Team Members are provided in Appendices A and B.

1.5 PROJECT MANAGEMENT
The following sections describe the GDS Team Project Management approach and standard for various parts of this project scope: the CCA Feasibility Study (including interaction with the City), the overall Program Management including starting-up and operating the CCA, and the organization of the Turnkey CCA Team. Figure 1-2 at the end of this section ill ustrates the benefits of a centrally managed, turnkey CCA effort. The Project Manager will be Howard Choy and will serve as the individual responsible for managing overall work assignment communications and project activities’ status to the City and will serve as the principal point of contact for all City communications with The Turnkey Team.

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1.5.1 CCA Feasibility Study Management/Communication
Throughout the Feasibility Study process, the Project Manager will check -in regularly (as desired by the City, typically every two weeks) with staff from the City to provide updates, solicit feedback, and ensure City expectations are fulfilled. GDS, the Feasibility Study author, will document all methods and assumptions used in the analysis and provide the City with its analytical modeling tools to ensure that the City is comfortable with the model inputs and results. A draft study will be provided to the c ity for review at least three weeks before the agreed on final study submission date. The Feasibility Study team will then be available to present the study to staff, City councils, or community groups as needed by the City.

Specific parts of the Feasibility Study development involving City input, approval or review are identified in Table 1-3 – Standard Scope and Content Provided in CCA Feasibility Study.

The Feasibility Study Team will implement the following strict quality control procedures for all data collection and development efforts throughout the project:
 For all data sources the Team will look at look at how the data was developed (e.g., primary or secondary research), documentation of sources, sample size (if primary data) and implied sample accuracy, the background and reputation of the source, and any identified data quality procedures.  All data will be reviewed and approved by a senior consultant during the data development process before the data is deemed appropriate.
 Any model input data will be presented to City staff for review, comments, and approval.  For economic modelling, outputs will be reviewed by senior staff for reasonableness by looking at detailed breakdowns of energy efficiency potential and cost-effectiveness by end-use.  All revised model input data will be presented to City staff for review and approval.

These steps will ensure that more than one Feasibility Study Team member is involved in collecting and analyzing any data, which will in turn lead to sound estimates and credible reports. All major deliverables will be processed through our dedicated editor for technical accuracy and to aid in the presentation of information.

1.5.2 CCA Planning And Start Up , Operations
GDS will oversee all aspects of the project, including management of all Turnkey Team member functions within the scope of work and submission of all deliverables. Management of the project is designed to deliver high - quality, on -time, on -budget (where applicable) services to the City. Howard Choy will communicate with designated City staff on a regular basis as to the progress of the work, the results to date and any problems encountered. The GDS Turnkey Team will anticipate weekly (or as needed and prefer red) in person and/or teleconferences with City staff to discuss work assignments, meetings, and deliverables for the coming week. GDS Turnkey Team members will report any delays or unforeseen difficulties to the GDS project manager and the City staff if such delays or difficulties develop.

1. GDS will maintain and administer a SharePoint site to facilitate the exchange of data and documents with the City staff.

2. The Turnkey Team will provide City staff with drafts of all major deliverables for review, comment, and approval (if desired). These deliverables will have already received several rounds of peer editing by Turnkey Team support staff and principals.

3. At the beginning of the project, the key personnel of the Turnkey Team will attend the kick -off meeting with City staff to review the work plans, proposed methodological approaches, the project schedules, and the format for all project deliverables.
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4. GDS will provide written monthly, or as often as required, project status reports to the City, summarizing project status by activity and identifying any difficulties or delays, and recommending corrective action, as needed.

5. GDS will prepare a comprehensive draft and final report(s) for each major task, edited, and proofread by a dedicated professional editor, providing clear and complete description of the methodology, data sources, assumptions, results, references, and any other information relevant to the work.

In addition to the controls detailed above, the GDS Turnkey Team will make use of total quality management tools (where appropriate) such as monthly timelines, monthly work schedules, budget variance reports, and "percent work task completed" reports to increase the efficiency and effectiveness of project management and to keep the project on-schedule. Additionally, all deliverables will be subject to internal team quality review, before being submitted to the client. The GDS project manager will be responsible for ensuring the quality of all project reports and memos.

1.5.3 CCA Operations and Turnkey Team Management
Section 1.1, Turnkey CCA Team Approach, describes the relationship between GDS and the Turnkey Team members. GDS will serve as the sole contractor with the City and will subcontract with all service provider team members. The graphic provided earlier generally describes the Turnkey Team and their roles. More detailed descriptions of the technical roles to be conducted by the Turnkey Team is provided in Section 2.1, Narrative.

Management of the Turnkey Team by GDS is provided in Section 1.7. Figure 1-2 below summarizes the merits to the City of the Turnkey Team operations and management.

FIGURE 1-2. RELATIVE MERITS OF TURN KEY CC A SER VICES

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1.6 KEY PERSONNEL
Based on the proposed scope of work listed in the RFP, GDS has selected experienced Turnkey Team consultants who have the skills and experience to complete this project on time and provide high -quality deliverables. The Turnkey Team members are presented in Table 1-4 along with the location of each consultant . As mentioned earlier, Howard Choy will be the overall Project Manager and the primary contact for this project. He will be responsible for daily contact with City staff, development of the research approaches for each Task, assigning work tasks to project team members, drafting of report findings and recommendations, and ensuring that project deliverables meet the quality requirements and expectations of the City. Resumes for all GDS Turnkey Team members are provided ed in Appendix B.

TAB LE 1-4. G DS PR OJEC T TE AM
Personnel Title Location Roles & Responsibilities
GDS ASSOCIATES, INC.

Kevin Mara Executive Vice President Marietta, GA GDS Partner Overseeing Overall Turnkey CCA Operations
Garrett Cole Principal Folsom, CA Power Supply and Procurement Implementation
Howard Choy Executive Consultant Folsom, CA Project Manager, Client Point of Contact Amber Gschwend Managing Director Redmond, WA CCA Feasibility Study, Start-Up and Regulatory Compliance

TENASKA
Carey Moris Vice President Murrieta, CA Power Scheduling and Dispatch, Risk Management, Market Operations
Kevin R. Smith President Murrieta, CA Power Scheduling and Dispatch, Risk Management, Market Operations
Curry D. Aldridge Senior Vice President Murrieta, CA Power Scheduling and Dispatch, Risk Management, Market Operations

CALPINE
Drake Welch Senior Vice President,
CCA Business Unit San Diego, CA SCE/CCA Bill Data Management and Customer Services/Outreach
Josh Brock Vice President,
CCA Operations San Diego, CA SCE/CCA Bill Data Management and Customer Services/Outreach
Paula White Vice President,
CCA Operations San Diego, CA SCE/CCA Bill Data Management and Customer Services/Outreach

THE ENERGY COALITION
Craig Perkins President and
Executive Director Irvine, California Customer Communications and Programs, Strategic Planning
Laurel Rothchild Vice President of
Programs Irvine, California Customer Programs, Communications Programs Development
BBK
Ryan Baron Partner Irvine, California Regulatory Counsel

AADVANTAGE
John Valdivia Owner San Bernardino, CA Regional Strategic Planning, Operations Support
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1.6.1 GDS Associates, Inc. Staff Biographies
Kevin Mara, P.E., Executive Vice President, Kevin is the Executive Vice President of GDS Associates, Inc. and Principal Engineer of the Hi -Line Engineering Department. Mr. Mara’s main areas of expertise are distribution system planning, power system modeling and analysis, overhead and underground di stribution design. He has over 40 years of experience as a distribution engineer. Mr. Mara performed planning studies, general consulting, underground distribution design, overcurrent protection schemes, sectionalizing studies, lightning protection, and training services. In addition, Mr. Mara also has extensive knowledge and expertise in metering and distribution automation.

Mr. Mara has developed course material for seminars on overhead distribution design, underground distribution design, overcurrent protection, and National Electrical Safety Code, and the application of non -wood pole structures. In addition, he has conducted more than 80 training seminars from Florida to Alaska. More than 5,000 people have attended courses instructed by Mr. Mara.

Garrett D. Cole, P.E., Principal, has 20 years of experience in the electric utility industry. His main clientele has been municipals, cooperatives and law firms with a priority of offering utility management a broad range of skilled consulting expertise in all areas of the utility busines s model. In the last year, Garrett has personally negotiated and/or provided analysis of solar and battery storage projects recently for all of the following clients:

Central Electric Power Cooperative (SC), Central Virginia Electric Cooperative (VA), Boro ughs of Ephrata and Chambersburg (PA), Cities of Danville, Martinsville (VA), Town of Front Royal (VA), Virginia Tech Electric (VA), City Water and Light (AR), Paragould Light, Water & Cable (AR), Conway Corporation (AR) and Holy Cross Energy (CO).

He is p resently leading five (5) Solar/Storage RFP negotiations for EPC Turnkey or PPA arrangements with developers. In recent years, he has been involved in more than 25 solar and wind project evaluations – with a third of those projects including battery storag e alternatives. While focused on providing all -encompassing solutions for the needs of electric utilities, Garrett specializes in strategic supply, resource procurement and ISO/RTO market planning and analysis and has made significant contributions on strategic planning, negotiation, forecasting, asset review, regulatory and risk management issues. Mr. Cole holds a BS and MS of Industrial Engineering from the Georgia Institute of Technology and an MBA from Kennesaw State University. He is a registered Professional Engineer in the State of Georgia.

Howard Choy, Executive Consultant has been providing executive and strategic leadership for large -scale energy projects and portfolios throughout his 30 -year career. He has spent over 30 years in the energy industry which included: development and administration of Los Angeles County’s Off ice of Sustainability, private sector consulting services for utilities and utility customers, and engineering and management projects for the County’s internal operations. Mr. Choy’s experience includes the incorporation of a wide variety of sustainability initiatives, including energy efficiency, demand response, generation and storage. His most impactful role was the creation of the Office of Sustainability for Los Angeles County, which resulted in hundreds of County pro jects, and thousands of projects among County constituents while serving as General Manager of the Office of Sustainability for Los Angeles County, and has developed cutting-edge, integrated energy/ water efficiency programs and tools for internal, Los Angeles County building operations. He directed the internal and community energy management programs for their $200 million annual budget, approximate 3,000 facilities portfolio, and municipal energy operations including automation of billing, meter and other data systems; building project evaluation programs; procurement and contracting programs; and internal and external financing protocols. He implemented systems and programs to identify, evaluate and manage the implementation of hundreds of clean energy p rojects in County facilities and locations.

Amber Gschwend, Managing Director, provides analytical expertise for GDS in support of economic and financial studies. She offers experience and knowledge to a wide range of topics related to regulated utilities. Her 273
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background includes cost of service analysis, electric rate design, wholesale rate setting, and other power supply costs or related information. In addition to resource planning, Ms. Gschwend uses her background in econometrics and data analysis to develop load forecasts, normalize electric loads according to weather, and to develop market price forecasts. She also conducts conservation program evaluations and provides utilities with statistic ally significant results, which assist in utility program planning, data collection, and presentations. Ms. Gschwend has performed over 70 conservation potential assessment studies for electric utilities on the west coast. She has also assisted in the start -up of several Community Choice Aggregators in California. Amber has completed proforma modeling, IOU load analysis , regulatory filings, and rate setting services. In addition to resource planning, Ms.

Gschwend uses her background in econometrics and data analysis to develop load forecasts, normalize electric loads acc ording to weather, and develop market price forecasts. She also conducts conservation program evaluations and provides utilities with statistically significant results, which assist in utility program planning, data collection, and presentation. Finally, Ms. Gschwend and her staff have performed over 70 conservation potential assessment studies for electric utilities on the west coast.

1.6.2 Tenaska Staff Biographies
Carey Morris, Vice President , Origination (CAISO/WECC), Mr. Morris leads all aspects of the West Origination efforts for Tenaska Power Services Co. (TPS); with primary focus of responsibilities including: energy management, settlement services and portfolio optimization, CAISO Schedule Coordinator services, Renewable Power Supply and Resource Adequacy/Capacity Marketing, wholesale and retail load agreements, and short- and long-term transmission procurement and optimization. His primary focus is California and contiguous states with responsibilities for the following customer segments: utilities, municipals, CCAs, third-party Energy Service Providers, corporate renewable buyers, coops, IPPs, thermal and renewable generation developers, and retail/Commercial & Industrial customers.

Prior to joining TPS, he spent 13 years performing origination and trading roles with Shell Energy North America.

He has experience in West Origination since 1998, along with trading experience and has been working in the energy industry since 1987. He earned a Bachelor of Science degree in Finance from the University of Houston.

Kevin R. Smith, President, Mr. Smith joined TPS 1997 and is responsible for the strategic direction and management of Tenaska’s power -related trading activities. He is a member of Tenaska’s Board and serves as a member on various management committees associated with Tenaska business units.

Before being named president of TPS in 2012, Mr. Smith was Senior Vice President, responsible for directing their long-term marketing and business development activities. Prior to joining the Tenaska organization, Mr. Smith was manager of power marketing f or Delhi Energy Services, Inc., in Dallas, Texas, where he led the creation of Delhi’s power marketing business and directed that group’s activities.

Mr. Smith is involved in various industry activities, serving on the Members Committee of the Southwest Power Pool, the Board of Directors of the SERC Reliability Corporation and the Executive Committee of the Electric Power Supply Association. Mr. Smith earned a Bachelor of Science in petroleum engineering from Texas A&M University and a Master of Business Administration from the University of Dallas.

Curry D. Aldridge, Senior Vice President of Origination and Commercial Operations, Mr. Aldridge joined TPS in 2000 and is currently responsible for managing a team of power deal originators who negotiate and implement complex, structured energy sales and service agreements across the United States and Canada. He assumed this role in 2013 after years of exposure to, and building every side of, the TPS business from its infancy.

During his tenure at Tenaska Power Services, Mr. Aldridge has served roles in trading, energy management, commercial operations and origination. Highlights of his professional experience that contribute to his growing expertise in the field include signing long-term marketing and asset management structured transactions with both wholesale and retail customers in ERCOT, working as a NERC -certified System Operator from 2003 -2008, 274
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launching Tenaska’s retail business in PJM in 2007, and heading Tenaska’s Energy Management team, which is responsible for scheduling, management and optimization activities for customers in all US power markets and coordinating internally with all interfacing departments, from 2008 until assuming his current role.

Curry Aldridge holds a Bachelor of Business Administration degree in Marketing from Abilene Christian University in Abilene, Texas. Mr. Aldridge also currently sits on the Board of Trustees at the K-12 classical college preparatory school, Colleyville Covenant Christian Academy located in Colleyville, TX.

1.6.3 Calpine Staff Biographies
Drake Welch, Senior Vice President, CCA Business Unit, Drake currently oversees Calpine Energy Solutions’ ISO9001:2015 certified Customer Care Department, which includes the Billing, Deal Integration, Market Settlements, Information Technology, and Community Choice Aggregation Services departments. Drake has over 20 years of utility and energy supplier experience, with a focus on customer and back-office services. Drake began his career as a Billing Specialist with San Diego Gas & Electric, where he advanced quickly, moving to Sempra Energy Information Solutions, a bill processing and rate auditing company, where he gained experience in national supplier invoicing and technical solutions during the infancy stages of energy deregulation. In 2001, Drake was promoted to Billing Manager with Sempra Energy Solutions LLC. Drake transformed the Billing Department, successfully managing the department through significant growth and complex invoicing requirements by excellent management, staffing, processes, controls, and technology. He has gained responsibilities over time, applying his successful technical and management approach which has resulted in lower costs, higher output, and higher quality of product.

Paula White, Vice President, CCA Operations, Paula has over fifteen years of energy supply experience with a focus on industry leading customer service and back -office service expertise. Paula began her career as an Analyst with Sempra Energy Solutions, building foundational knowledge of the deregulat ed energy industry and bill processing, including operational support of CCAs in the first years of CCA launching in California . While at Calpine Energy Solutions, Paula gained experience in various operational roles as a Commodity Billing Analyst and Commodity Billing Supervisor. In her previous role leading the National Billing and Customer Care team, she primarily focused on California, Oregon and Texas account management and invoicing for large commercial accounts. Paula motivates her teams to excellence, accuracy, and world class customer service. Paula rejoined the CCA management team in 2016 and has focused on CCA operational growth and excellence, driving utility, technical, and control improvements. The CCA Operations Department consists of five teams that provide expertise in Billing, Rates & Tariffs, Utility Data, CCA Accounts, and Contact Center Solutions.

Josh Brock, Vice President, CCA Commercial Operations, Josh is a leader in California in the field of climate action and energy with over 15 years of experience in the industry. He has worked in roles across the market starting in city government, and spanning investor-owned utilities, nonprofits, and the private sector. Josh’s work in local government covers the full range of sustainability, energy, land use, policy and legislative landscape giving him a broad understanding and perspective of the local government landscape. While at San Diego Gas & Electric, he led their government and climate change programs including “Grid 2.0” initiatives, locational efficiency, demand response, micro-grid, and distributed energy resources. Before joining Calpine Energy Solutions in 2018, Josh worked at a fast-growing start-up in the energy & climate finance space, managing their local government, regulatory, and market development efforts. Josh and his team engaged in successful legislative efforts, getting critical bills amended and signed into law. Additionally, Josh was responsible for growing the footprint of the program through thoughtful and strategic engagement with local government officials throughout California. As a Vice President at Calpine Energy Solutions, Josh provides leadership to the Calpine Energy Solutions team and will be a strategic partner for the City’s leadership.

Julien Gattaciecca, Director, CCA Market Development , Julien leads Calpine Energy Solutions’ market development effort, overseeing all strategic partnerships related to research, customer behavior, and demand 275
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flexibility, and managing business development outside of California. Prior to joining Calpine, Julien directed research at the UCLA Luskin Center for Innovation, collaborating with state agencies, the US DOE, and NREL on various research activities and reports. Julien holds multiple master’s degrees in business and finance and has worked throughout Europe and Asia prior to settling in California.

Santiago Chuck, Managing Director of CCA Products & Services , Santiago oversees Calpine’s CCA systems, products, and infrastructure. With a team of developers, analysts, and product managers, Santiago’s team supports the development and deployment of Calpine’s highly customized and tailored solutions that have been the backbone of the ongoing operations of the significant majority of CCAs. With a focus on collaborating with customers to identify and resolve operational issues, he works side-by-side with CCA partners to assure the smooth and effective implementation of their programs. Santiago brings a wealth of experience in complex technical development of products and services in the fields of energy and medical services delivery. His skills allow Santiago to quickly understand and respond to clients’ needs by assembling key concepts and ideas into comprehensive strategic solutions directed at exceeding expectations.

Matt Messina , Director of CCA Client Services , Matt has over 10 years of experience leading some of California’s most innovative energy programs. His experience includes roles in both the non -profit and private sectors where he has managed teams and led projects on behalf of public agencies and local governments across the state. Beginning with a San Diego -based non-profit and later, with a burgeoning energy efficiency financing start-up, helping local governments design and implement programs and policies that will allow them to achieve their stated climate action goals has always been central to his work. For the last six years, Matt has been a part of Calpine Energy Solutions’ CCA Services team, first in the role of CCA Account Services Manager, and now, in his role as Director of CCA Client Services. In this capacity, Matt oversees a team of CCA Account Services Managers, supports business and market development efforts, and is part of the leadership team at Calpine. He and his team of account managers serve as the primary points of contact for all 21 of Calpine’s CCA clients.

Dharmesh Bharathan, Director of CCA Operations , Dharmesh has over ten years of experience in North American wholesale markets. With a background in Electrical Engineering, Dharmesh has managed a market operations center with a diversified portfolio of generation assets. In addition to this, he has suppo rted the day- to-day activity in Day -Ahead and Real -Time energy markets, Demand Response programs, Emergency Load Response, settlements, and bill reconciliation. Most recently, Dharmesh has joined the Calpine Energy Solutions team managing data processing and control, interface with the CAISO and usage management.

1.6.4 The Energy Coalition Staff Biographies
Craig Perkins, Executive Director and President of The Energy Coalition , Craig provides leadership, oversight and strategic input for all contracts, programs and policy work. Prior to joining TEC in 2008, he was Director of Environmental and Public Works Management for the City of Santa Monica, where he served for 25 years, and led development of the Sustainable City Plan, Climate Action Plan, and Solar Santa Monica Program.

He also directed the City’s water, wastewater, solid waste and stormwater utilities, and was in charge of design and construction services for City buildin gs and infrastructure. Craig has extensive experience designing and implementing energy programs and policies, including outreach strategies to key community stakeholder groups.

He played a key role in the creation of California's Regional Energy Networks, and development and implementation of the Bassett -Avocado Advanced Energy Community demonstration project. He has played a leadership role in advocating for state and local energy policies and program design and implementation strategies that result in su bstantial benefits for communities of concern. Craig holds an undergraduate degree from UC Berkeley, and Master’s Degrees from UCLA and CSU, Dominguez Hills.

Laurel Rothchild, Vice President, Laurel oversees The Energy Coalition’s diverse portfolio of programs and collaborates with stakeholders across the state to advance the organization's mission of empowering communities to leap into the future of clean energy. She has over 18 years of exp erience working with local governments and 276
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communities to promote sustainable energy actions through various programs. As a proponent of local and community-based programs, Laurel has worked closely with Regional Energy Networks and Community Choice Aggregators to secure funding, design programs, and expand impactful services. Laurel is a current member of the California Energy Efficiency Coordinating Committee (CAEECC), a Board Member of the Association of Women Water Energy and the Environment (AWWEE), a Certified Energy Auditor (CEA), and a LEED AP O+M. She holds a B.S. in Business Economics from UCSB.

1.6.5 Best Best & Krieger Staff Biographies
Ryan Baron, Ryan offers strategic counsel to clients throughout California and the U.S. on utilities regulation, administrative law, environmental law and public agency governance matters. His practice spans regulatory, transactional and business issues in the areas o f energy, gas, water quality, air quality, wastewater, solid waste and climate change. He also has extensive experience with project development, entitlement and permitting matters, particularly with respect to large-scale infrastructure. Ryan represents clients on utility matters before a number of federal and state agencies as well as on utility transactional, business and governance matters. He represents a number of California community choice aggregators, commonly known as CCAs, and communi ties exploring CCA on all aspects of formation. This includes governance, implementation, regulatory and procurement matters. Ryan advises clients on forming electric municipal owned utilities and acquiring utility assets, including recent efforts in Colorado. He negotiates regularly with utility companies and advises on utility rules and tariffs.

Ryan’s previous experience includes advising on telecommunications regulations and projects.

Ryan advises community choice aggregators on feasibility, formation and implementation, including creation of enterprise funds and joint powers agencies, consultant contracts, energy and resource adequacy procurement, and CPUC and CEC regulation. Clients i nclude Western Community Energy, Desert Community Energy, Clean Power Alliance, San Jose Clean Energy, San Jacinto Power, the County of San Diego and various cities and counties exploring CCA or joining an existing CCA. He also represents clients in CPUC p roceedings such as CCA exit fees, resource adequacy, de-energization and wildfire cost recovery, utility undergrounding, Aliso Canyon investigation, PG&E and SDG&E investigations, IOU rate cases and other matters. Clients include CCAs, County of Los Angele s, water districts and private companies.

Prior to government service, Ryan practiced in Washington, D.C. with Kellogg, Huber Hansen, Todd Evans & Figel, PLLC working on behalf of Fortune 100 companies on regulatory litigation and federal enforcement actions. During law school, Ryan was a law clerk and junior lobbyist for the global government relations office of an international telecommunications company and was a legal intern in the International Bureau of the Federal Communications Commission and for FCC Commissioner Gloria Tristani. Ryan received his law degree from The Catholic University of America, Columbus School of Law in Washington, D.C. Ryan lived in the Commonwealth of Virginia for five years and he is very familiar with its communities.

1.6.6 AA dvantage Communications Staff Biographies
John Valdivia, John was elected Mayor by San Bernardino residents on November 6, 2018 --defeating an incumbent-- and installed on December 19, 2018 as the City’s 29th Mayor. Mr. Valdivia was originally elected to represent the City’s third ward with nearly 70% of the total vote in November 2011. As a City Councilman, Mayor Valdivia committed himself to neighborhood values, volunteering, and promoting civic pride for San Bernardino with a careful eye for watching the city's finances, and was instrumental in w elcoming a renaissance to the Hospitality Lane business corridor and key in attracting major retailers to the Inland Center Mall. Mayor Valdivia grew up in San Bernardino, attending City schools from K-12, and has been a proud resident since returning from college in the mid-west.

Now in private practice consulting, John Valdivia commits to dedicating the resources and personnel necessary to tackle crime and to support the businesses of the Inland Empire. He will continue to exercise good neighbor values 277
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and continue to consider the impact of policy on the local taxpayer and business with the goal of enhancing the quality of life for families.

1.7 TURNKEY TEAM MANAGEMENT
GDS will be the prime contractor with the CCA and the Turnkey Team Partners will be subcontractors to GDS under any contract awarded for the pursuit of developing a CCA.

GDS will enter into a written agreement with the City to provide services as set forth in the Proposal and, in turn, GDS will enter into a separate written agreement with the Turnkey Team Partners to provide those services set aside for each teaming partner as described in the Proposal. Each Turnkey Team Partner will be responsible for payment to their own employees and subcontractors.

Once the City has identified and expresses interest in the CCA turnkey services, GDS will furnish each Turnkey Team Partner with a final scope of services. Each Turnkey Team Partner’s role as a subcontractor, including participation in the management of work performed under the client contract, will be defined in the final contract proposed to the City.

Each of the Turnkey Team Partners is an independent contractor of the other and neither Partner is, nor will be considered to be, nor will purport to act as, a representative of the other.

Other services typically necessary in implementing and operating a CCA will be discussed with the City and, if desired by the City, GDS will bring similarly experienced firms on board. As prime contractor, due to the availability of resources within GDS, and given the local availability of resources , GDS will assume responsibility for CCA implementation and operation administrative functions including: providing any necessary City staff updates, governing board updates (and preparation of all materials and presentation packages); supporting any financial reporting (audited and unaudited), managing any governing board documents and operating obligations, managing Turnkey Team service provider contracts, and meeting all City or governing board requirements.

1.8 FINANCIAL CAPABILITY
GDS Associates, Inc. (“GDS”)
Since its inception in January of 1986, GDS has grown from a small regional engineering and consulting firm based in Marietta, Georgia to large national firm with additional regional offices in Austin, Texas, Auburn, Alabama, Augusta, Maine, Redmond, Washi ngton, Madison, Wisconsin, Bedford, New Hampshire, Orlando, Florida and Folsom, CA.

GDS Associates, Inc. (“GDS”) currently has clients in 48 states and Canada and has seen revenue grow from $22.9 million in 2007 to $49.1 million in 2023. Over that same period the number of employees has increased from 118 to 192. Our consultants are recognized leaders in their respec tive fields, dedicated to their clients, innovative in their approach to meeting unique challenges, and known for consistently being available when needed.

Confidential financial statements will be provided upon request upon acceptance of our proposal. Listed below in Table 1-5, is a summary of GDS’ historical financial information including total annual revenues for the past eight.

TAB LE 1-5. G DS ASSOCIATE S ’ HISTORIC AL FIN ANCIAL INFORM ATION Year Total Annual Revenues
2016 $38,660,421
2017 $45,173,015
2018 $42,237,197
2019 $40,369,139
2020 $44,658,292
2021 $47,321,979
2022 $48,320,399
2023 $49,078,522
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1.8.1 Tenaska
Tenaska Energy, Inc. and Tenaska Energy Holdings, LLC, collectively referred to as “Tenaska” is one of the largest private, independent energy companies in the United States. Founded in 1987, Tenaska has grown from a small power plant developer to a leader in power generation and energy marketin g. Tenaska has expertise in energy management, electric power & natural gas marketing, development and acquisition of energy assets, and operation of generation facilities.

Tenaska began operating in California in 2012 and is currently providing Scheduling Coordinator, Energy Management, Optimization and Settlement Services for many customers within the CAISO and WECC footprints.

Tenaska currently provides these services to a number of California CCAs including Clean Power Alliance of Southern California (“CPA”), San Diego Community Power (“SDCP”), Central Coast Community Energy (“3CE”) and Silicon Valley Clean Energy ( “SVCE”). In 2015, T enaska executed an agreement to provide Energy Management and Scheduling Coordinator Services for a generator in CAISO owned by a company that owns multiple generators across the country. As a testament to Tenaska’s excellent customer service, after less than a month of serving the generator, the owner elected to hire T enaska to serve eight of its other generators in California, as well as an additional six generators outside of California.

Because Tenaska is a privately held company, it is not rated by the ratings agencies. However, it has considerable financial strength and size. In 2022, Tenaska ranked among the top 40 largest privately held U.S. companies on Forbes magazine annual list with total assets valued at $7.4 billion. Also in 2022, Tenaska earned revenues of $25.1 billion and its total balance sheet equity was valued at $2.7 billion.

Tenaska’s parent entities, Tenaska Energy, Inc. (“TEI”) and Tenaska Energy Holdings (“TEH”) provide credit support for Tenaska’s obligations to its customers. Audited financial statements of such entities can be provided upon execution of a Confidentiality Agreement governing the nondisclosure of such financial information contained therein.

One of the hallmarks of Tenaska’s financial approach over the past 35 years has been its ability to initiate new investments from a firm financial foundation. Tenaska maintains financial stability and deep energy expertise to assess risks and opportunities and make the kind of decisions that will continue to enable long-term strength.

1.8.2 Calpine
Calpine Energy Solutions is a subsidiary of Calpine Corporation which was acquired in early 2018 for $5.6 billion by a consortium of investors led by private equity firm Energy Capital Partners. As a privately held company, Calpine does not disclose its financial data, however Calpine maintains a credit rating of Ba3 with Moody’s and B+ with S&P. Calpine Energy Solutions is a stable company with the financial strength and proven history to weather uncertainty. Disclosures filed by Calpine Corporation with t he U.S. Securities and Exchange Commission may be found HERE.

1.8.3 The Energy Coalition
TEC has provided 3 years of audited financials and can be found in Appendix C.

1.8.4 Best Best & Krieger
BBK is currently employed for provision of City Attorney services by the City of Fontana. BBK has contracted with GDS to participate as CCA regulatory counsel for Turnkey CCA clients and refers the City to their existing contract for provision of the financial health of BBK.

1.8.5 AAdvantage Communications
Financial documents are not available at the time of submittal of this proposal. 279
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2 Additional Proposal Content

2.1 NARRATIVE
In narrative format, below describes the steps and activities our Team will perform to complete the scope of work requested.

2.1.1 Feasibility Study, Business/Implementation Plan ( GDS ) The CCA Feasibility Study is the most critical component in helping a City understand, evaluate and decide if operating a CCA is viable. Most, but not all, CCAs have started with a Feasibility Study. We believe that City executives and electeds need investigative due diligence on CCA to justify to their constituents why CCA is being examined and why they may move forward with implementing a CCA. Given that, we provide much detail on the steps that go into developing a CCA Feasibility Study and we illustrate the comprehensiveness and conservativeness that go into CCA feasibility assumptions, costs, revenues, options for operating a CCA, risks and risk mitigation, sensitivity ranges of risk factors and their impact on bottom line financial viability which comes down to: “can a CCA provide equivalent (or lower) rates than SCE and cover all operations costs with revenues?” The components of the CCA Feasibility Study and a description of our approach are below. GDS will be the lead Team member on the Feasibility Study.

2.1.1.1 Load Analysis and Forecast
GDS will request SCE energy consumption data from the City or directly from SCE. SCE provides documents which must be signed by a city’s mayor and city staff to receive the data and hold it under a non-disclosure agreement.

GDS may then receive the data from the city – or GDS can acquire it directly from SCE with the city’s approval.

GDS will then review, format, and import load data into an analytical framework and prepare summary level data for residential, commercial, industrial, agricultural, and municipal account. GDS will prepare a 10-year load forecast in consideration of this data, using applicable load profiles made available by SCE.

GDS will then prepare an electricity load forecast that references historical information and projects future electricity usage and peak demand across all customer classes, taking into account growth in renewable generation capacity (e.g. rooftop solar) and other appropriate factors, such as compensation for transmission and distribution electric line losses. This task will also entail the development of class-specific forecasts which will be aggregated to comprise a composite of expected electrical energy requirements (and daily shape) for the entire city, accounting for seasonal and hourly variations. This aggregated forecast will be developed in a manner that will allow for the inclusion or ex clusion of current direct access electrical accounts (i.e., those accounts being provided electricity by a third party, as identified in customer data provided by the utility, against the event that such accounts elect to become CCA customers.

GDS will then estimate the number of megawatt-hours that will be required annually and each hour of the year to serve electricity service supply obligations of the CCA during the first ten years of its operations and estimate the city’s peak demand service responsibility for each year for purposes of quantifying pertinent resource adequacy requirements (“RAR”). RAR is a regulatory mandated requirement for utilities and CCAs to purchase the ability to deliver power at 117% of the projected maximum load of the territory for electric grid reliability support.

GDS will then analyze renewable energy requirements to achieve compliance with California’s Renewables Portfolio Standard as well as other pertinent information that may be required to develop supplier bid specifications and promote successful CCA implementation. GDS will consult with the City on if the City wishes to have the analysis project financial viability at varying levels of providing mandated renewable energy requirements, including potentially providing 100% renewable energy to constituents. 280
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Based on these renewable energy provision scenarios, GDS will examine the projected greenhouse reductions (through the use of varying levels of renewable/clean energy), and the projected financial impacts of varying levels of renewable energy integration.

2.1.1.2 Rate Analysis
GDS will prepare both CCA and SCE rate analysis based on reasonable estimates of future SCE rate increases/fluctuations and rate structure changes based on active rate-setting proposals and proceedings ongoing at the CPUC (required of SCE, but not of CCAs) and historical prices, trends and factors. GDS will also examine other factors that may affect future increases (e.g. local generation construction, power spot market pricing, increasing state renewable energy mandates and declining cost of renewables, etc.). GDS will address any factor that may significantly affect future rates, including ancillary services, transmission congestion impacts, and transmission scheduling and coordination costs.

GDS will present rate scenarios based on high, medium and low estimates of future SCE pricing for all rate classes.

It will include rate structure information in a format similar to existing SCE rates thus ensuring a greater ability for rate comparison between SCE and the CCA.

Other rate considerations will be addressed in this technical analysis including:
 Identification and evaluation of factors that may affect comparative rates, e.g., combinations of the following: high and low natural gas price escalation, trends and variations in hydroelectric power generation, expected rate restructuring, and active state policy proposals affecting local electricity usage, substitution and supply);
 SCE costs and surcharges embedded in rate forecasts that directly affect costs of CCA -provided generation services;
 Forecasted rates for all customers assuming there is no CCA and/or for customers that opt out of CCA service; and
 Based on IOU rate forecasts and other independent rate forecasts and estimates of non -generation costs, compile completed electric generation service cost estimates for projected CCA customers.

2.1.1.3 Energy Procurement
As part of developing a cost estimate for purchasing power for a CCA, GDS will model three scenarios for the energy procurement requirements of the CCA. The scenarios will examine the likely range of rates for SCE to determine the competitiveness of CCA rates against SCE. The scenarios will reflect historic, current, and future market conditions. Each scenario will also estimate GHG impacts compared to SCE’s power supply composition.

GDS’ analysis will consider variations in how both the renewable and non-renewable portions of the power mix can be obtained (e.g., in -state, in-city, in- county, out-of-state, unbundled vs. bundled renewable energy credits (“REC”), technology opportunities, and net surplus energy generation opportunities), and non -renewable portfolio attributes (e.g., system purchases, natural gas, hydro-electric).

Working with the City, GDS can provide current and forecasted market information based on the following clean power supply scenarios. The analysis of each scenario will be designed to incorporate and specify the following variables: the use of renewable energy credits (paper certificates reflecting ownership of renewable power), the integration of local distributed resources for all of part of the supply portfolio, and the inclusion of preferred technologies, including solar PV, microgrids, storage and wind. These scenarios are provided as examples, the City may determine the scenarios to be analyzed:
 OPTION 1: Baseline California (“CA”) qualified renewable content. The goal of CCA service will be to exceed California’s Renewable Portfolio Standard (“RPS”) during the CCA’s first year of operation. So, the Option 1 281
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scenario should examine a supply scenario that meets or exceeds the RPS minimum at the time of CCA service commencement.
 OPTION 2: RPS compliant share of CA qualified renewable energy (does not exceed).  OPTION 3: (If desired}, h igh scenario of 100% CA qualified renewable energy that would be offered on a premium, voluntary basis, with a substantial and increasing portion of that coming from local renewable resources in the County and general region as the program develops over time.

2.1.1.4 Sensitivity Analysis
GDS will then perform sensitivity analysis to examine the impact on CCA rates compared to SCE rates of a range of pricing factors. Forecasting models used in the technical analysis should be able to accommodate and will be used to conduct sensitivity analyses reflecting changes in the following variables:
 Market prices for non-renewable electricity;
 Market prices for renewable electricity from the current state-wide portfolio;  Market prices for renewable electricity from new projects;  Changes in IOU generation rates, exit fees and customer surcharges;  Changes in policies affecting renewable electricity capacity development, including: 1) the possible reduction or elimination of the federal solar tax credit and production tax credit for wind power, and 2) proposed legislation adjusting state goals for renewable energy supply, building energy efficiency and transportation energy use;
 CCA renewable energy portfolio targets that exceed state RPS requirements;  Local renewable generation, energy efficiency and demand reduction programs (including opportunities that may exist within the next five years due to major PG&E contracts expiring);  Potential customer opt-out rates with multi-tiered renewable energy mix based on industry standards;  Potential customer opt-out rates associated with base levels of renewable energy mix offered at minimum RPS, Minimum RPS + 10%, and 100% (if desired); and
 Extent rates may change depending on varying levels of customer participation (i.e. customer opt-out rates), e.g., if 75% of the eligible load joins a CCA, if 50%, 100%, etc., would rates and resources availability materially change? The modeling will identify a minimum level of participation necessary to meet goal of rate parity.

2.1.1.5 Comparative Analysis and Implementation Models The City will have options for operating alone or operating with other cities within a CCA. That is, the City may operate its own CCA or the City may join with another city (or more) and create a Joint Powers Authority which would then operate the CCA. In either case, under this Turnkey Team proposal, the Turnkey Team would provide all services to operate the CCA in either case. GDS will provide a comparative analysis of alternative implementation/governance models and service options for setting up and operating a City CCA.

GDS will prepare a comparison table for the alternative implementation models listed above including the following items:
 Contracting terms for each of the entities/model types, including length of contract and costs of exit.  Flexibility and control the City would have in selecting its preferred energy sources, developing local energy resources, adjusting its rate structure and supply mix, utilizing public purpose funds (“PPF”) for County programs, and other objectives related to the County’s goals.  Start-up costs incurred by County and potential public agency partners.  Governance, management and staffing requirements for City and potential public agency partners.  Ability to accumulate reserve funds and assess their potential uses.  Time required to form the CCA and begin serving customers. 282
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 Level of discretion over program revenues.
 Credit capacity and management expertise of the CCA under the various options.

2.1.1.6 Feasibility Study, Business/Implementation Plan ( GDS) Developing financial pro-forma is critical to assessing the viability of operating a CCA and forms the foundation for evaluating the overall cost/benefit potential of a CCA. Costs will include upfront program development and implementation costs as well as other ratepayer costs owed to SCE under CCA regulations.

As part of this proposal, GDS will estimate the Turnkey Team portion of the CCA operating costs based on our experience developing these feasibility studies for other clients and based on receiving refreshed service pricing information from the Turnkey Team Partners. These costs, in addition to other non-power supply administrative and Turnkey service provider costs, and the costs to procure power are the sum total of operating costs for a CCA.

As GDS will forecast rates for the CCA, the financial viabil ity of the CCA relies on revenues from rates being able to cover all forecasted CCA operating costs.

This comprehensive analysis will include:
 A base case financial pro forma, including income, balance sheet and cash flow analysis, detailing costs and projected benefits under the three electric supply scenarios outlined earlier.  An analysis detailing costs and projected benefits under sensitivity case assumptions.  Identification of known and predictable cost -of-service variables and incorporate these into base -case analyses. Predictable cost-of- service variables include:
 Energy Costs - Variable inputs for resource portfolio mixes to account for forecasted spot market prices, long and short-term information from power supply contracts, and varying degrees of renewable energy supply.  CCA Start-up costs including Turnkey Team consultant costs, regulatory costs, fees owed to SCE  Cost of capital including acquisition of a loan for Start-up costs, if necessary, and establishing a working capital and line of credit banking account to cover CCA operations  CCA Operations and Maintenance costs including administrative and general expenses, staffing (if desired), external services not included in the Turnkey Team offering (in -house counsel, accounting/audit, city/CCA governing board development, additional and specific community outreach desires.  An estimate of the amount of revenues lost from non-payment accounts.  The amount of financial reserves desired by the City/CCA  Regulated fees including bonding for potential customer re-entry to SCE service if the CCA ceases service, cost recovery fees for SCE determined from power contracts SCE holds for City customers  Potential for growth of customer self-generation from rooftop solar and battery installation.  Potential growth of energy efficiency adoption in the City.

2.1.1.7 Risk Analysis
GDS will describe and analyze the potential risks to the program, and outline risk-mitigation measures. Such risks include, but are not limited to:
 Risks that could cause a CCA to “fail” and the financial risks to the City in the event of such failure.  The financial risk to a CCA that procures too much or too little electricity and what the reasons might be for demand forecast inaccuracy (e.g. higher than expected customer opt-out rate).  Regulatory and legislative risk, due to rules changes at the California Public Utilities Commission ( “CPUC”) or changes in state law that affect the ability of CCAs to be competitive.  The ability for the CCA to procure the necessary amounts of renewable energy in order to meet RPS standards, particularly if the RPS rises to 50% by 2030 and the demand for renewable energy spikes. Evaluate concerns that there may not be enough renewable e nergy supply with a number of new CCAs potentially coming into the market.
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 Market volatility and price risk.
 Risk management mitigation measures and an assessment of City liability exposure.

DELIVERABLES: GDS will perform and deliver the following under the task for developing the CCA feasibility study and business plan:
 Prepare and present to City staff and others directed by the City a more detailed, overall timeline, in Gantt format, outlining the steps necessary to implement the CCA including milestones, assignments and anticipated dates to accomplish each major milestone.
 A First Draft of the Feasibility Report for approval by the City. The Draft Feasibility Report will detail the results of the technical analysis, including recommendations for CCA organization and implementation and an assessment of the overall cost-benefit potential to support a threshold decision to move forward with CCA. Costs will include upfront program development and implementation costs as well as net rate- payer costs over the forecast period. Quantifiable benefits will include net GHG reductions, expanded use of renewable energy resources, local economic development and reduced exposure to volatile fossil fuel costs.
 Meetings with the City (staff and electeds) to review comments, prepare a final draft of the Feasibility Report for publication to a diverse audience.
 Presentation materials regarding the feasibility report to the City and City stakeholders.

2.1.2 Post -Feasibility Report Activities , CCA Creation and Operation After issuance of the final Feasibility Report, the entire Turnkey Team will be available to meet with City staff and electeds as requested to respond to questions and input any revisions as necessary. The goal of this support is to have the Study presented by staff to City electeds for presentation, review and ultimately, approval by the City.

It will be up to the City if the Study results are to be presented to City stakeholders and the community. The GDS Team will support any of these meetings for the purpose of receiving stakeholder and community input. The City will then be faced with a decision as to whether to proceed with moving forward with investigating CCA formation.

The Turnkey Team will be available to respond to questions, concerns, and propose next steps. If the City decides to proceed with CCA formation, the following steps will be taken.

2.1.2.1 Public Presentations
The Turnkey Team will provide presentations to City electeds, executives and other staff as desired by the City. If requested, The Turnkey Team may also provide community workshops for the benefit of constituents and other stakeholders (e.g., Chamber of Commerce, higher education, labor organizations, environmental organizations, etc.).

As described in the RFP, other cities may join in the development of the Feasibility Study and/or operation of the CCA. Our Turnkey Team will also offer public presentations to other interested cities electeds, executives, staff and community stakeholders.

2.1.2.2 Governance , CCA Legal Creation
The Feasibility Study will address governance options (single city CCA, multiple city JPA, individual cities’ CCAs using a Turnkey Team of service providers, joining an existing CCA) but typically staff and electeds will want to vet these options in more detail.

If multiple cities desire to form a single CCA, formation of a Joint Powers Authority to govern the CCA is likely. Our Turnkey Team has access to JPA governing documents used by other CCA JPAs which include Memorandums of Understanding and Operating Rules and Guidelines. We can work with the City and other cities in forming the JPA.

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Under certain circumstances, a city may wish to form a city -governed CCA. Our Turnkey Team has also assisted cities in creating such a CCA. A city may legally create a CCA through two city council actions: 1) introduce an ordinance indicating the desire to create a CCA, and 2) adopt the ordinance at a following meeting. Our Team has ordinance introduction language that has been used by other cities and we can be present at any council meetings to respond to questions and/or make presentations.

2.1.2.3 Financing
The Feasibility Study will address CCA Start -up and Operational financing needs and estimate amounts needed and options for acquiring them. The Turnkey Team will work with its CCA financing experts to obtain specific costs and terms for both financing needs. Selection of financing, especially start-up financing may be needed to proceed with creating the CCA , meeting regulatory requirements , and preparing for operations. Our Turnkey Team will also work with the City and other agencies to identify and seek other sources of funding to start-up the CCA. Later in the implementation process, t he Turnkey Team will procure the larger-scale operations financing through a banking Line of Credit to meet additional, initial implementation and operating costs and provide working capital during initial CCA operations. Our Turnkey Team has acquired short- and long-term financing for other CCAs in the State.

2.1.2.4 CPUC Registration, CCA Operations Timing
Once the City/cities have created a CCA through the steps described above, the Turnkey Team will create an Implementation Plan and file it with the CPUC. This legally required activity notifies the CPUC of the intent of the City to operate a CCA and it provides technical information about the City CCA most of which is taken from the Feasibility Study. Once the Implementation Plan has been filed and approved by the CPUC, one full calendar must pass before the CCA can begin operations. If the City CCA Impleme ntation Plan were filed and approved before the end of calendar y ear 2024, then the soonest the CCA could serve customers would be January 2026. If the Implementation Plan were filed and approved during 2025, then the soonest the CCA could serve customers would be January 2027. The CCA will also be required to submit a bond to cover expenses for returning customers to SCE if the CCA ceases operations.

This waiting period will not be a non -activity waiting period for the CCA . That time will be utilized to have the Turnkey Team members perform a number of CCA pre-operation tasks specific to their roles, including:
 Providing additional regulatory filings at the CPUC providing CCA historic load information and forecasted loads, sources for additional energy capacity to meet CA transmission grid reliability requirements;  Issuing solicitations seeking energy suppliers and ancillary services, develop ing of risk management plans, securing contracts for energy supply;
 Securing banking line of credit and finalizing the CCA operations plan using updated energy supply costs, retail rates, and non-energy supply related costs;
 Implementing procedures and protocols for communication with: SCE for customer billing and revenue transactions, the CA and western U.S. transmission grid operations system for dispatching purchased energy from sources to the CCA territory, CCA customers through website development and legally mandated customer notifications regarding CCA operations (i.e., customer opt-out notices and instructions).  Conducting CCA governance activities including board meetings, approval of certain CCA operating decisions (e.g., approving retail rates), and communications with other cities as potential JPA members.

The Turnkey CCA Team members' activities are described in more detail in the rest of this section and below.

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2.1.3 California Independent System Operator (CAISO) Scheduling and Dispatching Coordination and Related Energy Management Services (Schedule Coordinator – Tenaska)
The Turnkey Team Schedule Coordinator , Tenaska, will provide all necessary CAISO interface services for delivering power through the transmission and distribution grids – and ending up at the customer meters. This will all be done on behalf of the CCA as a legal energy service provider for the meters enrolled in the CCA service territory, and the submission of schedules, bids, and other required information for CCA’s market-supplied energy, renewable energy, and resource adequacy capacity in accordance with the obligations of a service provider as defined by the CAISO. Resource Adequacy ( “RA”) is a requirement for all energy providers (IOUs and CCAs) to secure the potential energy supply equal to 11 7% of the estimated CCA peak load at any point in time. RA is a service required by the State to assist in securing transmission grid reliability.

Scheduling and Dispatch services will include short-term forecasting of the CCA load (i.e., week-ahead, day-ahead, and hour-ahead), scheduling the load into the CAISO day -ahead market, validating CAISO statements for load settlements (i.e. truing up delive ries against actual consumption), minimizing and managing real -time energy supply/consumption imbalance exposure, as well as the initial set-up and ongoing management of the Congestion Revenue Rights (“CRR”) portfolio through the CRR allocation and potentially bidding into the various CRR auctions (all required by the CAISO).

2.1.3.1 Scheduling Coordinator and Related Energy Management Services Tenaska will be responsible for working with the City and the GDS Turnkey Team to develop long and short-term optimization strategies for optimizing power purchases based on market conditions, mitigating excessive power supplies or shortfalls, and avoiding peak power market price purchases. Tenaska will utilize information provided by their trading and market analysis groups as well as any customer-specific parameters to recommend optimization strategies. Upon determination of an optimization strategy for the City , the Tenaska will oversee execution of the strategy and monitor its performance. The Tenaska Energy Manager actively seeks opportunities to improve each customer’s economic performance through extracting maximum value from their assets and positions.

2.1.3.2 Trading/Commercial Desk
Tenaska provides a Real-Time Energy Management (RTEM) service that is responsible for the economic monitoring and optimization of the real-time dispatch of customer power generation facilities, controllable load, and storage resources across the United States. This is advantageous to the extent the City CCA includes local power generation sources and equipment within the City that may be controllable. The Real-Time Energy Management desk is staffed 24/7 by a team of experienced energy managers who seek oppo rtunities to capture additional revenue for customers using proprietary technology and sophisticated market analytics. RTEM interacts with the Energy Managers, Real -Time Traders, and System operators to understand current customer needs and seek creative solutions to maximize value for customers within pre-determined risk metrics.

Tenaska’s analytics group will provide meaningful information to Traders and Energy Managers so that they may recommend and execute optimization strategies for the City CCA. The analytics team has an array of trading tools at their disposal and subscribes to various real-time and daily market information sources. Tenaska has acquired several databases that provide historical data necessary for the analytics group to model market conditions, which aids Tenaska’s Energy Managers and Traders in making market decisions.

2.1.3.3 Operations
Tenaska will utilize its dedicated 24/7 Operations Desk with a rotating staff of qualified system operators, each of whom holds N ational Energy Regulatory Commission Operator Certification. This desk performs the following functions for Tenaska customers:
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 Manages updates and adjustments to customers’ energy bids and offers, schedules, and two-party trade transactions.
 Continually monitors, dispatches, and communicates operational requirements to each customer.  Maintains updated generator outage schedules for licensed power supply plants throughout the region.

2.1.3.4 Disaster Recovery Site
Tenaska maintains a 24-hour, seven-day-per-week back-up scheduling and operating center or Disaster Recovery Site (DR Site). In the event of a loss of the primary computer systems or facilities, the DR Site is staffed and all systems are failed over so that opera tions activities can be performed. All systems at the T enaska DR Site run concurrently and continuously, identically to and in coordination with the systems at the Tenaska primary site.

2.1.3.5 Settlements and Disputes
Tenaska performs review and confirmation for all settlement statements with energy providers and energy sources to validate invoices and ensure their accuracy. T enaska compares their generated Settlement Report to their own Predictive Settlement Statement to identify discrepancies, and then runs a report to identify settlement charges and payments. The settlements group also files disputes and manages the dispute resolution process es with counterparties in order to resolve any billing discrepancies.

2.1.3.6 Risk Management
The T enaska Risk Management team uses a mixture of parametric/closed -form models and Monte Carlo simulation tools to offer a comprehensive suite of risk analytics around market pricing , City CCA optimization strategies, profits/earnings, and future risk exposures, among other factors. The Risk Management team can also perform bespoke what-if hedge and scenario analyses to trial hedging strategies before implementing them. The Risk Management team works closely with the front office and Market Analysis group s to ensure that risk management goals are being met effectively.

2.1.4 Power Supply Portfolio Management and Power Procurement Portfolio Management (Power Supply Manager – GDS)
The Turnkey Team Power Supply Manager, GDS, will provide load forecasting services, energy consumption portfolio modeling, and will ensure the City’s CCA power supply meets California mandates for renewable energy, storage, long-term contracts, and resource adequacy. The portfolio manager will also manage regulatory filings related to load forecasting, resource adequacy, power procurement, and greenhouse gas (GHG) emissions.

The Power Supply Manager will help develop and participate in a risk management process, as well as produce, maintain, and publish reports tracking City CCA compliance with portfolio exposure, market risk and credit limits.

GDS will identify and present risk -mitigation strategies to City’s CCA risk management team and leadership.

Particular attention will be paid to proposed approaches to manage the risk to rate competitiveness and how to incorporate those approaches within City’s CCA procurement strategies. GDS will also draft, implement and comply with appropriate Energy Risk Managem ent Policies , as authored under the statewide CCA trade association best practices guide, and will assist City CCA management and staff in presenting various reports and results to the City CCA governing body.

GDS will prepare and issue power supply RFPs and negotiate power contracts on the City CCA’s behalf, and/or assist the City CCA in procuring all requisite energy products ( resource adequacy, capacity, renewable and GHG free products) to meet City’s CCA power supply portfolio requirements while fully complying with applicable regulatory and legislative mandates, CAISO rules and practices, and City CCA Program goals and objectives, including i ts enterprise risk management policy. Activities will include issui ng RFPs for multi -year off -take agreements, reviewing and evaluating bids, and negotiating bilateral power-purchase agreements with third-party power providers.
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The City CCA will need a significant amount of new renewable resources and is required to purchase at least 65% of its RPS requirement from long -term contracts of 10 years or more. GDS will define its approach to acquiring renewable resources that meet California mandates as well as acquiring new renewable projects within the City CCA region.

2.1.5 Bill Data Management and Customer Call Center Services, Electronic Data Exchange Services (Bill Data Manager – Calpine)

2.1.5.1 Data Management
Calpine will receive and process CCA service requests (CCASRs) from SCE as customers opt out (or back into) the City’s CCA customer program. Accounts’ status such as a rate class change or opening/closing of an account with the CCA will be tracked.

Calpine will obtain customer usage data from SCE’s customer server, including hourly interval usage data at billing level quality. Calpine will also communicate and store the amount to be billed by SCE for the energy provided by the City CCA. Calpine will also receive and store payment transactions from SCE after customer payments are received by the SCE from City CCA customers.

2.1.5.2 Reporting
Calpine will develop a web -based rate comparison tool for all comparable City CCA and SCE rates. Calpine will submit a monthly generation extract file to the Western Renewable Energy Generation Information System (WREGIS) on City CCA’s behalf, another regulatory energy supplier reporting mandate.

Calpine will generate, at a minimum, these reports for CCA Turnkey Team and City use:
 Daily and monthly report of billing information (e.g., usage, amount, customer information, etc.) and payment transactions received.
 Weekly report of delinquent accounts, exceptions (e.g., usage delayed, usage received but unbilled, usage gaps, etc.), and accounts added and dropped.
 A monthly report of billing errors, billing timeliness, customer call center inquiries received, average time required to respond to the inquiry, and percentage of issues resolved.

Other reports may be proposed by the Turnkey CCA Team or the City CCA.

2.1.5.3 Customer Information System
Calpine will establish an operational customer relationship management system within 30 days of contract execution, and establish an operational customer information system within 60 days of contract execution. This will allow the Turnkey Team or the City CCA:
 To have functional access to the online database to add customer interactions and other account notes  To view customer email or written letter correspondence within the online database  View IOU bills for City CCA customers
Calpine will:
 Maintain a customer database of all City CCA customers and identify each customer's enrollment status, rate tariff election, payment history, collection status, on -site generating capacity, if applicable, and any correspondence with the customer.
 Maintain and provide as-needed, historical usage data on all CCA customers for up to five years and maintain accessible archives of billing records from the start of the CCA service or a period of not less than five years.  Maintain and communicate a record of customers who have been offered service with City CCA but have elected to opt out, either before or after starting service with City CCA. Calpine will maintain and communicate 288
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records of net energy metering credits and generation data for customers with self-generation (i.e., solar) to be posted on bills and settled at least annually (as SCE does for solar customers).  Store historical, SCE SmartMeter usage data, as available from SCE, for a 2-year window, and when requested by the City CCA, place SmartMeter program charges on the relevant customer account.  Identify customers participating in various OCPA programs in database and include various program payment information in all relevant reports, and perform quarterly OCPA program reviews to assess appropriate customer charge level.
 Maintain all customer data according to City’s CCA customer privacy policy (to be developed by Calpine if needed) and the requirements of relevant California Public Utilities Commission Decisions including D.12-08- 045, including a daily backup process.
 Develop and maintain a data management provider security breach policy.

2.1.5.4 Customer Call Center
Calpine will provide professional multilingual Interactive Voice Response (IVR) recordings for CCA customer call center and provide an option for IVR self -service and track how many customers start and complete self -service options without live-agent assistance.

Calpine will staff a call center, during City CCA statutory customer enrollment periods: 7 a.m. to 7 p.m. a day, 7 days a week, in to process opt out requests. Calpine will also staff a call center during Non -Enrollment Periods between the hours of 8 AM an d 5 PM PPT Monday through Friday, excluding City and SCE holidays. Calpine will provide sufficient call center staffing to meet the requirements set forth below, including designating City CCA specific agents to the extent needed to provide for full functionality and a call center supervisor that will serve as the main point of contact between City CCA and the customer call center staff.

Calpine will provide a sufficient number of data manager experts available to manage escalated calls between the hours of 8 AM and 5 PM PPT Monday through Friday, excluding City CCA and IOU holidays (“Regular Business Hours”).

Calpine will ensure the Call Center adheres to performance standards during non -enrollment and enrollment periods addressing:
 A minimum number of calls answered within certain time periods  100% of voicemail messages answered within one (1) business day  100% of emails receive an immediate automated acknowledgement  % of emails receiving a customized response within certain number of days  Minimum abandon rate for all calls
Calpine will ensure the Call Center will accomplish the following:
 Provide callers with the estimated hold time, if applicable  Provide an automated ‘call back’ option for callers who will be put on hold for an estimated five minutes or longer
 Record all inbound calls and make recordings available to Turnkey Team and City CCA staff upon request  Maintain an archive of such recorded calls for a minimum period of 24 months  Track call center contact quality with established set of criteria The Customer Call Center will also ensure the following are accomplished regarding customer service:
 Evaluate customer satisfaction through voluntary customer surveys that ask general questions about call quality, call resolution, and how satisfied the customer was with the service received. 289
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 Respond to customer inquiries received through email, fax, or web-portal. Receive calls from CCA customers referred to provider by the IOU and receive calls from CCA customers choosing to contact provider directly without referral from SCE.
 Provide the call center number on SCE invoices allowing City CCA customers to contact the call center.  Collect and/or confirm current email, mailing address and phone number of customers and add to or update database during inbound call.
 Respond to telephone inquiries from CCA customers using a script developed and updated quarterly by the City CCA. For questions not addressed within the script, refer inquiries either back to SCE or to the City CCA.  Respond to customer inquiries within 24 hours, excluding weekends and holidays, including inquiries received either through telephone calls, email, fax or web-portal.

The Customer Call Center will also ensure the following regarding Call Center management and administration:
 Provide monthly reports that demonstrate whether performance standards have been met.  Participate in coordination meetings, at CCA and Turnkey Team request, to promote the resolution of any customer service issues. Such meetings may include CCA management/ staff and may require on -site participation by Turnkey Team’s management/staff.
 Ensure monthly status reports are provided during the first week of each month.  Use commercially reasonable efforts to make Spanish speaking call center staff available to customers during regular business hours and provide translation services for inbound calls for other languages requested by the City CCA.
 Host CCA and Turnkey Team meetings with call center management and representatives on a bimonthly basis.

2.1.5.5 Billing Administration
Calpine will review the application of City CCA rates to SCE accounts to ensure that the proper City CCA rates are applied to the appropriate SCE accounts.

Related to managing City CCA customer billings, Calpine will maintain a table of City CCA rate schedules and calculate customer bills by applying customer account usage provided by the SCE against the City CCA rates. In doing so, Calpine will:
 Maintain a table of City CCA rate schedules and calculate bills.  Apply IOU account usage against applicable OCPA rates.  Send certain OCPA program charges as a separate line item to IOU for placement on monthly bill during term of repayment.
 Apply IOU account hourly interval usage data for all OCPA customers against applicable rate to allow for customer billing.
 Review application of OCPA rates to IOU accounts to ensure that the proper rates are applied to the accounts.  Send certain OCPA program charges for non-OCPA customers, when supported by IOU, based on information provided to provider by OCPA
 Provide timely billing information to SCE to meet their billing window period, check preliminary bills going to SCE for reasonableness before the bills are sent out, and remedy billing errors in a timely manner, within no more than one SCE billing cycle.
 Assist with the settlement process for net energy metering customers on at least an annual basis and potentially monthly by identifying eligible customers, providing accrued charges and credits, and providing mailing list to the Turnkey Team designated printer for customer notifications.  Provide a customer mailing list to the Turnkey Team designated printer for new move -in customer notices and opt out confirmation letters routinely within 7 days of enrollment or opt out.  Send a City CCA provided letter to customers that are overdue on payments and if no payment is received from the customer after a certain amount of time, issue documentation to return customer to SCE. 290
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2.1.6 Customer Programs, Customer Outreach (The Energy Coalition – TEC) The Turnkey Team Customer Program Manager and Customer Outreach Manager, TEC, will design and implement and maintain a CCA website which will provide regulatory required information: rate comparisons between City CCA and SCE, customer opt out and opt back in information, and regulatory reporting documents to the CPUC.

The website will include a process for customers to opt out. Other information to be included on the CCA website, at a minimum, will include: description of CCA, the City CCA’s governing body, the CCA service territory, regulatory and other documents describing the CCA, customer information related to SCE rates – especially for low income and rebates and incentives, information about customer programs the CCA may be administering, and other stakeholders in the community supporting the CCA.

Once a City has legally declared and filed at the CPUC to operate a CCA, the State requires a minimum of four notifications to customers informing them of the creation of the CCA and providing them with instructions for opting out of CCA service. TEC will create those customer notifications and the customer information will be passed on to Calpine to exclude opt-out customers from the CCA customer base.

TEC will assist the City CCA in acquiring funds available to local governments, including CCAs, for the development of customer demand-side management programs. This will include, but not be limited to:
 CPUC Energy Efficiency Program funding for CCAs
 Inland Regional Energy Network Energy Efficiency funding for local governments  Participation in IOU customer programs (for which the City CCA customers are eligible)  Acquiring funds available to local governments from other CA regulatory agencies, including: CA Energy Commission, CA Governor’s Office Strategic Growth Council, CA Air Resources Board, Regional Air Quality Districts
Options for the City in investigating customer programs includes:
 Facilitating participation in the Inland Regional Energy Network administered by the San Bernardino Association of Governments under which the CPUC provides funding for groups of local governments  Creating a CCA energy efficiency program with the CPUC also provides funding for enhancing participation in SCE customer programs
 Investigating and accessing program grants made available for local governments from various state agencies (i.e., CA Energy Commission, CA Air Resources Board, CA Strategic Growth Council, Governor’s Office of Planning and Research, and others)
 Investigating and participating in programs administered by the CA Independent System Operator and SCE which encourage the development of local distributed energy resource projects in location -specific areas of the transmission and distribution grids described in more detail under Value Added Services

2.2 GANTT CHART
The Gantt Chart schedule shown in Figure 2 -1 depicts an optimistic, best -case scenario for a CCA to begin operations by January of 2026. The CPUC mandates a one -calendar year waiting period before a CCA can begin operations and after a CCA submits its registration and an Implementation Plan to the CPUC and receives approval.

So to operate in 2026, the City CCA must submit these documents by the end of calendar year 2024. At this point in time, it is possible for this to occur although this is a much quicker timeline than we are used to operating with.

We believe , for now , this is viable because the Turnkey Team approach does expedite the nor mal CCA implementation and start-up timeline.

Alternatively, and perhaps more likely, the implementation and start-up activities could take place beyond 2024 and into 2025 . T he necessary CPUC filings could occur before the end of calendar year 2025, and the CPUC mandatory calendar year waiting period would take place in 2026. The City CCA would then commence operations in 2027.
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FIGURE 2-1. PR OPOSE D PR OJEC T SC HE DULE
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2.3 COST OF SERVICES
The cost to operate the Turnkey CCA will depend on several factors such as the number of service accounts, expected loads, and policies not yet decided. However, Table 2-1 provides estimates for these costs based on best CCA practices and estimated load and customer data for the City. Based on the City’s population of 211,000, the CCA may have up to 90,730 service accounts. If these service accounts use energy in a similar way as other California cities, the annual retail sales are estimated at 700,000 MWh. Data from GDS’ (EES) previous Feasibility Study for the entire counties of San Bernardino and Riverside in 2017 indicates that Fontana had a load consumption of nearl y 1,0 00,000 MWh annually which indicates a higher concentration of commercial and industrial accounts (versus residential) than most California cities. Table 2-1 below provides a conceptual estimate of costs to start-up and operate a CCA for a city the size of Fontana based on GDS’ experience.

The 2017 Feasibility Study also indicated annual load consumption of nearly 1,500,000 MWh for the cities of Rancho Cucamonga and Grand Terrace combined. However, based on GDS’ current work in the region, we know additional cities are interested in possibly joining onto the Fontana Feasibility Study effort or the Fontana effort may be combined with an ongoing Feasibility Study initiated by the County of San Bernardino.

Regardless, the cost estimates provided in this section are primarily based on Fontana statistics. Also, these costs will be refined under the Feasibility Study using updated consumption and nu mber of service accounts to be provided by SCE. These values are provided to indicate rough estimates of overall start-up and operation costs for Fontana and to indicate where such costs are attributed. The final Feasibility Study will provide more refined costs based on updated numbers from SCE and updated costs from our Turnkey Team service providers. 293
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TAB LE 2 -1. E STIM ATE D NON -POWER OPER ATIN G C OSTS 2024 2025 2026 2027 2028 2029 2030 2031
CCA Phase: Feasibility
Post
Feasibility Start-Up Operation
Consulting Teams
Legal/Regulatory $0 $40,000 $120,000 $140,000 $144,200 $149,000 $153,000 $158,000 Marketing & Outreach $0 $50,000 $150,000 $154,500 $159,000 $164,000 $169,000 $174,000 Technical Consulting $65,000* $100,000 $200,000 $206,000 $212,000 $218,000 $225,000 $232,000 Financial Consulting $0 $0 $50,000 $51,500 $25,000 $26,000 $27,000 $28,000 Accounting Services $0 $0 $50,000 $51,500 $53,000 $55,000 $57,000 $59,000 IT $0 $0 $20,000 $40,000 $41,000 $42,000 $43,000 $44,000 Data Management $0 $0 $0 $1,380,000 $1,390,000 $1,400,000 $1,400,000 $1,410,000 Customer/Call Center Services $0 $0 $366,558 $200,000 $206,000 $212,000 $218,000 $225,000 Power Procurement/Portfolio Management $0 $0 $200,000 $600,000 $618,000 $637,000 $656,000 $676,000 Scheduling/Dispatch Coordinator $0 $0 $20,000 $360,000 $370,800 $382,000 $393,000 $405,000 Subtotal $65,000* $190,000 $1,176,558 $3,183,500 $3,219,000 $3,285,000 $3,341,000 $3,411,000 CCA Operations Staff
Executive Director $0 $50,000 $250,000 $257,500 $265,000 $273,000 $281,000 $289,000 Account Manager/Communications $0 $80,000 $160,000 $164,800 $170,000 $175,000 $180,000 $185,000 Finance Manager $0 $0 $40,000 $41,200 $42,000 $43,000 $44,000 $45,000 Administrative $10,000* $10,000 $20,000 $20,600 $21,000 $22,000 $23,000 $24,000 Subtotal $10,000* $140,000 $470,000 $484,100 $498,000 $513,000 $528,000 $543,000 Total Non-Power Operating Costs $75,000* $330,000 $1,646,558 $3,667,600 $3,717,000 $3,798,000 $3,869,000 $3,954,000 $/month/customer $0.07 $0.30 $1.50 $3.32 $3.10 $3.17 $3.22 $3.30 Service Accounts 90,730 91,184 91,640 92,098 92,558 93,021 93,486 93,954 $/MWh Retail Sales $0.11 $0.47 $2.34 $5.18 $5.22 $5.31 $5.38 $5.47 *These are typical Feasibility Study costs and are waived for Fontana under this proposal. The Feasibility Study will be done at no charge. 294
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Table 2-1 reflects the estimated cost of the Feasibility Study to be conducted in 2024 . Any costs incurred for the Feasibility Study will be waived regardless of the City ’s decision to mo ve forward with a CCA. Upon that determination, the Post Feasibility consulting costs in 2025 and the Start-up costs in 2026 would need to be financed. Just prior to Operation beginning in 2027 , a banking line of credit to support initial and ongoing CCA operations would need to be established. The Feasibility Study will address , in further detail, the need for Post Feasibility and Start-Up funding and potential sources.

Much, if not all, of the day-to-day CCA operation will be tasked to the consultant team. However, individuals will be needed to manage the team, organize Council Meetings, and facilitate Council decisions. Our proposal includes the cost for consultants to fill these roles (CCA Operations Staff). An individual CCA of similar size would typically hire 4 to 10 FTE with benefits. The costs below represent approximately 2 .25 FTE billed at consultant rates. The initial staffing could be adjusted after the program is up and running at the direction of the City Council.

Table 2-2 below lists the Turnkey Team roles and the Firm, or Team Member. These categories correlate with the budget Table 2-1 above. A brief description of the derivation of the costs for each category is described further below in this section.

TAB L E 2 -2. C C A STAFFIN G AN D FUN CTION S
Firm Example Tasks
Consultant Team
Legal/Regulatory BBK CPUC Filings, Reports on Potential Legislation or Regulatory Items Advertising &
Communications
AAdvantage/TEC Notices, Website, Community Outreach
Technical Consulting GDS Feasibility, Implementation Plan, Rate Setting, Proforma Support, Load Forecast, Technical Data for Regulatory Filings
Financial Consulting Public Finance
Management
Procures and Maintains Banking Services
Accounting Services Maher Budgets, Financial Statements IT TBD Website Design and Management
Data Management Calpine Billing, Customer Service and Call Center Customer Service AAdvantage/TEC Program Administration, CPUC Funding Requests Portfolio Management GDS Power Procurement, Renewable Filings, WREGIS System Management, Integrated Resource Plan, Resource Adequacy Scheduling Coordinator Tenaska Daily Trading and Scheduling CCA Operations Staff TBD by City (if
none, see below)
Day-day Operations and Reporting, Governance Support
Executive Director GDS/AAdvantage Schedules, Manages Tasks, and Policy Adherence, Determines Council Agenda
Account Manager and
Communications
AAdvantage Large or Special Account Services
Finance Manager AAdvantage Prepare Council Agendas/Reports, Facilitate Meetings with Consultants, Receive and Review/Audit Deliverables
Administrative AAdvantage Council Meeting Materials and Facilitation

2.3.1 Initial Feasibility Study/Financial Analysis – Post Feasibility Table 2-1 indicates Feasibility Study costs which GDS is offering at no charge. The Feasibility Study and support to the City are provided to help the City determine whether to implement CCA or not. If CCA implementation is determined, Post Feasibility activities and Start-Up activities would need to be financed. At CCA operations, a banking line of credit is needed to fund initial and ongoing operations. GDS will conduct the Feasibility Study and 295
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provide Feasibility Study support to the City as part of a City determination on CCA. GDS would conduct the Post Feasibility Study activities – preparing regulatory filings, securing remaining Turnkey Team services – upon a City determination to proceed with CCA.

2.3.2 Wholesale Power Procurement Management
Power Procurement/Portfolio Management from reflects costs to manage the power purchase business element of CCA operations. These estimates come from GDS’ Power Procurement organization and are based on necessary staffing costs to supply and manage a power portfolio for the size of the City.

2.3.3 Schedule/Dispatch Coordinator
Schedule/Dispatch Coordinator costs are provided by Tenaska and are based on a unit cost per MWh of energy needed for the City. These costs reflect a ll of the services described for Tenaska as the Schedule/Dispatch Coordinator described in the Narrative section.

2.3.4 Data Management/Call Center Services
Data Management/Call Center Services costs are provided by Calpine and are based on a unit cost per meter (customer account) needed for the City. These costs reflect all of the services described for Calpine as the Data Management/Call Center Services provider described in the Narrative section.

2.3.5 Marketing and Outreach Services
Marketing and Outreach Services costs are provided by The Energy Coalition and are based on their experience providing similar services for Clean Power Alliance (L.A. County-led CCA) and the Orange County Power Authority CCA. This includes website development and maintenance, customer notifications required by the CPUC, and a minimum amount of regular customer communications and hosted venue events to maintain customer communications.

2.3.6 Legal/Regulatory Services
Legal/Regulatory Services costs are provided by BBK typically and reflect their experience in providing required regulatory filings, responding to CPUC requests, and monitoring CCA-related proceedings at the CPUC. BBK is the GDS Turnkey Team member for this role. As noted earlier, BBK is also Fontana’s contract City Attorney. We will defer to the City on whether to utilize BBK under our Turnkey Team or whether the City desires to use BBK under their City contract.

2.3.7 Financing
GDS has typically used Public Finance Management (PFM), a well-known local government finance consultant, to procure financing and banking lines of credit for CCA Start-up and Operations funding. These are typically loans that PFM secures for CCAs but other potential sources of funding will be described in the final Feasibility Study.

Past costs are reflected in this.

2.3.8 Customer Programs
The Energy Coalition will also provide support for assessing and developing CCA customer programs. This cost estimate is based on their experience with Orange County Power Authority and their experience doing the same for other local governments in acquiring program funding from CA regulatory agencies. The scope is described in the Narrative and in the Value-Added Services section below.

2.3.9 CCA Operations Staff
As noted above, if the City determines no City staff are available to support CCA operations, the GDS Turnkey Team will provide these resources for the costs shown. Primarily, these resources will serve as the technical and financial liaison between the Tu rnkey Team and City electeds and executives – providing update reports, communications, and coordination on meetings and events. These resources will also serve as the liaison between 296
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the City and customers for certain City -directed communications. Our Team will also serve to coordinate and provide all support for City Council and other public meetings regarding CCA. The budget noted for the Turnkey Team to provide these services are considerably less than typical cities’ staffing to perform the same functions.

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3 Value Added Services
The GDS Team will evaluate and recommend additional services which may benefit the City CCA operations including: developing operational cost savings, increasing revenues, enhancing the City CCA public image.

3.1 ASSISTANCE TO HELP RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS – CITY CCA PUBLIC IMAGE
CCAs can establish their own retail rates which means for (as of this proposal development) all CCAs in the state – are offering lower retail rates than their incumbent investor-owned utilities. Additionally, CCAs may establish rates to incentivize customer behavior including: developing businesses, implementing solar and battery storage, electrifying infrastructure (with greater revenues for the CCA), and creating customer demand side management programs such as energy efficiency and demand response.

The California Public Utilities Commission provides funding for CCAs for energy efficiency programs and for development of community solar programs that offer renewable energy to low-income customers who otherwise could not afford to implement renewable projects. City residents still qualify for SCE programs whether the City is a CCA or not. Those include SCE’s energy efficiency programs, solar and storage incentives, low income support and subsidy programs, demand response programs, and support for distributed energy resource installations.

Other CCAs in the State offer workforce training programs in partnership with educational institutions and energy industry equipment suppliers. Also, some CCAs offer scholarships for energy industry training programs and advanced degrees. All CCAs in the state offer public events and programs which educate their customers on CCA benefits and activities and provide forums for public input into city energy goals and objectives.

Also, with lower retail customer rates, past economic modeling conducted by GDS for other jurisdictions’ CCA feasibility studies show that job growth is realized through increased spending by retail electric customers due to reduced rates, increased business activity of local businesses due to this increased spending, and increased spending by the employees of these local businesses due to increased activity. Our Team includes this economic analysis in our CCA feasibility study efforts.

GDS is prepared to discuss the opportunities for all of this with the City as your CCA implementer, operator and energy partner.

3.2 BRINGING NEW POWER GENERATION, STORAGE OR DISTRIBUTION TO THE CITY As a CCA, the City procures power supply from a variety of statewide, regional and local sources – wholesale power from marketers, contracts with large power projects in/out of state, and development of CCA -owned power sources using a variety of financing sources including municipal financing (which CCAs in the State are now doing).

As a CCA, the City may also encourage the development of local/regional power sources (solar, storage, solar plus storage) by participating in their development as well as contracting for the power output. This can also be done at customer level renewable and storage projects on rooftops and vacant property.

Absent a CCA, the City may invest in generation resources in the City and region and will have to find a buyer of that power output. Typically, the City, with an energy partner, would identify a potential power generation source and site, determine generation economics, obtain financing, and solicit for “off takers” or buyers of the output.

As a CCA, the City would do all of this and now may consider the option of buying the power itself for supply to the City energy customers and consider financing as a CCA leveraging operating revenues as the source of financing repayment.

Absent operating a CCA, the City may purchase power from third parties through California’s Direct Access programs which allow retail customers to procure power from third parties. The City, as a large power consumer, 298
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could potentially influence development of resources through purchase of power from its municipal buildings and by influencing other large customers to consider third party purchases. These options are not as comprehensive or secure as a CCA procuring energy for the entire City.

3.3 REGIONAL CCA DEVELOPMENT
Our Team’s experience with developing CCAs and California’s experience show that there are definite economy of scale benefits in operating a CCA; that is, we believe there is a minimum threshold for number of meters (or number of customers or size of energy load) to maximize risk mitigation.

Our Team has been working with the County of San Bernardino and other cities within the County in promoting CCA throughout the region. We have submitted a CCA development proposal to the City of Adelanto who expressed interest in developing a “high desert” region CCA. We have also submitted a proposal to the County of San Bernardino Chief Administrative Office with a proposal for a feasibility study and a proposal to develop and implement a County unincorporated area CCA.

Either through direction from these jurisdictions and/or with direction from the City, our Turnkey Team can initiate regional collaborative efforts including: combining feasibility study results into different combinations of potential regional partners, describing the pros/cons of multiple jurisdiction participation and governance models.

3.4 ELECTRIC SYSTEM GRID RELIABILITY PROGRAMS PARTICIPATION Under the California Independent System Operator (CAISO) regulated authority over transmission systems and under SCE’s regulated authority to operate the local distribution system, both agencies are tasked with evaluating the short -, mid- and long -term reliability and resiliency of those electrical systems. CAISO administers Local Capacity Requirements programs that identify location -specific transmission grid needs for reliability and resiliency. Similarly, SCE administers and operates distribution infrastructure deferral needs programs. Under recent legislation and regulation, both agencies administer programs to solicit and fund distributed energy resource projects, owned and operated by third-parties which are deemed to provide benefits to the grids. These programs represent opportunities for the City to engage directly, or with third -party partners, to identify and facilitate projects within the City that meet program criteria and would result in greater system reliability and resiliency for the grids serving the City.

3.5 PARTICIPATION IN SCE REGULATORY PROCEEDINGS
The Turnkey Team (i.e., BBK, GDS and TEC) is also active at the CPUC in proceedings on behalf of public sector clients – especially CCAs – for the purposes of determining the basis and correctness of utility rates. We have observed many cities in the region specifically highlight SCE’s lack of performance in new customer service installations. Proceedings that involve SCE’s costs, performance and obligations for new services include those mentioned above, SCE’s General Rate Case which sets and approves their system funding requirements, and SCE’s annual distribution system performance report. The Turnkey Team would assess and evaluate the regulatory proceedings under which SCE customer performance would be at issue and whether the City, as a CCA, might influence them.

3.6 ECONOMIC IMPACTS
Under a CCA offering customer rates lower than SCE , the City not only offers customers lower utility costs and lower greenhouse gas accounting for the region , but an economic analysis of the lower rates can show that direct and indirect employment is created. Existing economic development models are available and quantify potential economic impacts of lower customer rates . Employment opportunities are created above and beyond what would have otherwise taken place in the absence of a CCA program due to customer bill savings, expected local spending by the customers due to this saving , and benefits to local businesses of this spending. Standard input/output models used by the State can quantify the direct and indirect creation of jobs due to CCA savings. 299
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Additionally, local jobs created can be created by the CCA through increased utilization of local generation, local renewables generation, and local jobs related to energy efficiency retrofits.

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Appendix A . Corporate Biographies of Turnkey CCA Team GDS Associates, Inc.

GDS Associates has conducted CCA feasibility studies across the state and helped implement multiple CCAs, includes technical resources as described throughout this proposal.

Founded in 1986, GDS provides engineering and consulting services to electric utility clients across the country, covering a broad range of services in the areas of wholesale and retail rates, cost of service (COS), demand-side management, power supply planning, financial consulting, transmission planning, access and pricing, generation development and monitoring, operational and management challenges, and many others.

Cooperatives, municipal systems, and regulatory agencies are GDS’ target clients, and we gear our business toward being able to provide the multitude of services that those entities need “all under one roof”. We serve a diverse client base with a variety of energy consulting services, as well as information technology, market research, and statistical services.

GDS offers a broad array of services with direct, current experience with valuation, and mergers and acquisitions, all of which are relevant to the City’s requested scope of work, including:
– Utility Municipalization & Privatization
– Community Choice Aggregation (CCA) Services
– Renewable Resource Procurement &
Advisement
– Microgrid
– Mergers and Acquisitions
– Regulatory
– Cost of Service, Financial Analysis and Rate
Design
– System & Plant Valuations
– Proforma Business Plan and Forecast Retail
Rates
– Engineering Design Services/Construction
Management
– Expert Witness and Regulatory Support
Services
– Strategic Planning
– Resource Development and Assessment
– Energy Purchasing and Risk Management
– Educational Seminars
GDS has assisted clients in meeting the challenges of evolving competitive, regulatory and technical environments.

We have a proven track record of success in arenas where the results of a particular project may have far-reaching effects on the viability of an organization and the local community.

Because of the size of our firm and our highly qualified staff, we are able to deliver results in less time and with less expense to our clients. We are responsive and focused on cost-effective solutions for our clients' needs, and always recommend the mos t direct and efficient means of carrying out a project. The success of our project approach has resulted in the large volume of repeat business that the firm enjoys.

GDS places the needs of our clients first and foremost. The size and depth of our firm permits us to offer clients multiple sources of assistance, ensuring complete, competent, and timely service on a very cost -effective basis.

GDS’ long history of meeting or exceeding client needs has established our reputation within the industry. In fact, most of our project assignments are derived from repeat work for existing clients or from client referrals. GDS recognizes that no two clients or problems are exactly a like, so we strive to deliver “right -fit” solutions for each client’s particular situation. GDS conducts its business in accordance with stated core values which we follow steadfastly in providing services to our clients.
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Tenaska Power Services Company
Established in 1997, Tenaska is a FERC -certified power marketing company engaged in the buying and selling of wholesale and retail power and the provision of power marketing and energy management services throughout the United States. With a 200+-person staff headquartered in Irving, Texas, Tenaska focuses on providing energy management solutions to third -party customer generation assets and retail and wholesale load in CAISO, WECC, ERCOT, SERC, MISO, SPP, PJM, NYISO, and ISONE.

As one of the first energy managers in the U.S., Tenaska has grown alongside the electric power industry, adapting to the ever -changing market landscape and developing cross -functional expertise in its employees. Tenaska employs a team of functional experts to provide energy management services to customers in each U.S. power market. Each member of the energy management team, including both commercial and back-office roles, is fully involved in all aspects of their specif ic market function, including participating in stakeholder meetings, market design, and market training. This integrated approach enables each energy management customer to benefit from Tenaska’s extensive market knowledge, deep understanding of the regional energy markets, and ability to execute transactions to provide risk management services and create incremental value.

Tenaska has managed assets for over 300 energy management customers, comprised of independent power producers, municipal electric utilities, electric cooperatives, renewable generation facilities, large industrial and cogeneration facilities, retail loads, demand response participants, and energy storage assets. The vast diversity of Tenaska’s customer base has given Tenaska experience with many different technology types, customer characteristics, and market segments and has well-equipped our team to provide a comprehensive set of energy management services.

Tenaska’s solid reputation as a top -tier energy management firm is also demonstrated by the fact that over twenty-five years ago, Tenaska entered the energy management business with an agreement to provide services to the Brownsville Public Utilities Board ( “BPUB”). Tenaska performs an extensive array of energy management services for BPUB, including energy procurement, risk management, facility optimization, market interface, scheduling, settlement services, and transmission revenue rights optimization. This relationship has evolved and expanded, and we are proud that we continue to serve BPUB today.

While Tenaska is acutely attuned to reliability issues and is extremely sensitive to risk management concerns, Tenaska’s business focus is adding value for its customers. Tenaska’s talented energy management team has a proven record of successfully managing risk and optimizing revenues for generation and load customers.

As a demonstration of Tenaska’s strong focus on providing energy management services, Tenaska maintains a dedicated Energy Management group staffed with experienced energy managers and support personnel. This enables Tenaska to assign a dedicated energy manager to each customer to provide a single point of contact for any customer request.

Each Energy Manager is responsible for working with the customer to develop long and short -term optimization strategies, utilizing information provided by Tenaska’s trading and market analysis groups as well as customer specific parameters to recommend optimization strategies. Upon determination of an optimization strategy with each customer, the Energy Manager will oversee execution of the strategy and monitor its p erformance. The Energy Manager actively seeks opportunities to improve each customer’s economic performance through extracting maximum value from their assets and positions.

Tenaska began operating in California in 2012 and is currently providing Scheduling Coordinator, Energy Management, Optimization and Settlement Services for many customers within the CAISO and WECC footprints.

Tenaska currently provides these services to a number of California CCAs including Clean Power Alliance of Southern California (CPA), San Diego Community Power (SDCP), Central Coast Community Energy (3CE) and Silicon Valley Clean Energy (SVCE). In 2015, Tenaska executed an agreement to provide Energy Management and 302
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Scheduling Coordinator Services for a generator in CAISO owned by a company that owns multiple generators across the country. As a testament to Tenaska’s excellent customer service, after less than a month of serving the generator, the owner elected to hire Tenaska to serve eight of its other generators in California, as well as an additional six generators outside of California.

Additionally, Tenaska has been extremely active in the California Resource Adequacy (“RA”), Renewable Portfolio Standard (“RPS”), and Carbon Free (“CF”) markets, transacting significant volumes annually. Specifically, Tenaska has transacted in all local and system RA zones (including RA supplies with flexible capacity attributes) in California as well as all bucket type (PCC1, PCC2 and PCC3) products in the RPS market. Tenaska has marketed trading tenors from balance of year to as far out as 10-15 years with our clients.

Calpine Energy Solutions
Calpine is the premier provider of Billing, Data Management, and Customer Service for Community Choice Aggregators ( “CCA”) across California. For more than a decade, our team has helped over 170 local governments bring lower bills, energy choice, and economic development to their communities. We help launch California’s first CCA, MCE Clean Energy, in 2010, and since then helped 22 additional CCAs start -up operations.

Calpine boasts the high billing accuracy of any provider in the nation, with over 99.999% accurate billing, measured across over half a billion bills. As of January 2024, Calpine supports over 5 million meters covering over 20 CCAs nationwide.

Headquartered in San Diego, California, Calpine has over 300 full -time employees with a management team averaging more than 20 years of energy experience. Our company has served California commercial and industrial customers since the market deregulated in 1998. We have over 12 years of experience in billing and data management with California’s CCAs and over twenty years of experience exchanging customer data with California’s utilities in support of this industry. Working with all three investor-owned electric utilities in California has honed our craft; we have built highly sophisticated systems and processes to account for innumerable nuances and brought these hard-earned benefits to all our CCA partners.

Additionally, Calpine maintains our best-in-class status by working with industry leading partners to provide new tools and intelligence to our clients. We are the only provider in the market that offers advanced data analytics, targeting, forecasting, and grid flexibility as-a-service through our partnership with Recurve Analytics. Calpine also brings a wealth of experience in customer behavior and research through our research team and we are the only provider actively working with CCAs to utilize behavioral science to maximize customer participation an d engagement.

Our seasoned background and tenacious drive to improve is how we achieve the highest billing accuracy in the industry, and we firmly believe there is no other vendor in this space as prepared, well-staffed, or as experienced that can also provide the level of technological sophistication and service support to enhance every aspect of a CCA’s operations.

The Energy Coalition
For almost fifty years, TEC has been deeply immersed in the complex and ever - changing energy landscape, helping to shape the solutions of tomorrow while addressing the needs of today. Working with the public sector, TEC designs and delivers projects that c reate shared social, environmental, and economic benefits. We identify and help partners access funding, removing barriers to smart energy strategies. We help cities, counties, school districts, water agencies, Regional Energy Networks (RENs), and Communit y Choice Aggregators (CCAs) with projects that transform energy use and generate much-needed capital. To date, TEC has successfully supported public agencies in securing approximately over $170M in funding from a variety of federal, state, and local agencies.
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 The Inflation Reduction Act (IRA) recently created a new program: the Greenhouse Gas Reduction Fund. This first-of-its-kind program will provide $27 billion in competitive grants for clean energy and climate projects that reduce greenhouse gas emissions —with an emphasis on projects that benefit low -income and disadvantaged communities.
 The Infrastructure and Investment Jobs Act (IIJA) will provide $550 million through the Department of Energy (DOE’s) Energy Efficiency and Conservation Block Grants (EECBG) to help states, local governments, and tribes reduce energy use, reduce fossil fuel emissions, and improve energy efficiency.  IIJA will also provide $500 million through the Department of Energy (DOE’s) Renew America’s Schools program to fund energy improvements at public K-12 school facilities. Improvements cover energy efficiency, ventilation, renewable energy, alternative vehicles, and alternative fuel vehicle infrastructure at one or more school sites located in an areas of high needs.
 The California Governor’s Office of Planning and Research (OPR) Integrated Climate Adaptation and Resiliency Program (ICARP) is offering $250 million under their Regional Resilience Planning and Implementation Grant Program (RRGP) to help address local, regional, and tribal climate resilience needs at the regional scale.  The California Strategic Growth Council’s (SGC) Community Resilience Centers (CRC) program will offer $270 million to fund new construction and upgrades of neighborhood -level resilience centers to provide shelter and resources during climate and other emer gencies. The program will also fund year -round services and ongoing programming that build overall community resilience.  The California Strategic Growth Council’s (SGC) Transformative Climate Communities (TCC) program will release the 5th round of awards providing over $163 million across planning grants, project development grants and implementation grants to fund development and infrastructure projects that achieve major environmental, health, and economic benefits in California’s most disadvantaged communities.

TEC offers extensive experience and expertise in regulatory activities drawn from over twenty years of serving as implementers for various California EE programs. TEC has managed regulatory and data reporting requirements in compliance with California Public Utilities Commission (CPUC) specifications, responding to program evaluation, measurement, and verification (EM&V) related data requests, and adapting programs in response to relevant regulatory proceedings. Furthermore, TEC has provided support to Prog ram Administrators with various duties including drafting Business Plans and Program Implementation Plans (IPs), preparing and submitting budget advice letters, providing comments to relevant CPUC proceedings, and compiling required annual, quarterly, and monthly CPUC reports. TEC participates as a member of the California Energy Efficiency Coordinating Committee (CAEECC) and is a party to multiple CPUC proceedings. TEC is also represented on the Board of Directors of the Local Government Sustainable Energy Coalition, helping craft and coordinate strategies and opportunities for local governments to be energy leaders and influence statewide energy policies. Specific project experience is listed below.

Best Best & Krieger (“BBK”)
Established in 1891, Best Best & Krieger, LLP (“BBK”) is a full-service public agency law firm with over 250 attorneys and 12 offices nationwide, with attorneys licensed and clients in Arizona including the City of Lake Havasu. Our attorneys are especially well qualified to provide the highest quality legal representation.

Our professionals focus on virtually all practices of law that may confront a public agency. We help public clients successfully maneuver through legal complexities and government mandates. Because BBK has a history of extensive involvement in all aspects of p ublic law, we have pioneered methods to deliver advisory, regulatory, transactional and litigation services in a comprehensive, efficient, and cost -effective manner. BBK currently provides legal services to over 700 public agency clients in various capacities. 304
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BBK offers strategic counsel to clients throughout California and the U.S. on utilities regulation, administrative law, environmental law and public agency governance matters. Their energy practice spans regulatory, transactional and business issues in the areas of energy, gas, water quality, air quality, wastewater, solid waste and climate change. They also has extensive experience with project development, entitlement and permitting matters, particularly with respect to large-scale infrastructure. BBK represents clients on utility matters before a number of federal and state agencies as well as on utility transactional, business and governance matters. He represents a number of California community choice aggregators, commonly known as CCAs, and communitie s exploring CCA on all aspects of formation. This includes governance, implementation, regulatory and procurement matters. BBK advises clients on forming electric municipal owned utilities and acquiring utility assets, including recent efforts in Colorado. They negotiate regularly with utility companies and advise on utility rules and tariffs.

BBK advises community choice aggregators on feasibility, formation and implementation, including creation of enterprise funds and joint powers agencies, consultant contracts, energy and resource adequacy procurement, and CPUC and CEC regulation. Clients in clude Western Community Energy, Desert Community Energy, Clean Power Alliance, San Jose Clean Energy, San Jacinto Power, the County of San Diego and various cities and counties exploring CCA or joining an existing CCA.

Aadvantage Communications
Founded in 2015, AAdvantage Communications is government relations, public policy and research advisory firm based in Southern California (San Bernardino) . Established on the core foundation of knowledge, data, and experience, AAdvantage Communications works collaboratively with clients and partners to deliver results.

With passionate strides about the work we do, we are vested in positively impacting people’s lives and contributing to the communities in which we work through data guided strategies and lobbying efforts to garner trust and support for our clients desired outcomes.

Our focus and precision approach allows consideration for unique and tailored efforts and an awareness of client and community needs which are steadfast in our dedication to each project and its outcomes.

Our history of proven success and long-lasting relationships with clients and colleagues has yielded the trust and loyalty of these partnerships. Most importantly, AAdvantage Communications work has always been built on a foundation of relationships with federal, state, county and local government officials.

Our research coupled with a pragmatic approach affords us the ability to offer clients educated and objective guidance based on reliable professional and seasoned experience in these specialty areas such as: Government Relations, Public Policy, Market Research, Sales/Marketing, Sales Targeting/Brand Development, Public Affairs, Crisis Management, Community Engagement and Focus Groups.

We also offer advising in economic and community development along with land use and development, and formation of public private partnership (PPP) efforts through JPA formation (joint powers authority and quasi - government formation) through land annexation.

Our commitment i s founded upon objectivity, diligence, care, and profitability for our clients. Our approach is designed to exceed the expectations of our clients and their strategic growth plans. From AAdvantage Communications, our commitment and dedication are centered around:
 Clear communication, strict timelines, and a dedicated team to achieve your goals.  Integration as part of your team, in a collaborative manner, to facilitate transparency and accountability in all that we do to deliver core objectives.
 Frequent meetings will be scheduled to address successes, concerns, updates, and opportunities to continue to move projects forward towards the end objectives.
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Appendix B. Resumes

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Appendix C. Financial Information

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3228 Agenda Date: 9/24/2024
Agenda #: A. Category: Public Hearing
FROM:

Finance
SUBJECT:

Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts RECOMMENDATION:

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

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

3. Adopt Resolution No. 2024-111, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
..End
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by developing long-term funding and debt management plans.
· To improve public safety by increasing operational efficiency, visibility, and availability.

DISCUSSION:

Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.

The proposed lists (one each for sewer, rubbish and weed abatement) are on file with the City Clerk.

Each account has had notification by mail regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code.

Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing process.

The lists recommended for adoption contain the following:

Type of Account Number of
Properties
Current Lien Amount Receivables
Protected to Date
Sewer 167 $56,310.91 $4,295,734.76
Rubbish* 2738 $360,406.77 $9,854,377.79
Weed Abatement 102 $75,651.65 $4,202,299.33 City of Fontana Printed on 9/17/2024Page 1 of 2
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File #: 21-3228 Agenda Date: 9/24/2024
Agenda #: A. Category: Public Hearing
Type of Account Number of
Properties
Current Lien Amount Receivables
Protected to Date
Sewer 167 $56,310.91 $4,295,734.76
Rubbish* 2738 $360,406.77 $9,854,377.79
Weed Abatement 102 $75,651.65 $4,202,299.33 *Collections are payable to Fontana Rubbish
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be automatically placed on the property tax rolls for collection.

FISCAL IMPACT:

The approval of this item will result in liens in the approximate total amount of $492,369.33 to be recorded and placed on the County property tax roll for collection. This action will prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount was included as revenue to the Sewer Operations Maintenance Fund in current and prior budget periods.

The recording of Rubbish liens will strengthen Fontana Rubbish's ability to collect, thereby increasing the amount generated by the 12% franchise fee they remit to the City.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/17/2024Page 2 of 2
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309

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA RUBBISH COLLECTION

CONTRACTOR (BURRTEC WASTE) FOR THOSE ACCOUNTS MORE THAN NINETY DAYS

DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC

HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN

WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: SEPTEMBER 24, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE CUSTOMER SERVICE STAFF AT (909) 822-2396.

PUBLISH: SEPTEMBER 6, 2024
SEPTEMBER 13, 2024

PROOF OF PUBLICATION REQUESTED
310

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA SANITARY SEWER SYSTEM FOR

THOSE ACCOUNTS SIXTY DAYS OR MORE DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC

HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN

WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: SEPTEMBER 24, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: SEPTEMBER 6, 2024
SEPTEMBER 13, 2024

PROOF OF PUBLICATION REQUESTED
311

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS AGAINST PROPERTIES PROVIDED WEED ABATEMENT SERVICES THROUGH THE CITY’S

WEED ABATEMENT PROGRAM FOR THOSE ACCOUNTS THIRTY DAYS OR MORE

DELINQUENT AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE CUSTOMER SERVICE DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING

ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE

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

DATE OF HEARING: SEPTEMBER 24, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE BUSINESS SERVICES CUSTOMER SERVICE STAFF AT (909) 350-7683.

PUBLISH: SEPTEMBER 6, 2024
SEPTEMBER 13, 2024

PROOF OF PUBLICATION REQUESTED
312
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING STATEMENT OF UNPAID EXPENSES FOR WEED

ABATEMENT AND IMPOSING A LIEN AGAINST PROPERTY FOR

PAYMENT THEREOF

WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana City Code, Section 27-1 et. seq.;

WHEREAS, at its meeting on September 24, 2024, the City Council discussed and considered all expenses and other costs of ab atement which have remained unpaid to date, as specified in the Statement of Unpaid Expenses for Weed Abatement, on file with the City Clerk for public review and incorporated herein by reference (“Statement”);

WHEREAS, the City Council has read or hea rd and considered all evidence and testimony presented to it with respect thereto;

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

Section 1. Based on all evidence and testimony presented to the Council, the Statement is confirmed and adopted.

Section 2. All expenses and other costs noted on the Statement which remain unpaid to the City as of September 24, 2024, shall constitute a lien upon the real property against which the nuisance was abated, and shal l be collected in any lawful means available to the City.

Section 3. The City Clerk is directed to file for recording a "Notice of Lien for Weed Abatement" with the Office of the Recorder for San Bernardino County after September 24, 2024 against those real properties listed on the Statement for any expenses and other costs noted on the Statement which remain unpaid to the City.

Section 4. The Auditor/Controller shall include the amount of the expenses on the bills for taxes levied against the real property against which the expenses have been imposed, and the same shall be collected in the same manner and together with the general taxes for the County of San Bernardino, and shall be subject to the same penalties, interest and collection.

APPROVED AND ADOPTED this 24th day of September, 2024.

READ AND APPROVED AS TO LEGAL FORM: