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Agenda packet

Fontana City Council
July 22, 2025

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Agenda packet
Meeting
July 22, 2025
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Fontana City Council
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35
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Text extracted from the city's file for reading and search. Open the original on fontana.legistar.com. That file is the official record.

RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 90 (SUMMIT @ ROSENA
PHASE ONE) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 90; and

WHEREAS, on April 23, 2019, Community Facilities District No. 90 (Summit @ Rosena Phase One) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20153; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

365
Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

366
Resolution No. 2025-

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APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
367
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 460,000$ Bond Service Funds Available 831,421$ Interest Payment 09/2025 416,900 Proposed Special Tax Levy 1,466,948 Administration Costs (2025) 43,297 Allowance for Delinquencies (44,008) Interest Payment 03/2026 410,000
Principal Payment 09/2026 470,000
Interest Payment 09/2026 410,000
Administration Costs (2026) 44,163
Total Costs 2,254,361$ Available Funds 2,254,361$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Lot Size (sq ft) Special Tax A Special Tax B Tax Rate 1 – Detached 4,001 or Greater 3,791.00$ 607.70$ 4,398.70$ 2 – Detached 3,801 to <4,001 3,577.00 607.70 4,184.70
3 – Detached 3,601 to <3,801 3,467.00 607.70 4,074.70
4 – Detached 3,401 to <3,601 3,416.00 607.70 4,023.70
5 – Detached 3,201 to <3,401 3,108.00 607.70 3,715.70
6 – Detached 3,001 to <3,201 3,080.00 607.70 3,687.70
7 – Detached 2,801 to <3,001 2,894.00 607.70 3,501.70
8 – Detached 2,601 to <2,801 2,880.00 607.70 3,487.70
9 – Detached 2,401 to <2,601 2,758.00 607.70 3,365.70
10 – Detached 2,201 to <2,401 2,507.00 607.70 3,114.70
11 – Detached 2,001 to <2,201 2,477.00 607.70 3,084.70
12 – Detached 1,801 to <2,001 2,446.00 607.70 3,053.70
13 – Detached 1,601 to <1,801 2,327.00 607.70 2,934.70
14 – Detached 1,401 to <1,601 2,185.00 607.70 2,792.70
15 – Detached Less than 1,401 2,163.00 607.70 2,770.70
16 – Attached 1,801 or Greater 2,320.00 581.95 2,901.95 17 – Attached 1,601 to <1,801 2,193.00 581.95 2,774.95
18 – Attached 1,401 to <1,601 2,052.00 581.95 2,633.95
19 – Attached 1,201 to <1,401 1,759.00 581.95 2,340.95
20 – Attached 1,001 to <1,201 1,609.00 581.95 2,190.95
21 – Attached Less than 1,001 1,506.00 581.95 2,087.95
22 - Non-Residential 26,240.00 6,427.20 32,667.20
Undeveloped Property - - -
Total Proposed Levy 1,466,948$ 362,601$ 1,829,549$
Exhibit "A"
City of Fontana
Community Facilities District No. 90
Summit @ Rosena Phase 1
368
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – Detached 4,001 or Greater 39,588$ 4,398.70$ 39,588$ 4,398.70$ 0% 2 – Detached 3,801 to <4,001 - 4,184.70 - 4,184.70 0%
3 – Detached 3,601 to <3,801 - 4,074.70 - 4,074.70 0%
4 – Detached 3,401 to <3,601 40,237 4,023.70 40,237 4,023.70 0% 5 – Detached 3,201 to <3,401 92,893 3,715.70 92,893 3,715.70 0% 6 – Detached 3,001 to <3,201 73,754 3,687.70 73,754 3,687.70 0% 7 – Detached 2,801 to <3,001 164,580 3,501.70 164,580 3,501.70 0% 8 – Detached 2,601 to <2,801 45,340 3,487.70 45,340 3,487.70 0% 9 – Detached 2,401 to <2,601 238,965 3,365.70 238,965 3,365.70 0% 10 – Detached 2,201 to <2,401 109,015 3,114.70 109,015 3,114.70 0% 11 – Detached 2,001 to <2,201 141,896 3,084.70 141,896 3,084.70 0% 12 – Detached 1,801 to <2,001 195,437 3,053.70 195,437 3,053.70 0% 13 – Detached 1,601 to <1,801 82,172 2,934.70 82,172 2,934.70 0% 14 – Detached 1,401 to <1,601 50,269 2,792.70 50,269 2,792.70 0% 15 – Detached Less than 1,401 - 2,770.70 - 2,770.70 0%
16 – Attached 1,801 or Greater 52,235 2,901.95 52,235 2,901.95 0% 17 – Attached 1,601 to <1,801 155,397 2,774.95 155,397 2,774.95 0% 18 – Attached 1,401 to <1,601 94,822 2,633.95 94,822 2,633.95 0% 19 – Attached 1,201 to <1,401 215,367 2,340.95 215,367 2,340.95 0% 20 – Attached 1,001 to <1,201 - 2,190.95 - 2,190.95 0%
21 – Attached Less than 1,001 37,583 2,087.95 37,583 2,087.95 0% 22 - Non-Residential - 32,667.20 - 32,667.20 0%
Undeveloped Property - - - -
1,829,549$ 1,829,549$
Community Facilities District No. 90
Summit @ Rosena Phase 1
FY 2024 - 2025 FY 2025 - 2026
Exhibit "A"
City of Fontana
369
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 90
(SUMMIT @ ROSENA PHASE ONE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 90 (Summit @ Rosena Phase One) (“CFD No. 90”) and collected each fiscal year commencing in Fiscal Year 2020-2021, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 90, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

370
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached - 4,001 or Greater Unit $ 3,791.00 $ 3,791.00 $ 34,119 2 – Detached - 3,801 to <4,001 Unit 3,577.00 3,577.00 0 3 – Detached - 3,601 to <3,801 Unit 3,467.00 3,467.00 0 4 – Detached - 3,401 to <3,601 Unit 3,416.00 3,416.00 34,160 5 – Detached - 3,201 to <3,401 Unit 3,108.00 3,108.00 77,700 6 – Detached - 3,001 to <3,201 Unit 3,080.00 3,080.00 61,600 7 – Detached - 2,801 to <3,001 Unit 2,894.00 2,894.00 136,018 8 – Detached - 2,601 to <2,801 Unit 2,880.00 2,880.00 37,440 9 – Detached - 2,401 to <2,601 Unit 2,758.00 2,758.00 195,818 10 – Detached - 2,201 to <2,401 Unit 2,507.00 2,507.00 87,745 11 – Detached - 2,001 to <2,201 Unit 2,477.00 2,477.00 113,942 12 – Detached - 1,801 to <2,001 Unit 2,446.00 2,446.00 156,544 13 – Detached - 1,601 to <1,801 Unit 2,327.00 2,327.00 65,156 14 – Detached - 1,401 to <1,601 Unit 2,185.00 2,185.00 15 – Detached - Less than 1,401 Unit 2,163.00 2,163.00 39,330 16 – Attached - 1,801 or Greater Unit 2,320.00 2,320.00 41,760 17 – Attached - 1,601 to <1,801 Unit 2,193.00 2,193.00 122,808 18 – Attached - 1,401 to <1,601 Unit 2,052.00 2,052.00 73,872 19 – Attached - 1,201 to <1,401 Unit 1,759.00 1,759.00 161,828 20 – Attached - 1,001 to <1,201 Unit 1,609.00 1,609.00 0 21 – Attached - Less than 1,001 Unit 1,506.00 1,506.00 27,108 22 – Non-Residential Property Acre 26,240.00 26,240.00 0

$ 1,466,948

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2019-2020 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

371
B-3
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at up to 100% the Maximum Facilities Special Tax A for Taxable Public Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 90 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 90 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued for private residential use be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 90 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached Residential Subdivision
2 – Attached Residential Subdivision
Unit
Unit
$ 929.08
889.67
$ 607.70
581.95
$ 234,572
128,029
3 – Non-Residential Property Acre 9,831.40 0.00 0

$ 362,601
372
B-4

Commencing July 1, 2019, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, and Non-Residential Property shall be increased by two percent (2%).

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2019-2020 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

373
374
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0402 Agenda Date: 7/22/2025
Agenda #: AH. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 95 (Summit at Rosena Phase Two) for Fiscal Year 2025-2026
RECOMMENDATION:

Adopt Resolution No. 2025-070, Authorizing the Levy of Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 95 (Summit @ Rosena Phase 2) was established by Resolution No. 2019-055 on April 23, 2019, to finance public facilities and to pay annual landscape and lighting costs for the district. In the future, the District will issue a maximum of $11,000,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was set forth in Ordinance No. 1804 approved and adopted by the City Council on May 14, 2019.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B).

The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments and administration costs (Exhibit A, Schedule 1).

The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.

A comparison of the total special tax levy and rates (Special Tax A and Special Tax B) for Fiscal Year City of Fontana Printed on 7/15/2025Page 1 of 2
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375
File #: 25-0402 Agenda Date: 7/22/2025
Agenda #: AH. Category: Consent Calendar
2024-2025 and Fiscal Year 2025-2026 is outlined in Exhibit A, Schedule 3.

The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B). Special tax A rates will remain the same as prior year while special tax B rates will increase 10% ($60.77) per parcel.

As recommended, the 10% increase for Special Tax B doesn’tfully fund the maintenance expenses for the District and use of fund balance is required. The City is conducting a citywide comprehensive analysis and review of its community facility districts. Following this, the City will present recommendations to the Council for a long-term funding plan to ensure that services are fully funded, and districts remain sustainable.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax A rates are the same as the prior year while special tax B rates will increase 10%. This will generate approximately $856,617; $672,844 for public facility expenses and $183,773 for landscape and lighting maintenance costs. Fully funding expenses without the use of fund balance would require a 54% increase to the maintenance assessment. The 10% increase will require the utilization of $66,310 or 19% of current estimated fund balance.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/15/2025Page 2 of 2
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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 95 (SUMMIT @ ROSENA
PHASE TWO) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 95; and

WHEREAS, on April 23, 2019, Community Facilities District No. 95 (Summit @ Rosena Phase Two) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20153; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

377
Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

378
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
379
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 170,000$ Bond Service Funds Available 374,611$ Interest Payment 09/2025 201,103 Proposed Special Tax Levy 672,844 Administration Costs (2025) 43,297 Allowance for Delinquencies (20,185) Interest Payment 03/2026 196,853
Principal Payment 09/2026 175,000
Interest Payment 09/2026 196,853
Administration Costs (2026) 44,163
Total Costs 1,027,270$ Available Funds 1,027,270$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Lot Size (sq ft) Special Tax A Special Tax B Tax Rate 1 – Detached 4,001 or Greater 3,791.00$ 668.47$ 4,459.47$ 2 – Detached 3,801 to <4,001 3,577.00 668.47 4,245.47
3 – Detached 3,601 to <3,801 3,467.00 668.47 4,135.47
4 – Detached 3,401 to <3,601 3,416.00 668.47 4,084.47
5 – Detached 3,201 to <3,401 3,108.00 668.47 3,776.47
6 – Detached 3,001 to <3,201 3,080.00 668.47 3,748.47
7 – Detached 2,801 to <3,001 3,035.00 668.47 3,703.47
8 – Detached 2,601 to <2,801 2,880.00 668.47 3,548.47
9 – Detached 2,401 to <2,601 2,758.00 668.47 3,426.47
10 – Detached 2,201 to <2,401 2,669.00 668.47 3,337.47
11 – Detached 2,001 to <2,201 2,661.00 668.47 3,329.47
12 – Detached 1,801 to <2,001 2,446.00 668.47 3,114.47
13 – Detached 1,601 to <1,801 2,327.00 668.47 2,995.47
14 – Detached 1,401 to <1,601 2,185.00 668.47 2,853.47
15 – Detached Less than 1,401 2,163.00 668.47 2,831.47
16 – Attached 1,801 or Greater 2,320.00 640.15 2,960.15 17 – Attached 1,601 to <1,801 2,193.00 640.15 2,833.15
18 – Attached 1,401 to <1,601 2,059.00 640.15 2,699.15
19 – Attached 1,201 to <1,401 1,759.00 640.15 2,399.15
20 – Attached 1,001 to <1,201 1,609.00 640.15 2,249.15
21 – Attached Less than 1,001 1,506.00 640.15 2,146.15
22 - Non-Residential 24,510.00 7,069.92 31,579.92
Total Proposed Levy 672,844$ 183,773$ 856,617$
Exhibit "A"
City of Fontana
Community Facilities District No. 95
Summit @ Rosena Phase 2
380
Exhibit "A"
City of Fontana
Community Facilities District No. 95
Summit @ Rosena Phase 2
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – Detached 4,001 or Greater 61,582$ 4,399$ 62,433$ 4,459$ 1% 2 – Detached 3,801 to <4,001 - 4,185 - 4,245 1%
3 – Detached 3,601 to <3,801 - 4,075 - 4,135 1%
4 – Detached 3,401 to <3,601 28,166 4,024 28,591 4,084 2% 5 – Detached 3,201 to <3,401 85,461 3,716 86,859 3,776 2% 6 – Detached 3,001 to <3,201 44,252 3,688 44,982 3,748 2% 7 – Detached 2,801 to <3,001 43,712 3,643 44,442 3,703 2% 8 – Detached 2,601 to <2,801 41,852 3,488 42,582 3,548 2% 9 – Detached 2,401 to <2,601 - 3,366 - 3,426 2%
10 – Detached 2,201 to <2,401 - 3,277 - 3,337 2%
11 – Detached 2,001 to <2,201 39,224 3,269 39,954 3,329 2% 12 – Detached 1,801 to <2,001 67,181 3,054 68,518 3,114 2% 13 – Detached 1,601 to <1,801 88,041 2,935 89,864 2,995 2% 14 – Detached 1,401 to <1,601 44,683 2,793 45,656 2,853 2% 15 – Detached Less than 1,401 - 2,771 - 2,831 2%
16 – Attached 1,801 or Greater 58,039 2,902 59,203 2,960 2% 17 – Attached 1,601 to <1,801 55,499 2,775 56,663 2,833 2% 18 – Attached 1,401 to <1,601 - 2,641 - 2,699 2%
19 – Attached 1,201 to <1,401 140,457 2,341 143,949 2,399 2% 20 – Attached 1,001 to <1,201 - 2,191 - 2,249 3%
21 – Attached Less than 1,001 41,759 2,088 42,923 2,146 3% 22 - Non-Residential - 30,937 - 31,580 2%
839,910$ 856,617$
FY 2024 - 2025 FY 2025 - 2026
381
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 95
(SUMMIT @ ROSENA PHASE ONE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 95 (Summit @ Rosena Phase Two) (“CFD No. 95”) and collected each fiscal year commencing in Fiscal Year 2019-2020, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 95, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

382
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached - 4,001 or Greater Unit $ 3,791.00 $ 3,791.00 $ 53,074 2 – Detached - 3,801 to <4,001 Unit 3,577.00 3,577.00 0 3 – Detached - 3,601 to <3,801 Unit 3,467.00 3,467.00 0 4 – Detached - 3,401 to <3,601 Unit 3,416.00 3,416.00 23,912 5 – Detached - 3,201 to <3,401 Unit 3,108.00 3,108.00 71,484 6 – Detached - 3,001 to <3,201 Unit 3,080.00 3,080.00 36,960 7 – Detached - 2,801 to <3,001 Unit 3,035.00 3,035.00 36,420 8 – Detached - 2,601 to <2,801 Unit 2,880.00 2,880.00 34,560 9 – Detached - 2,401 to <2,601 Unit 2,758.00 2,758.00 0 10 – Detached - 2,201 to <2,401 Unit 2,669.00 2,669.00 0 11 – Detached - 2,001 to <2,201 Unit 2,661.00 2,661.00 31,932 12 – Detached - 1,801 to <2,001 Unit 2,446.00 2,446.00 53,812 13 – Detached - 1,601 to <1,801 Unit 2,327.00 2,327.00 69,810 14 – Detached - Less than 1,601 Unit 2,185.00 2,185.00 34,960 15 – Attached - 1,801 or Greater Unit 2,320.00 2,320.00 46,400 16 – Attached - 1,601 to <1,801 Unit 2,193.00 2,193.00 43,860 17 – Attached - 1,401 to <1,601 Unit 2,059.00 2,059.00 0 18 – Attached - 1,201 to <1,401 Unit 1,759.00 1,759.00 105,540 19 – Attached - 1,001 to <1,201 Unit 1,609.00 1,609.00 0 20 – Attached - Less than 1,001 Unit 1,506.00 1,506.00 30,120 21 – Non-Residential Property Acre 24,510.00 24,510.00 0

$ 672,844

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2019-2020 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

383
B-3
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at up to 100% the Maximum Facilities Special Tax A for Taxable Public Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 95 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 95 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued for private residential use be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 95 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached Residential Subdivision
2 – Attached Residential Subdivision
Unit
Unit
$ 929.08
889.67
$ 668.47
640.15
$ 106,955
76,818
3 – Non-Residential Property Acre 9,279.58 0.00 0

$ 183,773
384
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Commencing July 1, 2019, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, and Non-Residential Property shall be increased by two percent (2%).

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2019-2020 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

385
386
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0403 Agenda Date: 7/22/2025
Agenda #: AI. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2025-2026 RECOMMENDATION:

Adopt Resolution No. 2025-071, Authorizing the Levy of Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 99 (The Retreat) was established by Resolution No. 2020-082 on July 14, 2020, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $4,630,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1844 approved and adopted by the City Council on July 28, 2020.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax); The proposed Fiscal Year 2025-2026 special tax rates are shown in Exhibit A.

The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as prior year.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates are the same as the prior year and will City of Fontana Printed on 7/15/2025Page 1 of 2
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File #: 25-0403 Agenda Date: 7/22/2025
Agenda #: AI. Category: Consent Calendar
generate approximately $384,661 for public facility expense.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 99 (THE RETREAT) FOR
FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 99; and

WHEREAS, on July 14, 2020, Community Facilities District No. 99 (The Retreat) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20228; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

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Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

390
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
391
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 85,000$ Bond Service Funds Available 216,295$ Interest Payment 09/2025 113,750 Proposed Special Tax Levy 384,661 Administration Costs (2025) 40,800 Allowance for Delinquencies (11,540) Interest Payment 03/2026 111,625
Principal Payment 09/2026 85,000
Interest Payment 09/2026 111,625
Administration Costs (2026) 41,616
Total Costs 589,416$ Available Funds 589,416$
Schedule 2
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification
(Land Use) Special Tax Rate Special Tax Rate
1 – Detached 2,000 or Greater 63,644$ 2,273.00$ 63,644$ 2,273.00$ 0% 2 – Detached 1,850 to <2,000 84,740 2,230.00 84,740 2,230.00 0% 3 – Detached 1,700 to <1,850 61,236 2,187.00 61,236 2,187.00 0% 4 – Detached Less than 1,700 - 2,151.00 - 2,151.00 0%
5 – Attached 1,850 or Greater 68,324 2,204.00 68,324 2,204.00 0% 6 – Attached 1,700 to <1,850 38,960 1,948.00 38,960 1,948.00 0% 7 – Attached 1,550 to <1,700 16,425 1,825.00 16,425 1,825.00 0% 8 – Attached 1,400 to <1,550 - 1,552.00 - 1,552.00 0%
9 – Attached 1,250 to <1,400 29,678 1,349.00 29,678 1,349.00 0% 10 – Attached Less than 1,250 21,654 1,203.00 21,654 1,203.00 0% 11 - Non-Residential - 67,080.00 - 67,080.00 0%
384,661$ 384,661$
Percent Rate
Change
City of Fontana
Community Facilities District No. 99
The Retreat
Exhibit A
FY 2024 - 2025 FY 2025 - 2026
392
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 99
(THE RETREAT)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 99 (The Retreat) (“CFD No. 99”) and collected each fiscal year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 99, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached 2,000 or Greater Unit $ 2,273.00 $ 2,273.00 $ 63,644 2 – Detached 1,850 to <2,000 Unit 2,230.00 2,230.00 84,740 3 – Detached 1,700 to <1,850 Unit 2,187.00 2,187.00 61,236 4 – Detached Less than 1,700 Unit 2,151.00 2,151.00 0 5 – Attached 1,850 or Greater Unit 2,204.00 2,204.00 68,324 6 – Attached 1,700 to <1,850 Unit 1,948.00 1,948.00 38,960 7 – Attached 1,550 to <1,700 Unit 1,825.00 1,825.00 16,425 8 – Attached 1,400 to <1,550 Unit 1,552.00 1,552.00 0 9 – Attached 1,250 to <1,400 Unit 1,349.00 1,349.00 29,678 10 – Attached Less than 1,250 Unit 1,203.00 1,203.00 21,654 11 - Non-Residential Acre 67,080.00 67,080.00 0

$ 384,661

393
B-2

Method of Apportionment of the Special Tax

Commencing with Fiscal year 2020-2021, and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall provide for the levy of the Special Tax each Fiscal Year as follows:

First: The Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property;

Third: additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement;

Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 99 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 99 Bonds (except refunding bonds) to be supported by the Special Tax.

Further notwithstanding the above, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 99 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Special Tax on each Assessor’s Parcel of Non-Residential Property shall 394
B-3
continue in equal percentages up to 100% of the applicable Maximum Special Tax.

395
396
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0404 Agenda Date: 7/22/2025
Agenda #: AJ. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2025-2026 RECOMMENDATION:

Adopt Resolution No. 2025-072, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 100 (Victoria) was established by Resolution No. 2020-157 on December 8, 2020, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $8,000,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1859 approved and adopted by the City Council on January 12, 2021.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B). The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A.

The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as prior year.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

City of Fontana Printed on 7/15/2025Page 1 of 2
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File #: 25-0404 Agenda Date: 7/22/2025
Agenda #: AJ. Category: Consent Calendar
FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates are the same as the prior year and will generate approximately $522,945; $439,955 for public facility expenses and $82,990 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/15/2025Page 2 of 2
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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 100 (VICTORIA) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 100; and

WHEREAS, on December 8, 2020, Community Facilities District No. 100 (Victoria) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20239; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

399
Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

400
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
401
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 90,000$ Bond Service Funds Available 237,056$ Interest Payment 09/2025 135,838 Proposed Special Tax Levy 439,955 Administration Costs (2025) 40,000 Allowance for Delinquencies (13,199) Interest Payment 03/2026 133,588
Principal Payment 09/2026 90,000
Interest Payment 09/2026 133,588
Administration Costs (2026) 40,800
Total Costs 663,813$ Available Funds 663,813$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Tax Classification Total Special
(Land Use) Special Tax A Special Tax B Tax Rate
1 – Alley Load Product 2,348.00$ 430.00$ 2,778.00$
2 – Cluster Product 2,229.00 430.00 2,659.00
3 – Non-Residential Property 31,660.00 5,980.00 37,640.00 Undeveloped Property - - -
Total Proposed Levy 439,955$ 82,990$ 522,945$
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – Alley Load Product 227,796$ 2,778.00$ 227,796$ 2,778.00$ 0% 2 – Cluster Product 295,149 2,659.00 295,149 2,659.00 0% 3 – Non-Residential Property - 37,640.00 - 37,640.00 0% Undeveloped Property - - - - 0%
522,945$ 522,945$
Exhibit "A"
City of Fontana
Community Facilities District No. 100
Victoria
FY 2024 - 2025 FY 2025 - 2026
402
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 100
(VICTORIA)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 100 (Victoria) (“CFD No. 100”) and collected each fiscal year commencing in Fiscal Year 2022-2023, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 100, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

403
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Alley Load Product Unit $ 2,348.00 $ 2,348.00 $ 192,536 2 – Cluster Product Unit 2,229.00 2,229.00 247,419
3 – Non-Residential Property Unit 31,660.00 31,660.00 0

$ 439,955

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2021-2022 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at up to 100% the Maximum Facilities Special Tax A for Taxable Public Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to 404
B-3
provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 100 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 100 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued for private residential use be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 100 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached Residential Subdivision
2 – Non-Residential Property
Unit
Unit
$ 662.45
9,208.03
$ 430.00

0.00 $ 82,990
0 $ 82,990

Commencing July 1, 2021, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, and Non-Residential Property shall be increased by two percent (2%).

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2021-2022 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;
405
B-4

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

406
407
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0405 Agenda Date: 7/22/2025
Agenda #: AK. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 106 (Mountainview) for Fiscal Year 2025- 2026
RECOMMENDATION:

Adopt Resolution No. 2025-073, Authorizing the Levy of Special Tax in Community Facilities District No.106 (Mountainview) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 106 (Mountainview) was established by Resolution No. 2021-059 on July 13, 2021, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $6,785,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1872 approved and adopted by the City Council on July 27, 2021.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B). The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A.

The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as prior year.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

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File #: 25-0405 Agenda Date: 7/22/2025
Agenda #: AK. Category: Consent Calendar
FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates are the same as the prior year and will generate approximately $619,540; $527,500 for public facility expenses and $92,040 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 106 (MOUNTAINVIEW) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 106; and

WHEREAS, on July 13, 2021, Community Facilities District No. 106 (Mountainview) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20018; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

410
Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

411
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
412
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 130,000$ Bond Service Funds Available 293,677$ Interest Payment 09/2025 154,263$ Proposed Special Tax Levy 527,500 Administration Costs (2025) 41,616 Allowance for Delinquencies (15,825) Interest Payment 03/2026 151,013
Principal Payment 09/2026 135,000
Interest Payment 09/2026 151,013
Administration Costs (2026) 42,448
Total Costs 805,352$ Available Funds 805,352$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Lot Size (sq ft) Special Tax A Special Tax B Tax Rate 1 – 2,700 or Greater 3,618.00$ 590.00$ 4,208.00$
2 – 2,550 to less than 2,700 3,547.00 590.00 4,137.00
3 – 2,400 to less than 2,550 3,501.00 590.00 4,091.00
4 – 2,250 to less than 2,400 3,434.00 590.00 4,024.00
5 – 2,100 to less than 2,250 3,367.00 590.00 3,957.00
6 – 1,950 to less than 2,100 3,276.00 590.00 3,866.00
7 – 1,800 to less than 1,950 3,185.00 590.00 3,775.00
8 – 1,650 to less than 1,800 3,099.00 590.00 3,689.00
9 – 1,500 to less than 1,650 3,013.00 590.00 3,603.00
10 – Less than 1,500 2,984.00 590.00 3,574.00
11 – Non-Residential Property 25,180.00 4,420.00 29,600.00 Total Proposed Levy 527,500$ 92,040$ 619,540$
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – 2,700 or Greater 84,160$ 4,208.00$ 84,160$ 4,208.00$ 0% 2 – 2,550 to less than 2,700 140,658 4,137.00 140,658 4,137.00 0% 3 – 2,400 to less than 2,550 110,457 4,091.00 110,457 4,091.00 0% 4 – 2,250 to less than 2,400 - 4,024.00 - 4,024.00 0%
5 – 2,100 to less than 2,250 110,796 3,957.00 110,796 3,957.00 0% 6 – 1,950 to less than 2,100 - 3,866.00 - 3,866.00 0%
7 – 1,800 to less than 1,950 90,600 3,775.00 90,600 3,775.00 0% 8 – 1,650 to less than 1,800 - 3,689.00 - 3,689.00 0%
9 – 1,500 to less than 1,650 82,869 3,603.00 82,869 3,603.00 0% 10 – Less than 1,500 - 3,574.00 - 3,574.00 0%
11 – Non-Residential Property - 29,600.00 - 29,600.00 0% Undeveloped Property - - - -
619,540$ 619,540$
Exhibit "A"
City of Fontana
Community Facilities District No. 106
Mountainview
FY 2024 - 2025 FY 2025 - 2026
413
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 106
(MOUNTAINVIEW)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 106 (Mountainview) (“CFD No. 106”) and collected each fiscal year commencing in Fiscal Year 2021-2022, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 106, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

414
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – 2,700 or Greater Unit $ 3,618.00 $ 3,618.00 $ 72,360 2 – 2,550 to less than 2,700 Unit 3,547.00 3,547.00 120,598 3 – 2,400 to less than 2,550 Unit 3,501.00 3,501.00 94,527 4 – 2,250 to less than 2,400 Unit 3,434.00 3,434.00 0 5 – 2,100 to less than 2,250 Unit 3,367.00 3,367.00 94,276 6 – 1,950 to less than 2,100 Unit 3,276.00 3,276.00 0 7 – 1,800 to less than 1,950 Unit 3,185.00 3,185.00 76,440 8 – 1,650 to less than 1,800 Unit 3,099.00 3,099.00 0 9 – 1,500 to less than 1,650 Unit 3,013.00 3,013.00 69,299 10 – Less than 1,500 Unit 2,984.00 2,984.00 0
11 – Non-Residential Property Acre 25,180.00 25,180.00 0

$ 527,500

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2021-2022 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities 415
B-3
Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at up to 100% the Maximum Facilities Special Tax A for Taxable Public Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 106 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 106 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied against any Assessor’s Parcel of Residential Property for which a Certificate of Occupancy has been issued for private residential use be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 106 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached Residential Subdivision
2 – Non-Residential Property
Unit
Unit
$ 898.42
6,732.73
$ 590.00

0.00 $ 92,040
0 $ 92,040

Commencing July 1, 2022, and each July 1 thereafter, the Maximum Special Tax rates for Special Tax B for Residential Property, and Non-Residential Property shall be increased by two percent (2%).

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2021-2022 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services 416
B-4
Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

417

SOUTHERN CALIFORNIAEDISON PROPERTYSOUTHERN CALIFORNIAEDISON PROPERTY TRACT NO. 16872M.B.309/11-14TRACT NO. 16872M.B.309/11-14 J:\126-2596\Exhibits\CFD\CFD_TM20018.dwg, 2/3/2021 3:57:11 PM, gbarron 418
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0406 Agenda Date: 7/22/2025
Agenda #: AL. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 107 (Highland) for Fiscal Year 2025-2026 RECOMMENDATION:

Adopt Resolution No. 2025-074, Authorizing the Levy of Special Tax in Community Facilities District No.107 (Highland) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 107 (Highland) was established by Resolution No. 2021-112 on October 26, 2021, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $6,785,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1875 approved and adopted by the City Council on November 9, 2021.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B).

The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments and administration costs (Exhibit A, Schedule 1).

The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.

A comparison of the total special tax levy and rates (Special Tax A and Special Tax B) for Fiscal Year 2024-2025 and Fiscal Year 2025-2026 is outlined in Exhibit A, Schedule 3.

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File #: 25-0406 Agenda Date: 7/22/2025
Agenda #: AL. Category: Consent Calendar
The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as the prior year.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates are the same as the prior year and will generate approximately $340,046; $300,135 for public facility expenses and $39,911 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 107 (HIGHLAND) FOR
FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 107; and

WHEREAS, on October 26, 2021, Community Facilities District No. 107 (Highland) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20349 and 20297; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

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Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

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Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
423
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 35,000$ Bond Service Funds Available 157,544$ Interest Payment 09/2025 89,875 Proposed Special Tax Levy 300,135 Administration Costs (2025) 40,000 Allowance for Delinquencies (9,004) Interest Payment 03/2026 89,000
Principal Payment 09/2026 65,000
Interest Payment 09/2026 89,000
Administration Costs (2026) 40,800
Total Costs 448,675$ Available Funds 448,675$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Floor Area (sq ft) Special Tax A Special Tax B Tax Rate 1 – 2,150 or Greater 3,002.00$ 373.00$ 3,375.00$
2 – 2,000 to less than 2,150 2,974.00 373.00 3,347.00
3 – 1,850 to less than 2,000 2,882.00 373.00 3,255.00
4 – 1,700 to less than 1,850 2,834.00 373.00 3,207.00
5 – 1,550 to less than 1,700 2,731.00 373.00 3,104.00
6 – 1,400 to less than 1,550 2,427.00 373.00 2,800.00
7 – Less than 1,400 2,339.00 373.00 2,712.00
8 – Non-Residential Property 89,796.00 11,940.00 101,736.00 Undeveloped Property - - -
Total Proposed Levy 300,135$ 39,911$ 340,046$
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – 2,150 or Greater -$ 3,375.00$ -$ 3,375.00$ 0%
2 – 2,000 to less than 2,150 56,899 3,347.00 56,899 3,347.00 0% 3 – 1,850 to less than 2,000 136,710 3,255.00 139,965 3,255.00 0% 4 – 1,700 to less than 1,850 54,519 3,207.00 57,726 3,207.00 0% 5 – 1,550 to less than 1,700 40,352 3,104.00 43,456 3,104.00 0% 6 – 1,400 to less than 1,550 39,200 2,800.00 42,000 2,800.00 0% 7 – Less than 1,400 - 2,712.00 - 2,712.00 0%
8 – Non-Residential Property - 101,736.00 - 101,736.00 0% Undeveloped Property 1,492 373.00 - -
329,172$ 340,046$
Exhibit "A"
City of Fontana
Community Facilities District No. 107
Highland
FY 2024 - 2025 FY 2025 - 2026
424
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 107
(HIGHLAND)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 107 (Highland) (“CFD No. 107”) and collected each fiscal year commencing in Fiscal Year 2022-2023, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 107, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

425
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I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – 2,150 or Greater Unit $ 3,002.00 $ 3,002.00 $ 0 2 – 2,000 to less than 2,150 Unit 2,974.00 2,974.00 50,558 3 – 1,850 to less than 2,000 Unit 2,882.00 2,882.00 123,926 4 – 1,700 to less than 1,850 Unit 2,834.00 2,834.00 51,012 5 – 1,550 to less than 1,700 Unit 2,731.00 2,731.00 38,234 6 – 1,400 to less than 1,550 Unit 2,427.00 2,427.00 36,405 7 – Less than 1,400 Unit 2,339.00 2,339.00 0
8 – Non-Residential Property Acre 89,796.00 89,796.00 0

$ 300,135

*As amended. Notice of Special Tax Lien with amended rates recorded July 16, 2024.

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% 426
B-3
of the Maximum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 107 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 107 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 107 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Final Residential Subdivision
2 – Non-Residential Property
Unit
Acre
$ 562.86
18,022.50
$ 373.00

0.00 $ 39,911
0 $ 39,911

On each July 1, commencing on July 1, 2022, the Maximum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services 427
B-4
Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

428
429
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0407 Agenda Date: 7/22/2025
Agenda #: AM. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2025-2026 RECOMMENDATION:

Adopt Resolution No. 2025-075, Authorizing the Levy of Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 109 (Narra Hills) was established by Resolution No. 2022-047 on June 14, 2022, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $36,185,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1893 approved and adopted by the City Council on June 28, 2022.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B).

The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments and administration costs (Exhibit A, Schedule1).

The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.

A comparison of the total special tax levy and rates (Special Tax A and Special Tax B) for Fiscal Year 2024-2025 and Fiscal Year 2025-2026 is outlined in Exhibit A, Schedule 3.

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File #: 25-0407 Agenda Date: 7/22/2025
Agenda #: AM. Category: Consent Calendar
The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as prior year.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates are the same as the prior year and will generate approximately $2,844,923; $2,491,353 for public facility expenses and $353,570 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 109 (NARRA HILLS) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 109; and

WHEREAS, on June 14, 2022, Community Facilities District No. 109 (Narra Hills) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20010, 20069, and 20070; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

432
Resolution No. 2025-

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SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

433
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
434
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 350,000 $ Bond Service Funds Available 1,298,188 $ Interest Payment 09/2025 905,500 Proposed Special Tax Levy 2,491,353 Administration Costs (2025) 40,000 Allowance for Delinquencies (74,741) Interest Payment 03/2026 896,750
Principal Payment 09/2026 585,000
Interest Payment 09/2026 896,750
Administration Costs (2026) 40,800
Total Costs 3,714,800 $ Available Funds 3,714,800 $ Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Floor Area (sq ft) Special Tax A Special Tax B [1] Tax Rate 1 – Detached 4,400 or Greater 8,186.00 $ 734.83 $ 8,920.83 $ 2 – Detached 4,200 to <4,400 7,879.00 734.83 8,613.83 3 – Detached 4,000 to <4,200 7,736.00 734.83 8,470.83 4 – Detached 3,800 to <4,000 7,592.00 734.83 8,326.83 5 – Detached 3,600 to <3,800 7,238.00 734.83 7,972.83 6 – Detached 3,400 to <3,600 6,905.00 734.83 7,639.83 7 – Detached 3,200 to <3,400 6,551.00 734.83 7,285.83 8 – Detached 3,000 to <3,200 6,240.00 734.83 6,974.83 9 – Detached 2,800 to <3,000 6,103.00 734.83 6,837.83 10 – Detached 2,600 to <2,800 5,873.00 734.83 6,607.83 11 – Detached 2,400 to <2,600 5,666.00 734.83 6,400.83 12 – Detached 2,200 to <2,400 5,349.00 734.83 6,083.83 13 – Detached 2,000 to <2,200 5,118.00 734.83 5,852.83 14 – Detached Less than 2,000 4,876.00 734.83 5,610.83 15 – Attached 2,000 or Greater 4,074.00 718.00 4,792.00 16 – Attached 1,800 to <2,000 4,025.00 718.00 4,743.00 17 – Attached 1,600 to <1,800 3,762.00 718.00 4,480.00 18 – Attached 1,400 to <1,600 3,627.00 718.00 4,345.00 19 – Attached 1,200 to <1,400 3,445.00 718.00 4,163.00 20 – Attached Less than 1,200 3,320.00 718.00 4,038.00 21 – Non-Residential Property 36,640.00 4,880.00 41,520.00 Undeveloped Property - P.A. 1 - 734.83 734.83 Undeveloped Property - P.A. 4 - 718.00 718.00 Total Proposed Levy 2,491,353 $ 353,570 $ 2,844,923 $ Exhibit "A"
City of Fontana
Community Facilities District No. 109
Narra Hills
[1] Based on weighted average for detached units permitted through May 1, 2025. Detached units in Planning Area 3 are subject to a lower Services Special Tax.
435
Exhibit "A"
City of Fontana
Community Facilities District No. 109
Narra Hills
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – Detached 4,400 or Greater - $ 8,920.83 $ - $ 8,920.83 $ 0% 2 – Detached 4,200 to <4,400 111,980 8,613.83 146,435 8,613.83 0% 3 – Detached 4,000 to <4,200 - 8,470.83 - 8,470.83 0% 4 – Detached 3,800 to <4,000 108,249 8,326.83 149,883 8,326.83 0% 5 – Detached 3,600 to <3,800 135,538 7,972.83 207,294 7,972.83 0% 6 – Detached 3,400 to <3,600 - 7,639.83 - 7,639.83 0% 7 – Detached 3,200 to <3,400 160,288 7,285.83 189,432 7,285.83 0% 8 – Detached 3,000 to <3,200 348,741 6,974.83 551,011 6,974.83 0% 9 – Detached 2,800 to <3,000 170,946 6,837.83 13,676 6,837.83 0% 10 – Detached 2,600 to <2,800 171,804 6,607.83 171,804 6,607.83 0% 11 – Detached 2,400 to <2,600 198,426 6,400.83 198,426 6,400.83 0% 12 – Detached 2,200 to <2,400 249,437 6,083.83 279,856 6,083.83 0% 13 – Detached 2,000 to <2,200 374,581 5,852.83 374,581 5,852.83 0% 14 – Detached Less than 2,000 - 5,610.83 - 5,610.83 0% 15 – Attached 2,000 or Greater - 4,792.00 - 4,792.00 0% 16 – Attached 1,800 to <2,000 - 4,743.00 - 4,743.00 0% 17 – Attached 1,600 to <1,800 174,720 4,480.00 250,880 4,480.00 0% 18 – Attached 1,400 to <1,600 169,455 4,345.00 243,320 4,345.00 0% 19 – Attached 1,200 to <1,400 37,467 4,163.00 49,956 4,163.00 0% 20 – Attached Less than 1,200 - 4,038.00 - 4,038.00 0% 21 – Non-Residential Property - 41,520.00 - 41,520.00 0% Undeveloped Property - P.A. 1 42,620 734.83 18,371 734.83 Undeveloped Property - P.A. 4 26,566 718.00 - 718.00 2,480,817 $ 2,844,923 $
FY 2024 - 2025 FY 2025 - 2026
436
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 109
(NARRA HILLS)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 109 (Narra Hills) (“CFD No. 109”) and collected each fiscal year commencing in Fiscal Year 2022-2023, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 109, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

437
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Detached 4,400 or Greater Unit $ 8,186.00 $ 8,186.00 $ 0 2 – Detached 4,200 to <4,400 Unit 7,879.00 7,879.00 133,943 3 – Detached 4,000 to <4,200 Unit 7,736.00 7,736.00 0 4 – Detached 3,800 to <4,000 Unit 7,592.00 7,592.00 136,656 5 – Detached 3,600 to <3,800 Unit 7,238.00 7,238.00 188,188 6 – Detached 3,400 to <3,600 Unit 6,905.00 6,905.00 0 7 – Detached 3,200 to <3,400 Unit 6,551.00 6,551.00 170,326 8 – Detached 3,000 to <3,200 Unit 6,240.00 6,240.00 492,960 9 – Detached 2,800 to <3,000 Unit 6,103.00 6,103.00 12,206 10 – Detached 2,600 to <2,800 Unit 5,873.00 5,873.00 152,698 11 – Detached 2,400 to <2,600 Unit 5,666.00 5,666.00 175,646 12 – Detached 2,200 to <2,400 Unit 5,349.00 5,349.00 246,054 13 – Detached 2,000 to <2,200 Unit 5,118.00 5,118.00 327,552 14 – Detached Less than 2,000 Unit 4,876.00 4,876.00 0 15 – Attached 2,000 or Greater Unit 4,074.00 4,074.00 0 16 – Attached 1,800 to <2,000 Unit 4,025.00 4,025.00 0 17 – Attached 1,600 to <1,800 Unit 3,762.00 3,762.00 210,672 18 – Attached 1,400 to <1,600 Unit 3,627.00 3,627.00 203,112 19 – Attached 1,200 to <1,400 Unit 3,445.00 3,445.00 41,340 20 – Attached Less than 1,200 Unit 3,320.00 3,320.00 0 21 – Non-Residential Property Acre 36,640.00 36,640.00 0

$ 2,491,353

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose 438
B-3
Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 109 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 109 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 109 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

439
B-4
II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – P.A. 1 Final Residential Subdivision Unit $ 1,103.66 $ 744.00 $ 115,320 2 – P.A. 2 Final Residential Subdivision Unit 1,103.66 744.00 58,032 3 – P.A. 3 Final Residential Subdivision Unit 1,066.51 718.00 91,186 4 – P.A. 4 Final Residential Subdivision Unit 1,066.51 718.00 89,032 5 – Non-Residential Property Acre 7,248.05 0.00 0

$ 353,570

On each July 1, commencing on July 1, 2023, the Maximum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

440
PROPOSED BOU NDARIES OF CITY OF FONTANA COMMU NITY FACILITIES DISTRICT NO. 109 (NARRA H ILLS)

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

REFERENCE IS HEREBY MADE TO THE ASSESSOR MAPS OF SAN

BERNARDINO COUNTY FOR A DESCRIPTION OF THE LINES AND
DIMENSIONS OF THE PARCELS LISTED BELOW :
0226-075-13
0226-075-17
0226-075-18
0226-075-26
0226-075-27
0226-075-28
0226-075-29
0226-075-36
0226-075-39
0226-075-49
0226-075-50
0226-075-51
PROPOSED BOU NDARIES:

CITY CLERK'S CERTIFICATE

SAN BERNARDINO COU NTY

RECORDER'S CERTIFICATE

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FONTANA THIS ____ DAY OF ________, 2022.
_____________________________________

CITY CLERK OF THE CITY OF FONTANA

I HEREBY CERTIFY THAT THE W ITHIN MAP SHOW ING THE PROPOSED

BOUNDARIES OF CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 109 (NARRA HILLS), SAN BERNARDINO COUNTY, STATE OF

CALIFORNIA, W AS APPROVED BY THE CITY COUNCIL OF THE CITY OF FONTANA AT A REGULAR MEETING THEREOF, HELD ON THIS______ DAY OF ___________ , 2022, BY ITS RESOLUTION NO. _______________. _____________________________________

CITY CLERK OF THE CITY OF FONTANA
FILED THIS ____ DAY OF ____________, 2022, AT THE HOUR OF _____ O'CLOCK __M, IN BOOK __________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE __________ AND UNDER DOCUMENT NO. ________________, IN THE OFFICE OF THE COUNTY

RECORDER IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AT THE REQUEST OF THE CITY OF FONTANA, IN THE AMOUNT OF $______.

BOB DUTTON, ASSESSOR-RECORDER

SAN BERNARDINO COUNTY
BY: ______________________________

DEPUTY RECORDER

CFD BOUNDARY
300'0 900'
150' 600' 1200'
Prepared by
DTA
PROPOSED BOU NDARIES OF CITY OF FONTANA COMMU NITY FACILITIES DISTRICT NO. 109 (NARRA H ILLS)

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

THE PROPOSED BOUNDARIES OF CITY OF FONTANA COMMUNITY
FACILITIES DISTRICT NO. 109 (NARRA HILLS) CONTAINS 137.33 ACRES OF LAND, MORE OR LESS.

CFD BOUNDARY

CFD BOUNDARY

CFD BOUNDARY
DUNCAN

CANYON ROAD

COYOT E

HAW K RIDGE
0226-075-13
0226-075-17
0226-075-18
0226-075-26
0226-075-27
0226-075-28
0226-075-29
0226-075-39
0226-075-49
0226-075-50
0226-075-51
441
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0408 Agenda Date: 7/22/2025
Agenda #: AN. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2025-2026 RECOMMENDATION:

Adopt Resolution No. 2025-076, Authorizing the Levy of Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 111 (Monterado) was established by Resolution No. 2022-117 on September 13, 2022, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $7,300,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1904 approved and adopted by the City Council on September 27, 2022.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B).

The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments and administration costs (Exhibit A, Schedule 1).

The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.

A comparison of the total special tax levy and rates (Special Tax A and Special Tax B) for Fiscal Year 2024-2025 and Fiscal Year 2025-2026 is outlined in Exhibit A, Schedule 3.

City of Fontana Printed on 7/15/2025Page 1 of 2
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File #: 25-0408 Agenda Date: 7/22/2025
Agenda #: AN. Category: Consent Calendar
The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B) and are the same as prior year.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates are the same as the prior year and will generate approximately $668,919; $596,451 for public facility expenses and $72,468 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 111 (MONTERADO) FOR
FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 111; and

WHEREAS, on September 13, 2022, Community Facilities District No. 111 (Monterado) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20224; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

444
Resolution No. 2025-

Page 2 of 3 ends

SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

445
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
446
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 125,000$ Bond Service Funds Available 320,618$ Interest Payment 09/2025 189,875 Proposed Special Tax Levy 596,451 Administration Costs (2025) 40,000 Allowance for Delinquencies (17,894) Interest Payment 03/2026 186,750
Principal Payment 09/2026 130,000
Interest Payment 09/2026 186,750
Administration Costs (2026) 40,800
Total Costs 899,175$ Available Funds 899,175$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Floor Area (sq ft) Special Tax A Special Tax B Tax Rate 1 – 2,250 or Greater 3,258.00$ 366.00$ 3,624.00$
2 – 2,050 to less than 2,250 3,218.00 366.00 3,584.00
3 – 1,850 to less than 2,050 3,031.00 366.00 3,397.00
4 – 1,650 to less than 1,850 2,940.00 366.00 3,306.00
5 – Less than 1,650 2,907.00 366.00 3,273.00
6 – Non-Residential Property 51,640.00 6,270.00 57,910.00 Undeveloped Property - - -
Total Proposed Levy 596,451$ 72,468$ 668,919$
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – 2,250 or Greater -$ 3,624.00$ -$ 3,624.00$ 0%
2 – 2,050 to less than 2,250 96,768 3,584.00 96,768 3,584.00 0% 3 – 1,850 to less than 2,050 254,775 3,397.00 254,775 3,397.00 0% 4 – 1,650 to less than 1,850 317,376 3,306.00 317,376 3,306.00 0% 5 – Less than 1,650 - 3,273.00 - 3,273.00 0%
6 – Non-Residential Property - 57,910.00 - 57,910.00 0% Undeveloped Property - - - - 0%
668,919$ 668,919$
Exhibit "A"
City of Fontana
Community Facilities District No. 111
Monterado
FY 2024 - 2025 FY 2025 - 2026
447
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 111
(MONTERADO)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 111 (Monterado) (“CFD No. 111”) and collected each fiscal year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 111, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

448
B-2
I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – 2,250 or Greater Unit $ 3,258.00 $ 3,258.00 $ 0 2 – 2,050 to less than 2,250 Unit 3,218.00 3,218.00 86,886 3 – 1,850 to less than 2,050 Unit 3,031.00 3,031.00 227,325 4 – 1,650 to less than 1,850 Unit 2,940.00 2,940.00 282,240 5 – Less than 1,650 Unit 2,907.00 2,907.00 0
6 – Non-Residential Property Acre 51,640.00 51,640.00 0

$ 596,451

Method of Apportionment of Special Tax A

Commencing with Fiscal year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement for Facilities;
449
B-3
Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 111 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 111 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 111 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Final Residential Subdivision
2 – Non-Residential Property
Unit
Acre
$ 541.22
9,317.41
$ 366.00

0.00 $ 72,468
0 $ 72,468

On each July 1, commencing on July 1, 2023, the Maximum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

450
B-4
First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

451
452
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0409 Agenda Date: 7/22/2025
Agenda #: AO. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2025-2026
RECOMMENDATION:

Adopt Resolution No. 2025-077, Authorizing the Levy of Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 112 (The Gardens Phase One) was established by Resolution No. 2023-028 on April 25, 2023, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $28,400,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1913 approved and adopted by the City Council on December 20, 2022.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B).

The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments and administration costs (Exhibit A, Schedule1).

The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.

A comparison of the total special tax levy and rates (Special Tax A and Special Tax B) for Fiscal Year City of Fontana Printed on 7/17/2025Page 1 of 2
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453
File #: 25-0409 Agenda Date: 7/22/2025
Agenda #: AO. Category: Consent Calendar
2024-2025 and Fiscal Year 2025-2026 is outlined in Exhibit A, Schedule 3.

The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B). Special tax rates A (bond) is the same as prior year and special tax rate B (maintenance) will increase by 2% ($11.52) per parcel.

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax A rates are the same as the prior year while special tax B rates will increase by 2%. This will generate approximately $2,545,043; $2,240,463 for public facility expenses and $304,580 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 112 (THE GARDENS PHASE ONE) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 112; and

WHEREAS, on April 25, 2023, Community Facilities District No. 112 (The Gardens Phase One) Special Tax Bonds, were approved for the acquisition of the improvements in Tracts 20362, 20363, and 20364; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

455
Resolution No. 2025-

Page 2 of 3 ends

SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

456
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
457
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Principal Payment 09/2025 769,750 $ Bond Service Funds Available 1,371,801 $ Interest Payment 09/2025 700,000 Proposed Special Tax Levy 2,240,463 Administration Costs (2025) 40,000 Allowance for Delinquencies (67,214) Interest Payment 03/2026 752,250
Principal Payment 09/2026 490,000
Interest Payment 09/2026 752,250
Administration Costs (2026) 40,800
Total Costs 3,545,050 $ Available Funds 3,545,050 $ Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Floor Area (sq ft) Special Tax A Special Tax B Tax Rate 1 – Two Story 3,400 or Greater 5,626.00 $ 587.52 $ 6,213.52 $ 2 – Two Story 3,200 to <3,400 5,417.00 587.52 6,004.52
3 – Two Story 3,000 to <3,200 5,208.00 587.52 5,795.52
4 – Two Story 2,800 to <3,000 5,007.00 587.52 5,594.52
5 – Two Story 2,600 to <2,800 4,883.00 587.52 5,470.52
6 – Two Story 2,400 to <2,600 4,381.00 587.52 4,968.52
7 – Two Story 2,200 to <2,400 4,164.00 587.52 4,751.52
8 – Two Story Less than 2,200 3,947.00 587.52 4,534.52
9 – One Story 2,000 or Greater 4,829.00 587.52 5,416.5 2 10 – One Story Less than 2,000 4,613.00 587.52 5,200.5 2 11 – 1,900 or Greater 3,845.00 561.00 4,406.00
12 – 1,700 to <1,900 3,414.00 561.00 3,975.00
13 – 1,500 to <1,700 2,953.00 561.00 3,514.00
14 – 1,300 to <1,500 2,768.00 561.00 3,329.00
15 – Less than 1,300 2,583.00 561.00 3,144.00
16 – Non-Residential Property 55,240.00 5,691.60 60,93 1.60 17 – Non-Residential Property 50,260.00 5,691.60 55,95 1.60 18 – Non-Residential Property 63,050.00 5,691.60 68,74 1.60 19 – Non-Residential Property 40,030.00 5,691.60 45,72 1.60 Undeveloped Property - P.A. 5, 6 - - - Undeveloped Property - P.A. 7, 8, 9, 10 - - - Total Proposed Levy 2,240,463 $ 304,580 $ 2,545,043 $ Exhibit "A"
City of Fontana
Community Facilities District No. 112
The Gardens Phase One
458
Exhibit "A"
City of Fontana
Community Facilities District No. 112
The Gardens Phase One
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – Two Story 3,400 or Greater - $ 6,202.00 $ - $ 6,213.52 $ 0% 2 – Two Story 3,200 to <3,400 269,685 5,993.00 276,208 6,004.52 0% 3 – Two Story 3,000 to <3,200 196,656 5,784.00 197,048 5,795.52 0% 4 – Two Story 2,800 to <3,000 362,895 5,583.00 380,427 5,594.52 0% 5 – Two Story 2,600 to <2,800 185,606 5,459.00 191,468 5,470.52 0% 6 – Two Story 2,400 to <2,600 267,678 4,957.00 308,048 4,968.52 0% 7 – Two Story 2,200 to <2,400 293,880 4,740.00 342,109 4,751.52 0% 8 – Two Story Less than 2,200 22,615 4,523.00 - 4,534.52 0% 9 – One Story 2,000 or Greater 59,455 5,405.00 97,497 5,416.52 0% 10 – One Story Less than 2,000 93,402 5,189.00 119,612 5,200.52 0% 11 – 1,900 or Greater 61,530 4,395.00 88,120 4,406.00 0% 12 – 1,700 to <1,900 162,524 3,964.00 210,675 3,975.00 0% 13 – 1,500 to <1,700 322,276 3,503.00 333,830 3,514.00 0% 14 – 1,300 to <1,500 - 3,318.00 - 3,329.00 0% 15 – Less than 1,300 - 3,133.00 - 3,144.00 0% 16 – Non-Residential Property - 60,820.00 - 60,931.60 0% 17 – Non-Residential Property - 55,840.00 - 55,951.60 0% 18 – Non-Residential Property - 68,630.00 - 68,741.60 0% 19 – Non-Residential Property - 45,610.00 - 45,721.60 0% Undeveloped Property - P.A. 5, 6 11,550 550.00 - - Undeveloped Property - P.A. 7, 8, 9, 10 17,280 576.00 - - 2,327,032 $ 2,545,043 $
FY 2024 - 2025 FY 2025 - 2026
459
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 112
(THE GARDENS PHASE ONE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 112 (The Gardens Phase One) (“CFD No. 112”) and collected each fiscal year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 112, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

460
B-2

I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Two Story 3,400 or Greater Unit $ 5,626.00 $ 5,626.00 $ 0 2 – Two Story 3,200 to <3,400 Unit 5,417.00 5,417.00 249,182 3 – Two Story 3,000 to <3,200 Unit 5,208.00 5,208.00 177,072 4 – Two Story 2,800 to <3,000 Unit 5,007.00 5,007.00 340,476 5 – Two Story 2,600 to <2,800 Unit 4,883.00 4,883.00 170,905 6 – Two Story 2,400 to <2,600 Unit 4,381.00 4,381.00 271,622 7 – Two Story 2,200 to <2,400 Unit 4,164.00 4,164.00 299,808 8 – Two Story Less than 2,200 Unit 3,947.00 3,947.00 0 9 – One Story 2,000 or Greater Unit 4,829.00 4,829.00 86,922 10 – One Story Less than 2,000 Unit 4,613.00 4,613.00 106,099 11 – 1,900 or Greater Unit 3,845.00 3,845.00 76,900 12 – 1,700 to <1,900 Unit 3,414.00 3,414.00 180,942 13 – 1,500 to <1,700 Unit 2,953.00 2,953.00 280,535 14 – 1,300 to <1,500 Unit 2,768.00 2,768.00 0
15 – Less than 1,300 Unit 2,583.00 2,583.00 0
16 – Non-Residential Property Acre 55,240.00 55,240.00 0 17 – Non-Residential Property Acre 50,260.00 50,260.00 0 18 – Non-Residential Property Acre 63,050.00 63,050.00 0 19 – Non-Residential Property Acre 40,030.00 40,030.00 0

$ 2,240,463

Method of Apportionment of Special Tax A

Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose 461
B-3
Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 112 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 112 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 112 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

462
B-4
II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – P.A. 5 Final Residential Subdivision Unit $ 801.11 $ 561.00 $ 55,539 2 – P.A. 6 Final Residential Subdivision Unit 801.11 561.00 38,709 3 – P.A. 7 Final Residential Subdivision Unit 842.72 587.52 64,040 4 – P.A. 8, 9 & 10 Final Residential Subdivision Unit 842.72 587.52 146,292 5 – Non-Residential Property Acre 8,135.93 0.00 0

$ 304,580

On each July 1, commencing on July 1, 2024, the Maximum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

463
TRACT NO.
20362

CASA GRANDE AVENUE

CYPRESS AVENUE

DUNCAN CANYON ROAD

SIERRA AVENUE

FIELDCRESS DRIVE

CASSAVA DRIVE

MONTELENA ROAD

GARDENS STREET
LOT 6
TRACT NO. 20364
TRACT NO. 20363
TRACT NO. 20362
LOT 5
(THE GARDENS PHASE ONE)
PROPOSED BOUNDARIES OF CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 112 464
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0410 Agenda Date: 7/22/2025
Agenda #: AP. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities District No. 113 (The Gardens Phase Two) for Fiscal Year 2025-2026
RECOMMENDATION:

Adopt Resolution No. 2025-078, Authorizing the Levy of Special Tax in Community Facilities District No. 113 (The Gardens Phase Two) for Fiscal Year 2025-2026.

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

DISCUSSION:

Community Facilities District No 113 (The Gardens Phase Two) was established by Resolution No. 2024-022 on May 14, 2024, to finance public facilities and to pay annual landscape and lighting costs for the district. The District will issue a maximum (not to exceed) of $24,000,000 in Special Tax Bonds to finance the acquisition of certain major capital facilities (infrastructure) to serve properties within the District.

Pursuant to Government Code Section 53340, a resolution must be adopted by the City Council annually to levy a special tax to pay for the cost of providing public facilities, services, and incidental expenses. The rate and method of apportionment of the special tax was originally set forth in Ordinance No. 1913 approved and adopted by the City Council on December 20, 2022.

The special tax levied on each assessable parcel within the District is necessary to pay for the cost of providing public facilities and authorized administrative expenses (Facilities Special Tax A); and the annual landscape and lighting maintenance costs of the District (Services Special Tax B).

The portion of the special tax rate necessary to pay the principal and interest on the outstanding bonded indebtedness and authorized incidental expenses is comprised of available cash balance, debt service payments and administration costs (Exhibit A, Schedule1).

The proposed Fiscal Year 2025-2026 special tax rates (Special Tax A and Special Tax B) are shown in Exhibit A, Schedule 2.

A comparison of the total special tax levy and rates (Special Tax A and Special Tax B) for Fiscal Year City of Fontana Printed on 7/15/2025Page 1 of 2
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465
File #: 25-0410 Agenda Date: 7/22/2025
Agenda #: AP. Category: Consent Calendar
2024-2025 and Fiscal Year 2025-2026 is outlined in Exhibit A, Schedule 3.

The proposed special tax rates for Fiscal Year 2025-2026 were developed according to the Rate and Method of Apportionment (Exhibit B).

The District was established after the adoption of Proposition 218 and complies with its requirements because the District and the special taxes were approved by the consent of the property owner at the time the District was formed.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates will generate approximately $556,794; $533,144 for public facility expenses and $23,650 for landscape and lighting maintenance costs.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/15/2025Page 2 of 2
powered by Legistar™
466

Page 1 of 3 ends

RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 113 (THE GARDENS PHASE TWO) FOR FISCAL YEAR 2025-2026.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 113; and

WHEREAS, on May 14, 2024, Community Facilities District No. 113 (The Gardens Phase Two) Special Tax Bonds, were approved for the acquisition of the improvements in Tract 20362; and

WHEREAS, the City Council, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council desires to establish the specific rate of the special tax to be collected for Fiscal Year 2025-2026.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. The specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2025-2026 for the referenced District is hereby determined and established as set forth in Exhibit “A” attached hereto and incorporated herein by reference provided, however, the City Manager is hereby authorized to reduce the specific rate and method of the special tax as shown in Exhibit “A” upon receipt of the Assessor’s roll from the County of San Bernardino if, as determined by the City Manager in his discretion, following review of the Assessor’s roll, a lower rate and amount of the special tax will be sufficient to pay for the costs and expenses for such fiscal year.

SECTION 3. The rate as set forth above does not exceed the amount previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District.

467
Resolution No. 2025-

Page 2 of 3 ends

SECTION 4. The proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:

(a) Payment of principal and interest on any outstanding authorized bonded indebtedness;

(b) Necessary replenishment of bond reserve funds or other reserve funds;

(c) Payment of costs and expenses of authorized public facilities and incidental expenses pursuant to the Act; and

(d) Repayment of advances and loans, as appropriate.

The basis for the determination of the special tax needed for the 2025-2026 fiscal year is set forth in Exhibit “B”, attached hereto and incorporated herein by reference.

SECTION 5. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

SECTION 6. All monies above collected shall be paid into the Community Facilities District’s funds, including any bond and reserve funds.

SECTION 7. The City Manager is hereby directed to transmit or cause to be transmitted to the Auditor of the County of San Bernardino for entry in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “Public Improvement, Special Tax” or by any other suitable designation, the installment of the Special Tax as set forth in Exhibit “A” or as adjusted pursuant to the provisions of Section 2 above.

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

468
Resolution No. 2025-

Page 3 of 3 ends

APPROVED AND ADOPTED this 22nd day of July, 2025.

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 22nd day of July, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
469
Schedule 1
Special Tax Allocation - Costs to be Allocated
Fiscal Year 2025-2026
Pay As You Go Facilities 477,150$ Bond Service Funds Available -$ Administration Costs 40,000 Proposed Special Tax Levy 533,144 Allowance for Delinquencies (15,994)
Total Costs 517,150$ Available Funds 517,150$
Schedule 2
Proposed Special Tax Rates for Fiscal Year 2025-2026
(Special Tax A and Special Tax B)
Total Special
Residential Floor Area (sq ft) Special Tax A Special Tax B [1] Tax Rate 1 – 2,100 or Greater 4,137.00$ 580.00$ 4,717.00$
2 – 1,950 to <2,100 3,956.00 580.00 4,536.00
3 – 1,800 to <1,950 3,775.00 580.00 4,355.00
4 – 1,650 to <1,800 3,554.00 580.00 4,134.00
5 – Less than 1,650 3,344.00 580.00 3,924.00
6 – 2,100 or Greater 3,946.00 580.00 4,526.00
7 – 1,950 to <2,100 3,759.00 580.00 4,339.00
8 – 1,800 to <1,950 3,572.00 580.00 4,152.00
9 – 1,650 to <1,800 3,385.00 580.00 3,965.00
10 – Less than 1,650 3,198.00 580.00 3,778.00
11 – 2,225 or Greater 4,604.00 580.00 5,184.00
12 – 2,075 to <2,225 4,259.00 580.00 4,839.00
13 – 1,925 to <2,075 3,914.00 580.00 4,494.00
14 – 1,775 to <1,925 3,699.00 580.00 4,279.00
15 – Less than 1,775 3,549.00 580.00 4,129.00
16 – Non-Residential Property 59,110.00 8,910.91 68,020.91 17 – Non-Residential Property 59,970.00 8,910.91 68,880.91 18 – Non-Residential Property 51,370.00 8,910.91 60,280.91 19 – Non-Residential Property 52,300.00 8,910.91 61,210.91 Undeveloped Property - - -
Total Proposed Levy 533,144$ 24,940$ 558,084$
Exhibit "A"
City of Fontana
Community Facilities District No. 113
The Gardens Phase Two
[1] Based on projected expenditures for Fiscal Year 2025-2026. The Fiscal Year 2025-2026 Maximum Services Special Tax is $801.11 per residential unit.
470
Exhibit "A"
City of Fontana
Community Facilities District No. 113
The Gardens Phase Two
Schedule 3
Comparison of Special Tax Levy and Rates by Fiscal Years Tax Classification Percent
(Land Use) Special Tax Rate Special Tax Rate Change
1 – 2,100 or Greater -$ 4,717.00$ -$ 4,717.00$ 0%
2 – 1,950 to <2,100 - 4,536.00 - 4,536.00 0%
3 – 1,800 to <1,950 - 4,355.00 - 4,355.00 0%
4 – 1,650 to <1,800 - 4,134.00 - 4,134.00 0%
5 – Less than 1,650 - 3,924.00 - 3,924.00 0%
6 – 2,100 or Greater - 4,526.00 - 4,526.00 0%
7 – 1,950 to <2,100 - 4,339.00 - 4,339.00 0%
8 – 1,800 to <1,950 - 4,152.00 - 4,152.00 0%
9 – 1,650 to <1,800 - 3,965.00 16,925 3,965.00 0%
10 – Less than 1,650 - 3,778.00 31,980 3,778.00 0%
11 – 2,225 or Greater - 5,184.00 - 5,184.00 0%
12 – 2,075 to <2,225 - 4,839.00 54,588 4,839.00 0%
13 – 1,925 to <2,075 - 4,494.00 261,082 4,494.00 0%
14 – 1,775 to <1,925 - 4,279.00 142,083 4,279.00 0%
15 – Less than 1,775 - 4,129.00 51,426 4,129.00 0%
16 – Non-Residential Property - 68,020.91 - 68,020.91 0% 17 – Non-Residential Property - 68,880.91 - 68,880.91 0% 18 – Non-Residential Property - 60,280.91 - 60,280.91 0% 19 – Non-Residential Property - 61,210.91 - 61,210.91 0% Undeveloped Property - - - -
-$ 558,084$
FY 2024 - 2025 FY 2025 - 2026
471
B-1
EXHIBIT “B”

CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 113
(THE GARDENS PHASE TWO)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
(Summary – Full text available in the Financial Services Division)

The Resolution of Annual Levy refers to this Exhibit for an explanation of the rate and method of apportionment of the special tax so as to allow each landowner or resident within the district to estimate the annual amount that would be required for payment.

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property in City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) (“CFD No. 113”) and collected each fiscal year commencing in Fiscal Year 2024-2025, in an amount determined by the City Council of the City of Fontana (the “Council”) through the application of the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 113, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

The rate and method of apportionment of the special tax for 2025-2026 shall be as follows.

472
B-2

I. SPECIAL TAXES FOR PUBLIC IMPROVEMENTS:

Assigned Actual Tax
Special Tax Tax Rate Amount
Land Use Class (square feet) Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – 2,100 or Greater Unit $ 4,137.00 $ 4,137.00 $ 0 2 – 1,950 to <2,100 Unit 3,956.00 3,956.00 0
3 – 1,800 to <1,950 Unit 3,775.00 3,775.00 0
4 – 1,650 to <1,800 Unit 3,554.00 3,554.00 0
5 – Less than 1,650 Unit 3,344.00 3,344.00 0
6 – 2,100 or Greater Unit 3,946.00 3,946.00 0
7 – 1,950 to <2,100 Unit 3,759.00 3,759.00 0
8 – 1,800 to <1,950 Unit 3,572.00 3,572.00 0
9 – 1,650 to <1,800 Unit 3,385.00 3,385.00 16,925
10 – Less than 1,650 Unit 3,198.00 3,198.00 31,980
11 – 2,225 or Greater Unit 4,604.00 4,604.00 0
12 – 2,075 to <2,225 Unit 4,259.00 4,259.00 51,108
13 – 1,925 to <2,075 Unit 3,914.00 3,914.00 246,582 14 – 1,775 to <1,925 Unit 3,699.00 3,699.00 136,863 15 – Less than 1,775 Unit 3,549.00 3,549.00 49,686
16 – Non-Residential Property Acre 59,110.00 59,110.00 0 17 – Non-Residential Property Acre 59,970.00 59,970.00 0 18 – Non-Residential Property Acre 51,370.00 51,370.00 0 19 – Non-Residential Property Acre 52,300.00 52,300.00 0

$ 533,144

Method of Apportionment of Special Tax A

Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Facilities Special Tax on each Assessor’s Parcel of Developed Property whose 473
B-3
Maximum Special Tax is determined through the application of the Backup Facilities Special Tax shall be increased in equal percentages from the Assigned Facilities Special Tax up to the Maximum Facilities Special Tax for each such Assessor’s Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Facilities Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to 100% of the Maximum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Association Property, as needed to satisfy the Special Tax Requirement for Facilities;

Notwithstanding the above, the CFD Administrator shall, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Facilities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 113 Bonds have already been issued or the Council has covenanted that it shall not issue any additional CFD No. 113 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 113 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previous sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Property shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

474
B-4
II. SERVICES SPECIAL TAXES FOR MAINTENANCE OF PARK,

PARKWAYS, AND OPEN SPACE

Maximum Annual Actual
Tax Rate Tax Rate Tax Amount
Land Use Class Unit FY 2025-2026 FY 2025-2026 FY 2025-2026

1 – Final Residential Subdivision Unit $ 801.11 $ 580.00 $ 64,960 2 – Non-Residential Property Acre 12,307.93 0.00 0

$ 64,960

On each July 1, commencing on July 1, 2024, the Maximum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

Method of Apportionment of Special Tax B

Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Services Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Proportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the levy of the Services Special Tax on each Assessor’s Parcel of Developed Property shall be increased in equal percentages from the Assigned Services Special Tax up to the Maximum Services Special Tax for each such Assessor’s parcel.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0412 Agenda Date: 7/22/2025
Agenda #: AQ. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for May 2025.

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 May 2025 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
May 2025
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NOTEWORTHY EVENTS
• Fontana Police participated in the Heritage Elementary School’s Second Annual wWellness Fair.
• Fontana Police participated in the Challenger Baseball Game and grilled food for the community.
• COPE participated in Sycamore Hills Elementary School’s Career Day. • Special Operations seized over 60 kilos of cocaine, 5 pounds of methamphetamine, large quantities of fentanyl, and several illegal firearms.
• COPE participated in Maple Elementary School Career Day. • Fontana Detectives secured a federal indictment for conspiracy of four individuals who sold fentanyl to a local teen that caused death.
• ICAC arrested several individuals for child pornography.

KA1
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Slide 2
KA1 Kevin Anderson, 2/9/2021
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481

CITYWIDE
• Priority 1 response time- 4:26 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,985
• Total arrests- 714
• Hispanic- 473, White- 104 , Black- 110, All other races-27 • Total Group A Offenses- 809
• Crimes Against Persons- 210
• Crimes Against Property- 367
• Crimes Against Society- 232
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CITYWIDE• Crimes Against Person- 145
• Homicide- 3
• Sex Offenses- 13
• Assault- 121
• Kidnapping- 3
• Other- 5
• Crimes Against Property- 364
• Robbery- 8
• Burglary- 23
• Larceny- 172
• Destruction of Property- 47
• Fraud- 30
• Possession of Stolen Property- 35
• Motor Vehicle Theft- 39
• Other Miscellaneous Property Crimes- 10
• Crimes Against Society- 213
• Drug and Paraphernalia Possession- 189
• Possession of Child Pornography- 6
• Possession of Weapons- 18
• 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- 70
• Crimes Against Persons- 19
• Crimes Against Property- 37
• Crimes Against Society- 14
485
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 190
• Crimes Against Persons- 57
• Crimes Against Property- 99
• Crimes Against Society- 34
486
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 406
• Crimes Against Persons- 104
• Crimes Against Property- 146
• Crimes Against Society- 156
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Beat 4

AREA COMMANDER IS LIEUTENANT SCOTT SNYDER
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 143
•Crimes Against Persons- 30
•Crimes Against Property- 85
•Crimes Against Society- 28
488

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] 489
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0430 Agenda Date: 7/22/2025
Agenda #: AR. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award Professional Services Contract with Iteris for the SMART Grant-funded Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety and Mobility Project (DE-25-172-SP) RECOMMENDATION:

1. Award and authorize the City Manager to execute the Professional Services Agreement with Iteris in the amount of $505,767.00 to provide consultant services in performing the engineering and support work needed to deliver the City’s SMART Grant-funded Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety and Mobility Project.

2. Approve and authorize the City Manager to execute any future amendments to the Agreement in the amount not to exceed $50,000.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · To improve public safety by implementing traffic safety programs. · To operate in a businesslike manner by improving services through the effective use of technology.
· To practice sound fiscal management by pursing grant opportunities. · To concentrate on Inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.
· TO enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· 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 creating and promoting community through people, parks, and programs.

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File #: 25-0430 Agenda Date: 7/22/2025
Agenda #: AR. Category: Consent Calendar
DISCUSSION:

In March 2024, the United States Department of Transportation (USDOT) announced thirty-four projects selected nationwide for the SMART grant in Fiscal Year 2023. The City of Fontana was one of six agencies in California to be selected, receiving an award in the amount of $2,000,000. Since then, staff have been working with USDOT to finalize the grant agreement and scope of the project.

This project was created to demonstrate how we can improve our transportation system using advanced traffic technologies. It evaluates the existing traffic system and explores new ways to manage traffic using smart traffic lights and digital tools. By connecting these tools to our existing fiber network and making upgrades to street infrastructure, we aim to help traffic flow more smoothly, especially for large trucks. This will make our roads safer, reduce pollution, and make it easier for everyone to reach their destination.

The City finalized the scope of the project and on May 15, 2025, the Purchasing Division solicited a Request for Proposals (DE-25-172-SP) to select a consultant to perform the engineering and support work needed. Purchasing notified two hundred fifty nine (259) firms via the City’s online bid system.

The bid closed on June 12, 2025, and Purchasing received a proposal from one firm. The firm’s qualifications and cost proposal were reviewed based on City policies for professional services criteria, and were found to meet the needs of the project based on the technical work services required.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $505,767.00 and is included in the current FY 2025/26 budget. Costs will be funded by the USDOT SMART Grant and it’s included in project # 37500001-301-A-8130.

MOTION:

Approve staff recommendation.

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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DE-25-172-SP
This Agreement is made and entered into as of July 22, 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Iteris, Inc., a CORPORATION with its principal place of business at 1700 Carnegie Avenue Suite 100 Santa Ana, CA 92705 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the Stat e of Californi a and i s in need of professional services for the following project:

Leveraging Advanced Adaptive Signal Timing for Freight to Improv e Safety and Mobility (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desir e by thi s Agreement t o establi sh the term s for City t o retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 505,767. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate t hat a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 492

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be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years fr om the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within 425 calendar days. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 493

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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance mu st include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Col lapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4 ) contain any other exclusion contrary to the Agreement.
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(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires e very employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must 495

5 16498.00150\32126437.1
specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior writte n notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 496

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insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroa ctive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be f rom a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue o f this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code secti on 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtain ing a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevail ing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with th e Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which 498

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include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be register ed with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Indust rial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Departme nt of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respec ting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to termin ate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If s aid termination 499

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occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to paym ent for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Joshua McNeill as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Sid Lambert, Purchasing Office
[email protected]
CONSULTANT:

Iteris, Inc.
1700 Carnegie Avenue Suite 100
Santa Ana, CA 92705
Attn: Joshua McNeill, PE, TE
[email protected]

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
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23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with resp ect to those ma tters covered hereunder. Each P arty acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may n ot be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

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

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, 501
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commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Fo r breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
502
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
VENDOR NAME.

By:
[INSERT NAME]
[INSERT TITLE]
Attest:

By:

Germaine McClellan Key
City Clerk
By:
[INSERT NAME]
[INSERT TITLE]
By:

Phillip Burum
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
_____________________________
Gia Kim
Director of Engineering / City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer
Sid Lambert
Purchasing Manager
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EXHIBIT A
Scope of Services
504
TECHNICAL PROPOSAL | CITY OF FONTANA
Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety & Mobility (RFP No. DE-25-172-SP)
Iteris, Inc. | 15
Technical Approach
Iteris, in collaboration with the City of Fontana and its partners, will recommend, design and deploy adaptive signal technologies and connected vehicle data to enhance traffic efficiency, safety, and mobility across critical transportation corridors. The project will integrate existing infrastructure with advanced digital systems to optimize heavy-vehicle traffic flow while prioritizing collision reduction and multimodal accessibility.

The SMART Stage 1 project will concentrate on Citrus Avenue, Sierra Avenue, Valley Boulevard, and Jurupa Avenue. These represent major corridors that experience high freight movement and commuter travel demands. They serve as essential connectors for commercial traffic while also accommodating pedestrians, cyclists, and local commuters. To address safety concerns and improve efficiency, the project will leverage real-time data and signal optimization strategies that reduce congestion and mitigate risks of collisions.

A core component of the approach involves vehicle-to-infrastructure truck signal priority, which will help balance freight movement with overall roadway efficiency. By integrating connected vehicle data, Iteris will analyze acceleration and hard stop patterns to identify critical safety risks and adjust signal timing accordingly. The project will also implement pedestrian and bicycle detection technology, adjusting signal phasing in response to crosswalk activity, dark environments, and red-light violations. Additionally, near- miss analysis and signal control conflict monitoring will provide valuable insights into intersection safety, enabling proactive interventions to prevent crashes.

With these enhancements, the SMART Stage 1 project will create a safer and more efficient transportation network. Performance monitoring will guide decisions on scalability, ensuring successful applications are expanded citywide in future project phases. This initiative will also serve as a model for neighboring cities facing similar challenges, allowing them to implement cost-effective solutions based on Fontana’s findings.

Scope of Work
TASK 1: ADMINISTRATION, DESIGN, AND ENGAGEMENT
With Joshua McNeill as Project Manager, Iteris will establish the foundation for efficient project management, grant compliance, community engagement, and prototype design to ensure successful implementation. It will focus on coordinating stakeholders, developing project prototype requirements, and integrating innovative transportation solutions while maintaining compliance with SMART Grant requirements.
505
TECHNICAL PROPOSAL | CITY OF FONTANA
Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety & Mobility (RFP No. DE-25-172-SP)
Iteris, Inc. | 16
Subtask 1.1 Administration and Project Management
The project team will develop a resource loaded master schedule to track progress, milestones, and deliverable timelines. Project coordination meetings will be held biweekly to facilitate communication and ensure alignment among city officials, industry partners, and research institutions. Iteris will provide monthly status reports with invoicing.

Subtask 1.2 Grant Compliance and Management
This subtask will ensure the project meets all SMART grant requirements with our subconsultant, SMG as our grant compliance lead.

Compliance tracking will include funding allocation oversight and performance assessments. This includes but is not limited to:
• Quarterly Milestone Progress Performance Reports
• Quarterly Financial Reports (SF-425)
• Annual Draft and Final Implementation Reports
• Other Reports, as required such as SF-428
• Budget Justification Documentation
• Final Report for project closeout
Our team will work with city staff to prepare drafts for their review and submittal. Our team will keep city staff updated on upcoming reporting requirements and any issues that may need to be addressed to avoid becoming problems later in the project.

Subtask 1.3 Community Engagement
Extensive community engagement efforts will be conducted as directed in the proposal scope of work, beginning with an initial outreach assessment. Mid-project community meetings will be held to solicit feedback on prototype designs, with presentation materials, agendas, and notes documented. A final community engagement memorandum will summarize findin gs, ensuring transparency and informed decision-making.

Subtask 1.4 Prototype Design
Iteris will develop a comprehensive prototype design framework that enables the testing of advanced adaptive signal timing technologies, integrating both traditional roadside infrastructure and connected vehicle -to-everything (C-V2X) systems. This approach will assess how various adaptive signal strategies function within corridor and grid -network configurations and determine their interoperability when deployed in abutting or overlapping placements. The Iteris team will partner with OEMs during the development of the prototype to incorporate C-V2X safety applications.

The prototype will examine how optimizing the movement of heavy vehicles, particularly first/last-mile freight logistics, can lead to improved safety and mobility for all roadway users. By manipulating signal timing based on freight flow, pedestrian activity, and cyclist movements, the system will aim to reduce collision risks while enhancing the overall efficiency of key cor ridors. This prototype will provide valuable insights into how multimodal coordination can balance transportation needs and improve traffi c operations for the City of Fontana.

Subtask 1.5 Functionality Assessment
Each prototype will undergo rigorous technical review and feasibility testing to confirm its ability to optimize traffic flow and improve safety. Findings from these assessments will be used to refine the implementation approach.

Deliverables
o Resource-loaded project master schedule
o Monthly progress reports
o Kick-off meeting agenda and notes
o Biweekly project coordination meeting agenda and notes o Quarterly milestone progress performance reports for SMART grant o Implementation report for SMART grant
o Prototype designs and functionality assessment
o Initial community needs outreach and assessment
o Two mid-project community engagement efforts, including presentation materials, agendas, and notes o Community engagement memorandum
o Final community engagement documentation
o Final stakeholder assessment
506
TECHNICAL PROPOSAL | CITY OF FONTANA
Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety & Mobility (RFP No. DE-25-172-SP)
Iteris, Inc. | 17
TASK 2: PERFORMANCE MONITORING AND ASSESSMENT
Iteris will focus on ensuring the project achieves measurable improvements in safety, mobility, and freight movement optimization.

Through real-time monitoring, data sharing, and analytical assessments, this task will support ongoing refinements and scalability considerations. It will also emphasize community engagement by integrating public feedback into traffic data evaluation and performance analysis.

Subtask 2.1 Data Sharing Plan
A structured plan will be developed to facilitate transparent data exchange between municipal agencies, private sector stakeholders, and research institutions. Public access considerations will also be incorporated to allow community stakeholders to engage w ith transportation performance metrics and findings. Project data sharing elements will be outlined in a data sharing plan .

Subtask 2.2 Data Acquisition
The project will collect and integrate various datasets, including connected vehicle data including OEM data and 3rd party data access, pedestrian and bicycle movement analytics, freight flow trends, and traffic signal performance metrics. Additionally, feedback from local businesses and residents will be gathered to assess perceived mobility improvements and safety enhancemen ts along key corridors.

Subtask 2.3 Data Portal
A centralized digital platform will be developed to house traffic and safety data, enabling real -time access for city officials, researchers, freight operators and select public stakeholders. The portal will support automated reporting and visualization tools, fostering informed decision-making for future corridor improvements.

Subtask 2.4 Baseline Conditions
An initial report detailing existing traffic operations, safety challenges, and multimodal mobility trends along Citrus Avenu e, Sierra Avenue, Valley Boulevard, and Jurupa Avenue will be developed. This memorandum will serve as a foundational benchmark for evaluating project effectiveness. Mid-project evaluations will be conducted to measure real-time changes in traffic patterns, collision rates, and signal performance. These assessments will be used to refine prototype applications and address emerging mob ility issues within the community. Dr. Zhang, along with university researchers, will lead the data collection efforts associated with developing the baseline reporting.

Subtask 2.5 Project Performance Assessment
A comprehensive analysis will be prepared to evaluate and assess prototypes detailing key performance indicators, including safety improvements, congestion mitigation, and optimization of heavy-vehicle movement. Community feedback on transportation system effectiveness will be incorporated to ensure project outcomes align with loc al needs.

Deliverables
• Established data-sharing framework
• Acquired transportation and safety datasets, including public engagement feedback • Functional digital data portal with visualization tools • Baseline Conditions Memorandum
• Interim Baseline Conditions Assessment
• Final Project Performance Analysis Memorandum
TASK 3: PROTOTYPE DEVELOPMENT AND DEPLOYMENT
Iteris will focus on the technical development, procurement, and deployment of prototype solutions to enhance traffic management and optimize mobility along key corridors. It will include detailed traffic signal plans, vendor engagement, success measurem ent criteria, and comprehensive documentation to ensure effective implementation. 507
TECHNICAL PROPOSAL | CITY OF FONTANA
Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety & Mobility (RFP No. DE-25-172-SP)
Iteris, Inc. | 18
Subtask 3.1 Prototype Design and Review
The project team will develop and finalize detailed prototype design to be implemented along intersections and corridors approved by the City. Signal phasing adjustments, detection system integration, and adaptive timing solutions will be incorporated to enhance corridor efficiency and safety. A prototype alternatives technical memorandum will be prepared to evaluate various implementa tion strategies and assess potential impacts. The memorandum will outline the hardware and software requirements needed to support the functionality that demonstrates the project’s objectives. Iteris will also outline the associated cost to ensure the prototype is deployed within the SMART Grant budget.

Subtask 3.2 Technology Procurement
A structured procurement process will be conducted, beginning with vendor Requests for Information (RFI) to solicit technical specifications and feasibility details from industry partners. The team will then issue Requests for Bid (RFB) to acquire nec essary hardware, software, and communication modules required for prototype deployment. Vendor selection will be based on predefined technical and performance criteria to ensure compatibility with Fontana’s existing infrastructure.

Subtask 3.3 Prototype Deployment
A performance measurement framework will be developed to evaluate prototype effectiveness in real -world conditions. This framework will outline key success indicators, including improvements in freight movement efficiency, reductions in collision risks, signal optimization accuracy, and overall mobility enhancements. Metrics will be monitored throughout implementation to refin e functionality and ensure scalability.

The selected prototypes will be installed at designated intersections along Citrus Avenue, Sierra Avenue, Valley Boulevard, a nd Jurupa Avenue. Deployment efforts will focus on system calibration, real -time monitoring, and iterative testing to confirm operational reliability. A final prototype deployment report will be developed, detailing installation processes, system performan ce, and recommendations for future enhancements.

Deliverables
• Prototype alternatives technical memorandum
• Vendor Requests for Information (RFI)
• Vendor Requests for Bid (RFB)
• Defined criteria for measuring success
• Prototype deployment documentation and performance evaluation report TASK 4: STAGE 2 DEVELOPMENT PLAN
This task will outline the approach for expanding the most effective prototype applications from Stage 1 to a citywide deploy ment in Stage 2. The strategy will ensure scalability, funding alignment, and continued collaboration with municipal agencies, private stakeholders, and neighboring cities seeking to implement similar transportation innovations.

Subtask 4.1 Assessment for Stage 2
A comprehensive evaluation of Stage 1 findings will be conducted to determine which prototype technologies demonstrate the highest levels of performance, safety improvement, and traffic optimization. This assessment will identify opportunities for refining and scaling successful applications while addressing any technical challenges encountered in the initial deployment p hase. A cost estimate and assessment of funding opportunities will also be provided.

Deliverables:
• Stage 2 Deployment Assessment Report and Strategy Memorandum 508
14 16498.00150\32126437.1

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
509
COST PROPOSAL | CITY OF FONTANA
Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety & Mobility (RFP No. DE-25-172-SP)
Iteris, Inc. | 2
Table 1 – (DE-25-172-SP) Total Estimate
Task
ITERIS SMG Xtelligent Cal Poly Pomona
Project Administrator
TOTAL

HOURS TOTAL COST
Joshua McNeill, PE, TE
Project Manager
Bernard Li, EE, TE, PTOE
Senior Advisor & QA/QC
Jason Xu, PE, PTOE, PMP
Task Leader
Rasool Andalibian PhD
Task Leader
Omid Modaghegh MCSE,
IMSA, Task Lead
Project Engineer
Assosiate Engineer
Tom Choe, PE
Subconsultant Lead
Mareeya Tongkul, Engineer
Ellison Alegre,
Senior Analyst
Anna Moneymaker,
Analyst
Michael Lim, CEO
Chris Grimes, Principal
Engineer
Richard Pelletier, Lead
Designer
Ketan Savla, Chief Science
Officer
Yongping Zhang, Ph.D., PE
Subconsultant Lead
Yangsong Gu, PhD, Project
Engineer
Do Kim, PhD
Yunsheng Wang, PhD
Staff Rates $310 $320 $310 $240 $240 $195 $150 $288 $159 $202 $169 $250 $250 $250 $200 $200 $180 $200 $180 $100 Task 1 Administration, Design, and Engagement 80 8 60 30 30 120 50 35 0 40 100 30 0 0 0 0 0 0 0 10 593 $134,854

1.1 Administration and Project Management 40 8 30 15 10 10 113 $32,081

1.2 Grant Compliance and Management 10 10 20 40 100 180 $35,823

1.3 Community Engagement 20 20 40 40 120 $26,200

1.4 Prototype Design 10 10 20 20 40 10 10 120 $27,600

1.5 Functionality Assessment 10 10 30 10 60 $13,150
Task 2 Performance Monitoring and Assessment 25 0 25 95 0 100 60 0 0 0 0 0 0 0 0 235 160 65 65 0 830 $167,300

2.1 Data Sharing Plan 5 5 20 30 60 $13,750

2.2 Data Acquisition 5 5 15 20 45 $10,600

2.3 Data Portal 5 5 20 50 60 140 $26,650

2.4 Baseline Conditions 5 5 20 90 80 30 30 260 $51,700

2.5 Project Performance Assessment 5 5 20 145 80 35 35 325 $64,600 Task 3 Prototype Development and Deployment 35 0 30 40 65 120 150 60 90 35 60 30 40 40 40 0 0 0 0 0 835 $175,573

3.1 Prototype Design and Review 10 10 10 30 80 100 20 60 15 30 20 20 20 20 445 $88,811

3.2 Technology Procurement 15 10 5 10 10 15 0 10 15 90 $21,281

3.3 Prototype Deployment 10 10 30 30 30 40 25 30 10 15 10 20 20 20 300 $65,481 Task 4 Stage 2 Development Plan 5 2 5 30 10 40 0 10 0 10 0 0 0 0 0 0 0 0 0 0 112 $26,040

4.1 Assessment for Stage 2 5 2 5 30 10 40 10 10 112 $26,040 140 10 115 180 105 260 200 170 94 82 196 80 70 70 120 340 290 75 95 10 2370 $503,767 ODCs (Travel, expenses, etc.) $2,000
Total $505,767
510
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EXHIBIT C
Activity Schedule
511
TECHNICAL PROPOSAL | CITY OF FONTANA
Leveraging Advanced Adaptive Signal Timing for Freight to Improve Safety & Mobility (RFP No. DE-25-172-SP)
Iteris, Inc. | 19
Proposed Project Schedule
Iteris has provided the following proposed project schedule as shown in Figure 2.

Figure 2 – Proposed Project Schedule
512
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0349 Agenda Date: 7/22/2025
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. 24-0065: Specific Plan Amendment No. 24-0001, Tentative Tract Map No. 20729 (TTM No. 24-0010) and Design Review No. 24-0035 - A request to amend the Rancho Fontana Specific Plan and to subdivide approximately 3.3 acres for condominium purposes and for the site and architectural approval of a new residential development consisting of 54 attached condominium dwellings and associated improvements, pursuant to an Addendum to the Rancho Fontana Specific Plan Environmental Impact Report
RECOMMENDATION:

Adopt Resolution No. 2025-079, a Resolution of the City Council of the City of Fontana adopting an Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) to the Rancho Fontana Specific Plan Environmental Impact Report (SCH No. 1981100211) pursuant to the California Environmental Quality Act (CEQA), and approving Specific Plan Amendment No. 24-0001 to amend Planning Area 18 to Planning Area 18A increasing the allowable residential density from six dwelling units per acre to 12 dwelling units per acre and including parking and setback development standards, approving Tentative Tract Map No. 24-0010 to subdivide approximately 3.3 acres for condominium purposes and approving Design Review No. 24-0035 for the construction of 54 attached condominium dwellings and associated improvements, subject to the Conditions of Approval.

COUNCIL GOALS:
· 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.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.

DISCUSSION:

Background:

The project was considered by the Planning Commission at a duly noticed public hearing on July 1, 2025. A letter addressed to the City Council was placed on the dais regarding potential impacts the proposed project could have on traffic and the surrounding area. The applicant submitted a memo addressing the issues raised. Both the comment letter and memo are attached to the staff report.

The Planning Commission voted (5-0) to adopt Resolution PC No. 2025-022), thereby forwarding a recommendation of the approval to the City Council.

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Agenda #: A. Category: Public Hearing
Following the Planning Commission hearing, staff identified that a condition requiring the formation of a homeowners’ association was inadvertently excluded from the design review and tentative tract map conditions of approval. The condition has now been incorporated into both entitlements’ draft conditions of approval and are reflected in Attachment No. 1.

Project Description/Analysis:

The applicant, NewBridge Homes, is requesting that the City Council review and approve a Specific Plan Amendment to the Rancho Fontana Specific Plan, a Tentative Tract Map to subdivide the project site for condominium purposes, and a Design Review for the development of the project site with 54 attached condominiums and associated improvements on APN 1110-171-02 located south of Baseline Avenue, east of Orlando Drive and west of Lime Avenue.

Specific Plan Amendment (SPA) No. 24-0001:

The project site is located in Planning Area 18 of the Rancho Fontana Specific Plan, which has an allowable residential density of 6 dwelling units per acre. The applicant is requesting to amend the specific plan to create Planning Area 18A with an allowable residential density of 12 dwelling units per acre. The applicant is also proposing to include development standards in the Rancho Fontana Specific Plan for Planning Area 18A. The proposed development standards are specific to multi- family residential development and are consistent with the development standards in other specific plans in the city.

The Rancho Fontana Specific Plan and corresponding Environmental Impact Report originally contemplated a maximum of 2,445 dwelling units for the specific plan area. There are currently 2,360 dwelling units in the specific plan area, with Planning Area 18A being the last remaining undeveloped area. The additional 54 dwelling units will increase the total development in the specific plan area to 2,414 and will not increase development in excess of what was originally contemplated for the specific plan area.

The surrounding area is developed with detached single-family residential dwellings. While the proposed attached condominium development is higher in density than the residential areas in the immediate vicinity, it is not expected that it will have a detrimental effect on the surrounding area.

Parking (resident and guest) will be provided on-site to eliminate strain on the surrounding streets.

Additionally, the proposed condominium development will be similar in shape and scale to two-story single-family homes. Therefore, there would not be impacts on the surrounding neighborhoods, either aesthetically or functionally.

Tentative Tract Map No. 20729 (TTM 24-0010):

The proposed project includes the subdivision of the project site for condominium purposes, as well as the required street dedication and improvements consistent with the surrounding area. Each dwelling unit will be sold separately and a homeowners association will be created for the maintenance of all common areas, amenities and landscaping.

Design Review (DRP) No. 24-0024:

The development will be comprised of 54 attached condominiums. The applicant proposes a Spanish style of architecture. The architectural features for the proposed buildings incorporate a light earth tone color palette with accent colors to be used for entry doors, shutters, and garage doors. The City of Fontana Printed on 7/15/2025Page 2 of 4
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tone color palette with accent colors to be used for entry doors, shutters, and garage doors. The architectural style includes a smooth stucco finish, tile roof, shutters, awnings, decorative clay pipes, decorative metal accents, and Spanish tile accents.

The proposed dwellings will be two to three bedrooms. Two-bedroom units are proposed to be 925 square feet and three-bedroom dwellings will range from 1,413 square feet to 1,668 square feet.

Resident and guest parking is provided on-site at a rate of 2.6 parking spaces per unit. Dwelling units consist of either a one- or two-car garage. A total of 96 garage spaces are to be provided. Guest parking will be provided as surface parking and located throughout the development. A total of 45 guest parking spaces are to be provided.

The Rancho Fontana Specific Plan does not currently include standards for recreational amenities for multi-family residential development. Therefore, the type, number and size of the amenities proposed are consistent with other similarly sized attached condominium projects in the city. The proposed development includes four barbecue areas located throughout the community. The barbecue areas feature dining tables and built-in barbecue grills. The proposed project also features a play area with play equipment, a rubberized play surface, benches, and a shade structure.

The project site is vacant and undeveloped. The topography of the project site is generally flat, with a less than two (2) percent grade from north to south.

The project plans indicate that the existing six-foot high masonry wall on the site’ssouthern property line will remain in place. Additionally, a drainage channel will run along the southern property line adjacent to the wall. A combination wall (two-foot-high retaining wall and four-foot high tubular steel fencing) will be constructed between the drainage channel and the adjacent northerly private and common open spaces within the site. A six-foot high split face block wall with pre-cast cap and pilasters will be constructed near the northern property line/Baseline Avenue with a three- to five-foot landscape buffer between the existing sidewalk and the wall.

Access to and from the project site will be provided from Orlando Drive and Lime Avenue via a central drive aisle. The central drive aisle will connect to alleys for access to unit garages and some guest parking spaces. Additional guest parking spaces are to be located off of the central drive aisle.

Environmental:

Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s2019 Local Guidelines for Implementing CEQA, an Addendum to the Rancho Fontana Specific Plan Program Environmental Impact Report (EIR) (State Clearinghouse [SCH] No. 1981100211) has been prepared for this proposed project. The aforementioned PEIR adopted by the City Council on December 7, 1982, anticipated a maximum of 2,445 residential units for the specific plan area and the proposed project does not cause the specific plan area to exceed the originally studied number of residential units.

The proposed project does not represent significant changes to the approved Rancho Fontana Specific Plan EIR relative to CEQA since it does not change the assumptions, analysis, conclusions, or mitigation. The components of the proposed project do not alter the EIR project’ssignificance conclusions or represent significant new information. Additionally, the proposed project does not require major revisions to the aforementioned EIR, does not lead to new significant environmental City of Fontana Printed on 7/15/2025Page 3 of 4
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require major revisions to the aforementioned EIR, does not lead to new significant environmental effects, or does not lead to substantial increase in the severity of previously identified significant effects. The proposed project does not trigger any of the conditions that warrant preparation of a Subsequent EIR. Therefore, an Addendum to the EIR has been prepared for this proposed project and no further/additional CEQA review is required.

A MMRP was adopted as a part of the Approved Project FEIR that ensures the measures identified in the FEIR to mitigate impacts associated with implementation of the Approved Project are applied to subsequent development projects in the Rancho Fontana Specific Plan Update area. The previously adopted mitigation measures applicable to the Approved Project will be imposed as conditions of the Proposed Project, and the MMRP, as applicable to the Approved Project, is contained in Appendix A.

The Final Rancho Fontana Specific Plan Program Environmental Impact Report (State Clearinghouse [SCH] No. 1981100211) and the Addendum are posted on the City’s website. The Rancho Fontana Specific Plan PEIR can be found at
<https://www.fontanaca.gov/1293/Rancho-Fontana-Specific-Plan>> The Addendum to the Rancho Fontana Specific Plan PEIR can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>.

Attachments:

Attachment No. 1 - Resolution for Specific Plan Amendment, Tentative Tract Map, Design Review and Addendum to the Rancho Fontana Specific Plan EIR
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Planning Commission Minutes from July 1, 2025 Attachment No. 4 - Public Hearing Notice
Attachment No. 4 - Comment Letter and Response Memo
FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation
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ATTACHMENT NO. 1

RESOLUTION NO. 2025-079

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

CALIFORNIA ADOPTING THE ADDENDUM TO THE RANCHO FONTANA

SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT, AND APPROVING SPECIFIC PLAN AMENDMENT NO. 24-0001 TO AMEND THE PLANNING AREA DESIGNATION FROM PLANNING AREA 18 TO PLANNING AREA 18A, INCREASING THE ALLOWABLE RESIDENTIAL DENSITY FROM SIX DWELLING UNITS PER ACRE TO 12 DWELLING UNITS PER ACRE, AND TO INCLUDE DEVELOPMENT STANDARDS FOR THE PLANNING AREA; TENTATIVE TRACT MAP No. 20729 (TTM NO. 24-0010) TO SUBDIVIDE APPROXIMATELY 3.3 ACRES FOR CONDOMINIUM PURPOSES ; AND
DESIGN REVIEW NO. 24-0035 FOR THE DEVELOPMENT OF AN
ATTACHED CONDOMINIUM DEVELOPMENT CONSISTING OF 54
DWELLING UNITS AND ASSOCIATED IMPROVEMENTS AT APN 1110- 171-02.

WHEREAS, on February 16, 1968, Assessor Parcel Number (“APN”) 1110-171- 02 (“Subject Property”) was annexed from San Bernardino County into the City of Fontana; and

WHEREAS, the most recent edition of the City of Fontana General Plan was adopted by the Fontana City Council (“City Council”) on November 13, 2018; and

WHEREAS, on October 3, 2024 , the City of Fontana (“City”) received an application from NewBridge Homes (“Applicant”), encompassing a Specific Plan Amendment (“SPA No. 24-0001”), Tentative Tract Map (“TTM No. 24-0010 (TTM No. 20729)”) and Design Review (“DRP No. 24-0035”) to amend the Rancho Fontana Specific Plan to increase the residential density for the project site , subdivide the site for condominium purposes, and seeking the design review approval for the design of a 54- unit attached condominium development and the associated improvements on 3.3 acres at the Subject Property. The project together is known as Master Case Number 24-0065 (“MCN 24-0065”); and

WHEREAS, the City previously prepared and certified the Final Environmental Impact Report (FEIR) for the Rancho Fontana Specific Plan project on December 7, 1982, consisting of comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR and subsequently approved the Rancho Fontana Specific Plan. For the purposes of this Resolution, the “FEIR” shall refer to the Draft EIR, as revised by the Final EIR’s errata section together with the other sections of the Final EIR; and

WHEREAS, on December 7, 1982, the City Council of the City of Fontana (“City Council”) approved the Rancho Fontana Specific Plan and the Rancho Fontana Specific Plan Environmental Impact Report; and
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WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, by way of preparation of an addendum for the project, staff evaluated the project in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA by preparing an Initial Study and accompanying technical reports (Addendum); and

WHEREAS, based on that evaluation, staff concluded that the FEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the proposed project, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, pursuant to State CEQA Guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the FEIR; and

WHEREAS, MCN 24 -0065 are supported by the goals and policies of the General Plan; and

WHEREAS, the Conditions of Approval have been prepared and are attached hereto as Exhibit “B” for TTM No. 24-0010 (TTM No. 20729) and Exhibit “C” for DRP No. 24-0035; and
WHEREAS, all notices required by statute and the Fontana Municipal Code have been given as required; and
WHEREAS, the owners of property within 660 feet of the Subject Property were notified via public hearing notice mailer prior to the Public Hearing for Planning Commission and City Council; and a notice of the public hearing was published in the Fontana Herald new spaper on June 20, 2025, for Planning Commission and July 11, 2025, for City Council, and at the project site; and
WHEREAS, on July 1, 2025, the Fontana Planning Commission (“Planning Commission”) held a noticed public hearing on MCN 24 -0065 and received p ublic testimony and evidence presented by the Applicant, City staff, and other interested parties at the Public Hearing held on the project Addendum to the Rancho Fontana Specific Plan FEIR, MMRP, and MCN No. 24 -0065 and recommended approval with a vote of 5-0 to the City Council by Resolution No. 2025-022; and

WHEREAS, on July 22, 2025, the City Council conducted a noticed public hearing on the project Addendum to the Rancho Fontana Specific Plan FEIR, MMRP, and MCN No. 24 -0065 and received testimony fro m all parties and documentation from 518
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the Planning Commission’s public hearing on July 1, 2025; and

WHEREAS, based on the information presented to and evidence received by the City Council at the public hearing held on July 22, 2025, for the project, Addendum to the Rancho Fontana Specific Plan FEIR, MMRP, and MCN No. 24-0065, the City council found that the project is in conformance with the goals and policies of the General Plan; and

WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use and planning; and

WHEREAS all other legal prerequisites to the adoption of this Resolution have occurred.

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

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

Section 2. Compliance with California Environmental Quality Act . T he City Council has reviewed and considered the Rancho Fontana Specific Plan FEIR and Addendum, any oral or written comments received, and the administrative record prior to making any recommendation on the Proposed Project. The City Council finds that the Addendum and Rancho Fontana Specific Plan FEIR contain a complete and accurate reporting of all of the environmental impacts associated with the Proposed Project. The City Council further finds that the Addendum have been completed in compliance with the State CEQA Guidelines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the Rancho Fontana Specific Plan FEIR, the Addendum, and all related information presented to the City Council, the Council finds that the Proposed Project necessitates only minor modifications to the Rancho Fontana Specific Plan FEIR.

Therefore, pursuant to State CEQA section 15164 and S ection 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the Rancho Fontana Specific Plan FEIR is the appropriate document for the project.

The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Project because the Project:

A. Will not result in substantial changes that would require major revisions of the Rancho Fontana Specific Plan FEIR due to the involvement of new significant environmental effects o r a substantial increase in the severity of previously identified 519
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significant effects; and
B. Will not result in substantial changes with respect to the circumstances under which the proposed project are developed that would require major revisions of the Rancho Fontana Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. Does not present new information of substantial importance that w as not known and could not have been known with the exercise of reasonable diligence at the time the Rancho Fontana Specific Plan FEIR documents were certified showing any of the following:

(i) The proposed project would have one or more significant effects n ot discussed in the EIR;
(ii) That significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially r educe one or more significant effects, but the lead agency declined to adopt such measures; and (iv) That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.

Section 4. Findings on Environmental Impacts . Having considered the Addendum, the administrative record, the Rancho Fontana Specific Plan FEIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the proposed project have been addressed within the Rancho Fontana Specific Plan FEIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the proposed project may result in any significant environmental impacts beyond those analyzed in the Rancho Fontana Specific Plan FEIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the proposed project and reflects the independent judgment and analysis of the City Council.

Section 5. Adoption of the Addendum to the Rancho Fontana Specific Plan FEIR. The City Council hereby adopts the Addendum to the EIR for the Rancho Fontana Specific Plan Program Environmental Impact Report (SCH No. 1981100211) and Mitigation, Monit oring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA

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Section 6. Specific Plan Findings. The City Council hereby makes the following findings for Specific Plan Amendment No. 24 -0001 in accordance with Section 30 -67 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Specific Plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The Applicant is proposing to amend the Rancho Fontana Specific Plan to create an additional land use designation. The project site is currently located in planning area 18, which allows “low medium density residenti al” and a maximum residential density of six dwelling units per acre. The Applicant is proposing to create an additional planning area (18A) to allow for “high density residential”, which allows for a maximum residential density of 12 dwelling units per acre. Planning Area 18A includes development standards specific to the higher density residential, such as setbacks and parking standards. The amendment to the specific plan will allow for the development of the only remaining vacant area in the specific pla n and will diversify the densities and residential product types in the specific plan. The amendment to the Rancho Fontana Specific Plan will not be detrimental to any of the surrounding land uses. The amendment is considered appropriate, having been evalu ated within the context of generally accept planning principles, compatibility with surrounding land uses, and consistency with the General Plan.

Section 7. Tentative Tract Map Findings. The City Council hereby makes the following findings for TTM No. 24-0010 (TTM No. 20729) in accordance with Section No. 26-218(d) of the FMC:

Finding No. 1: That the proposed map is consistent with the city's general plan and any applicable specific plan.

Findings of Fact: Tentative Tract Map No. 24-0010 (TTM No. 20729) is consistent with the existing General Plan Land Use Designation for the project site. The lot size meets the lot standards of the existing and proposed designation in the Rancho Fontana Specific Plan . The tentative tract map is a request to subdivide approximately

3.3 acres (APN: 1110-171-02) for condominium purposes for the construction of a 54-unit attached condominium development with associated improvements , which is a land use permitted in the proposed specific plan designation.

Finding No. 2: That the design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

Findings of Fact: The site design for Tentative Tract Map No. 24-0010 (TTM No. 20729) is consistent with the General Plan. The lot size and street configuration conform to the requirements of the Land Use, Zoning, and Urban Design and Community 521
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Mobility and Circulation Elements of the City of Fontana General Plan, and Chapter No. 26 of the FMC. The lot size and street configuration also conform to the standards of the proposed land use designation in the Rancho Fontana Specific Plan. The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all the zoning and Rancho Fontana Specific Plan requirements. Improvements consist of curb, gutter and sidewalks on Orlando Drive and Lime Avenue, drainage, and grading to provide a safe and well-designed project for the area.

Finding No. 3: The site is physically suitable for the type and density of development proposed.

Findings of Fact: The project site, which consists of approximately 3.3 adjusted gross acres, is adequate in size to accommodate the development of a 54-unit attached condominium development with associated improvements . The existing topography is conducive for the project, and development of the site will not require setback variances.

Therefore, the site is suitable for this type of development.

Finding No. 4: The design o f the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The design of Tentative Tract Map No. 20729 (TTM No . 20729) is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There will be no significant effect on the environment with mitigation as a result of project implementation. An Addendum to the Rancho Fontana Specific Plan Environmental Impact Report has been prepared and made a part of the environmental documentation and Conditions of Approval for this project.

Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems.

Findings of Fact: The design of Tentative Tract Map No. 24-0010 (TTM No. 20729) will not cause public health problems. The development complies with the general plan and specific plan land use requirements. Improvements include connection to public sewer, sidewalks, drainage, and grading to provide a safe and well -designed project for the area. Therefore, the project promotes the public health, safety, and welfare of the surrounding community.

Finding No. 6: That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

Findings of Fact: The design of Tentative Tract Map No . 24-0010 (TTM No. 20729) and public improvements will not conflict with access easements acquired by the public. The site is accessed from Orlando Drive and Lime Avenue , which are publicly 522
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maintained street s. Currently, there are no other public access ea sements through or within the project site.

Section 8. Design Review Findings. The City Council hereby makes the following findings for Design Review No. 24-0035 in accordance with Section No. 30-120. “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the general plan, Zoning and Development Code, and any specific plan or area plan.

Findings of Fact: The project proposes a site and archi tectural design for the 54-unit condominium development . The project will be an appropriate and desirable development for the area . The areas surrounding the project site are developed with detached single-family dwellings. While the proposed condominiums are attached, the development will function similar ly to the adjacent single -family neighborhoods with sufficient private open space, common open spac e and parking . The condominium buildings are similar in height to the two -story dwellings in the vicinity and will be similar is scale.

The proposed development is located in the Residential Planned Community (R- PC) general plan land use designation. The designation is used for master -planned communities with specific plans and is considered as a “legacy” land use category linked to the zoning and density approved in specific plans. The project site is located in the Rancho Fontana Specific Plan and with the requested a ssociated specific plan amendment, the project will meet or exceed the criteria contained in the specific plan and Zoning and Development Code.

Finding No. 2: The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe, and desirable development promoting the public health, safety, and welfare of the community.

Findings of Fact: The project consists of the development of a 54-unit attached condominium project. The development will be built pursuant to all applicable building, zoning and fire codes, in addition to the Conditions of Approval attached hereto as Exhibit B and C and referenced herein. Architectural features such as a light neutral color palette, decorative clay pipe , metal accents and smooth stucco will accentuate the Spanish architectural style . Additionally, variations to the building face and roof lines are architecturally pleas ing. The project includes improvements along Orlando Drive and Lime Avenue.

Finding No. 3: The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe well -designed facility while enhancing the character of the surrounding neighborhood.

Finding of Fact: The project is aesthetically and arc hitecturally pleasing and compatible with the surrounding area. The project site is approximately 3.3 acres 523
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adjusted gross acres and is physically suitable in size and shape to support an attached condominium development. Applicable building, zoning, and fire codes will make for a safe, attractive, and well-designed project. The project will create visual interest with architectural features of the Spanish style, such as smooth stucco, a light neutral color palette, decorative clay pipes, metal accents, an d shutters . The character of the surrounding neighborhood reflects both one- and two- story single-family dwellings. The project is compatible with the surrounding uses and provides a development that is designed with features (architectural relief, landsc aping, street improvements, and lighting) to enhance the character of the surrounding area.

Finding No. 4: The site improvements are appropriate and will result in a safe, well-designed facility.

Finding of Fact: The development has appropriate improvements, not only for the project site but the surrounding area. Project features include sidewalks, drainage, grading, perimeter and privacy walls, and fencing to provide a safe and well -designed neighborhood. The project has been reviewed by the Planning, Engineering, Building and Safety Departments, as well as Fontana Fire Prevention for site circulation, access, and safety and it was determined the project exceeds the standards of the Zoning and Development Code and will provide a safe design for public access.

Section 9. Specific Plan Amendment Approval. Based on the findings in Section 6, the City Council hereby approves SPA No. 24 -001 is hereby approved, with the approved amendments as shown on Exhibit “A”, attached hereto and by this reference incorporated herein.

Section 10. Tentative Tract Map Approval. Based on the findings in Section 7, the City Council hereby approves TTM No. 24-0010, subject to the Conditions of Approval attached here to as Exhibit “B” and incorporated herein by this reference as fully set forth herein.

Section 11. Design Review Approval. Based on the findings in Section 8, the City Council hereby approve s DRP No. 24 -0035, subject to the Conditions of Approval attached hereto as Exhibit “C” and incorporated by this reference as fully set forth herein.

Section 12. Resolution Regarding Custodian of Record . The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code Section No. 21081.6.

Section 13. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 14. Effective Date. This Resolution shall become effective immediately upon its adoption.
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Section 15. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 22nd day of July 2025.

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 of Fontana at a regular meeting thereof, held on the 22nd day of July 2025, 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

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EXHIBIT “A”
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RANCHO FONTANA SPECIFIC PLAN

LAND USE DEVELOPMENT PLAN (EXISTING)

PLANNING UNIT AREAS

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RANCHO FONTANA SPECIFIC PLAN

LAND USE DEVELOPMENT PLAN (PROPOSED)

PLANNING UNIT AREAS

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Development Plan Statistical Summary

Planning Unit

Land Use
Designation
Gross
Acreage
Max
Density
(DU/AC)
Existing
(Approved)
Units

Proposed
Units
TOTAL #
OF
UNITS

1 Low Density Residential 15.30 6.0 89 0 89
2 Low Density Residential 5.00 6.0 23 0 23
3 Low Density Residential 30.00 4.5 134 0 134
4 Low Density Residential 9.50 6.0 49 0 49
5 Low Density Residential 10.00 6.0 56 0 56
6 Low Density Residential 20.50 6.0 122 0 122
7 School/Park 10.00 N/A 0 0 0
8 Low Density Residential 18.20 4.5 82 0 82
9 Low Density Residential 20.00 4.5 90 0 90
10 Low Density Residential 22.50 4.5 101 0 101
11 Park 10.00 N/A 0 0 0
12 Low Density Residential 20.00 6.0 114 0 114
13 Low Density Residential 5.00 6.0 29 0 29
14 Low Density Residential 15.00 6.0 83 0 83
15 Low Density Residential 20.00 6.0 111 0 111
16 Low Density Residential 4.50 6.0 27 0 27
17 Low Density Residential 10.00 6.0 55 0 55
18 Low Density Residential 14.67 6.0 88 0 88
18A High Density
Residential

4.53 12.0 0 54 54
19 Low Density Residential 30.50 4.5 132 0 132
20 Low Density Residential 10.00 4.5 41 0 41
21 Low Density Residential 15.00 6.0 83 0 83
22 Low Density Residential 9.80 6.0 41 0 41
23 Low Density Residential 20.00 4.5 90 0 90
24 Low Density Residential 19.50 6.0 92 0 92
25 Low Density Residential 20.50 4.5 92 0 92
26 Low Density Residential 20.00 4.5 90 0 90
27 School/Park 10.00 N/A 0 0 0
28 Low Density Residential 10.00 4.5 45 0 45
29 Low Density Residential 20.00 4.5 87 0 87
30 Low Density Residential 20.00 4.5 77 0 77
31 Low Density Residential 20.00 4.5 86 0 86
32 Low Density Residential 20.00 N/A 102 0 102
33 Low Density Residential 10.00 4.5 49 0 49
520.0

Existing Approved
Units
2,360 54 2,414

SP TOTALS

Proposed
Units

TOTAL

Total 2,360 54 2,414

Remaining Undesignated 31
Max Permitted per EIR 2,445
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ATTACHMENT NO. 1

(Rancho Fontana Specific Plan Amendment #10 (SPA #24-0010)

Amend Section 4.3.1.2 Residential as follows:

The residential portion of the plan proposes a total of 2445 total dwelling units, to be constructed in a variety of densities and product types. Table 1 (Land Use Summary) provides a breakdown of the assigned gross densities, acres and dwelling unit yield for each planning unit. Residential land uses are broken down into four density categories. Each residential planning unit has an assigned density which corresponds with one of the four density categories. This assigned density and the resultant dwelling unit yield based on these densities generates the maximum yield within each planning unit. Cumulatively, the maximum assigned densities for each planning unit yield an average of 4.5 dwelling units per acre over the entire plan area. This average yield is consistent with the General Plan designation for the project area.

The concept of the plan is to allow flexibility during plan implementation. This is provided in several ways. First, the assigned densities are maximum yields for each planning unit without an amendment to the Rancho Fontana Specific Plan, and may in fact be built out at lower yields depending on market conditions. Second, the plan allows for a range of residential product types in any residential planning unit, again responding to market conditions as long as the maximum assigned yield is not exceeded without an amendment to the Rancho Fontana Specific Plan reallocating units to a specific planning unit. Third, intensification of development may also occur in response to physical design constraints; however, the assigned density and dwelling unit cannot be exceeded without an amendment to the Rancho Fontana Specific Plan reallocating units to a specific planning unit. For example, the precise planning of Planning Unit 12 may indicate that physical constraints restrict the developable portion of the Unit to 60 percent of its gross area. The dwelling unit yield for Unit 12 must then be intensified on 60 percent of the Planning Unit area which will probably result in the utilization of a different housing product type to achieve the maximum yield than that which could be used if 100 percent of the area were developable. Thus, the plan allows flexibility during precise plan implementation while still providing a maximum plan yield for infrastructure planning purposes.

The concept of the plan in terms of residential allocation is to intensify development within the village loop area of the plan. Intensifying development within and along the village loop reinforces the area within the loop as the focal area or core of the village with the village loop street acting to tie the activity centers within this area together. The three highest density categories occur within the loop and the planning units outside the loop are almost exclusively the lowest density category.

Amend Section 6.3.5 as follows:

All areas designated for residential use may not exceed the maximum dwelling unit yield as indicated in the statistical analysis summary without the approval by the City of Fontana of a density transfer. In no case shall the dwelling unit count exceed the total number depicted 530
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in the statistical analysis summary without the approval by the City of Fontana of a density
transfer, but may be developed below those densities without an amendment to the Rancho Fontana Specific Plan.

Add back Section 6.3.11: High Density Residential as follows:

High density residential shall be defined as areas in which the gross density is twelve (12) dwelling units per acre.

Amend Section 6.3.18: Density as follows:
a) Computation for acreage for determining densities designated for residential use shall be based on gross acreage.
b) The total number of dwelling units in any residential planning unit as shown on the statistical analysis summary in Section 6.2 of this Specific Plan shall not be exceeded without the approval by the City of Fontana of a density transfer.

Development of any individual planning unit to a lower density may occur without an amendment to the Rancho Fontana Specific Plan.

Amend Section 6.5.1.5: Off Street Parking as follows:
a) Parking for High-Density Residential uses shall require a minimum of two (2) and one-half (.5) spaces for each dwelling unit. All required parking spaces shall be located off-street. Parking for all other uses shall be as required by City of Fontana Zoning Ordinance.

Add and Amend Section 6.5.3.6: Setback from Street as follows:
a) The following minimum setbacks shall apply to maintain structures abutting streets.

Said setbacks shall be measured from the ultimate right-of-way line. i. Street Designation Min. Setback from ROW
Major 25 ft. 15 ft.

Primary 20 ft. 15 ft.

Collector 15 ft.

Local 15 ft.
b) Projection into Setbacks along Public Rights-of-Way. A setback along public rights-of-way may be reduced by up to 50 percent where a deceleration lane or bus bay would result in an encroachment into the required setback area, provided:
(1) The reduced setback area shall be no more than the length of the required deceleration lane or bus bay, as determined by the City Engineer. (2) Does not include any reduction of the landscaped area requirement or landscape screening requirement for any parking areas.
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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. 24-0065 DATE: July 22, 2025 Tentative Tract Map 24-0010 (TTM No. 20729)

LOCATION: South of Baseline Avenue, east of Orlando Drive and west of Lime Avenue (APN: 1110-171-02)

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the applicant commence the use for which this project is granted, until both of the following have occurred:

A. All requirements of the Fontana City’s Municipal Code shall be complied with.

B. All Conditions of Approval imposed on this project have been fulfilled.

2. The applicant/developer/property owner shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicants proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding the city shall have the right to retain legal counsel. The applicant shall be responsible for and reimburse the city for such legal fees and costs, in their entirety, including actual attorney fees, which may be incurred by the city in defense of such action or proceeding. This indemnification shall also include but not be limited to, damages, fees and or costs awarded against the city, if any, and cost of suit attorney’s fees, and other costs awarded against the city liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the city and/or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would n ot have 532
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approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. Tentative Tract Map No. 24-0010 (TTM No. 20729) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Rancho Fontana Specific Plan, Chapter 30 (Zoning and Development ), Fontana Municipal Code (FMC) and the Subdivision Map Act.

4. The applicant/developer shall underground all utilities pursuant to Section 27 -50 through 27-54 of the City of Fontana Municipal Code, which for the purpose of this condition shall also include all boxes, structures and/or other equipment located in the public right-of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Planning. A note to this effect shall be placed on the map prior to recordation of the final map.

5. All Conditions of Approval and Mitigation Monitoring and Reporting Program (MMRP) contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

6. The developer shall comply with the mitigation measures identified in the CEQA Addendum Mitigation (SCH No. 1981100211) Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.

7. Tentative Tract Map No. 24-0010 (TTM No. 20729) shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period.

8. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 of the Municipal Code.

9. The applicant shall post a publicly visible sign on the Subject Property with the telephone number and 24 -hour point of contact for dust, noise and construction complaints. The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.
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10. Historic Archaeological Resources

A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding tre atment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non -profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken.

Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

11. The construction contractor shall use the following source controls at all times:

A. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(b)(7) of the Municipal Code.

B. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

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Resolution No. 2025-079

Page 19 of 33 ends
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