Fontana City Council
July 22, 2025

Tuesday, July 22, 2025
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1973 Reso. No. 2025-048
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda July 22, 2025
Welcome to a meeting of the Fontana City Council.

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

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

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

PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: 16641 Orange Way (APN 0191-251-21-0000 and
16643 Orange Way (APN 0191-251-06-0000)
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Steve Landis
Under Negotiating: Price and Terms of payment.

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
25-0422

2 City Council Meeting Regular Agenda July 22, 2025
TO GOVERNMENT CODE SECTION 54957.6 City Negotiator:

John Bakhit, Labor Counsel and Matt Ballantyne, City
Manager. Employee Organization: Police Management
Association.

CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

A. Proclamation
A. 1. Mayor Warren and City Council to proclaim August as Sickle Cell Trait Prevention Month (Sickle Cell Trait
Prevention Founder and Executive Director, Farron Dozier, to accept).

2. Mayor Warren and City Council to proclaim August 5,
2025, as National Night Out (Police Chief Michael Dorsey to accept).

3. Mayor Warren and City Council to proclaim July as
Parks and Recreation Month (Community Services Director Daniel Schneider to accept).
25-0424
SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize Community Services Department Employee of the Year (Community
Services Director Daniel Schneider to present).

2. Mayor Warren and City Council to recognize, Corporals Joshua Patty, Andrew Hackett, Matthew Rodgers, John
Collopy & Bradley Ubovich and Officers Paul Beltran,
Samuel Saenz, & Michael Bernath as June 2025 Employees
of the Month (Captain Burton to present).

3. Healthcare/Legislative Update (President and CEO of San Antonio Regional Hospital, John Chapman to present).
25-0423
PUBLIC COMMUNICATIONS:

3 City Council Meeting Regular Agenda July 22, 2025
This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 25-0420
Approve the minutes of the July 8, 2025, Regular City Council Meeting.

Attachment No. 1- City Council Meeting Minutes
07-08-2025.pdf
Attachments:

B. Adoption of Ordinance No. 1972 (Second Reading) ,
adopting the 2025 State of California Fire Hazard Severity Zone Map
25-0421
Conduct a second reading by title only and adopt Ordinance No. 1972, adopting the 2025 State of California Fire Hazard Severity Zone Map Pursuant to California Government Code Sections 51177-51179 and amending Chapter 30, Article IX (Overlay Districts), Division 8 (Fire Hazard Overlay District), Section 30-656(a) of the City of Fontana Zoning and Development Code.

Attachment No. 1- Ord 1972.doc
Attachment No. 2- Exhibit A.pdf
Attachment No. 3- Exhibit B.pdf
Attachments:

C. Police Department Donations January - June 2025 25-0183 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

Attachment No. 1- PD Jan-June 2025 Donation List.pdfAttachments:

D. Final Acceptance for the Construction of Fire Station No. 81 located at 16615 Casa Grande Avenue (Bid No .

SB-06-DE-22)
25-0298

4 City Council Meeting Regular Agenda July 22, 2025
Accept as complete the work performed by TELACU Construction Management, Inc. for the construction of Fire Station No. 81 Project (#37603383).

Attachment No. 1- Vicinity MapAttachments:

E. Award a Professional Services Agreement for Design
Services with Kimley-Horn and Associates, Inc. for the
Pickleball Courts at Seville Park Project (DE-24-138-SP) 25-0329

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for Design Services for the Pickleball Courts at Seville Park Project in the amount of $205,675.00 (Request for Proposals DE-24-138-SP).

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments with Kimley-Horn and Associates, Inc., not exceeding $20,000 for the Pickleball Courts at Seville Park Project (DE-24-138-SP).

3. Authorize the City Manager to execute any and all utility agreements for the Pickleball Courts at Seville Park Project.

Attachment No. 1- DRAFT - Kimley-Horn Agreement
DE-24-138-SP.pdf
Attachment No. 2- Exhibit-Seville Park Pickle Ball Courts Landscape Concept REV 2.pdf
Attachment No. 3- Proposal Ranking
Attachment No. 4 - Vicinity Map
Attachments:

F. Award a Contract for the Demolition of Seville Park
Amphitheater
25-0347
Authorize the City Manager to execute a CUCCAC contract PW-26-11-CC with Wreck Age Demolition Inc. in the amount of $49,800.00 with a 10% contingency in the amount of $4,980.00 for the demolition of Seville Park Amphitheater.

Attachment No. 1- Quote for demo Seville Park
Amphitheater.pdf
Attachments:

G. Acceptance of 2025 Housing and Homelessness Incentive Program Funding
25-0348

1. Accept the San Bernardino County Continuum of Care’s Housing and Homelessness Incentive Program funding in the amount of $1,700,000;

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt of the San Bernardino County Continuum of Care’s Housing and

5 City Council Meeting Regular Agenda July 22, 2025
Homelessness Incentive Program funding.

Attachment No. 1- Fontana 2025 HHIP CoC Notification of Award Recommendation.pdf
Attachments:

H. Acceptance of Final Parcel Map No. 20464 for the
Development of a Commercial Property at the northwest
corner of Citrus Avenue and South Highland Avenue, and
the Abandonment of a Certain Portion of Alleys and a
Certain Portion of Highland Avenue
25-0360
Attachment No. 1- PM 20464 - Fontana Square Land
Improvement Agreement Placeholder.pdf
Attachment No. 2- PM 20464 - Abandonment Areas.pdf
Attachment No. 3- PM 20464 - Vicinity Map.pdf
Attachment No. 4- PM 20464 - Sheets 1-4.pdf
Attachments:

I. Approve a Professional Services Agreement for
Architectural Design Services with Rubio Medina, Architect for the Metrolink Emergency Responder Substation Project (DE-25-153-SP)
25-0361

1. Award and authorize the City Manager to execute a Professional Services Agreement with Rubio Medina, Architect for Architectural Design Services for the Metrolink Emergency Responder Substation Project in the amount of $455,190.00 (Request for Proposals DE-25-153-SP).

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00 for the Metrolink Emergency Responder Substation Project (Request for Proposals DE-25-153-SP).

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Metrolink Emergency Responder Substation Project.

Attachment No. 1 - Vicinity Map_Metrolink Substation.pdf Attachment No. 2 - Ranking Matrix.pdf
Attachment No. 3 - [DRAFT] Professional Services
Agreement (Design; DE-25-153-SP).pdf
Attachments:

J. Award Bid for Food Services - The Path DS-25-101-SP 25-0367

1. Award bid and authorize a purchase order for a one-year with Chapala Mexican Grill in the amount of $179,400.00 for food services for The Path Homelessness Shelter.

2. Approve and Authorize the City Manager, or City Manager’s designee, to

6 City Council Meeting Regular Agenda July 22, 2025
execute any future amendments and necessary documents for the Food services agreement.

Attachment No. 1- scoring matrix DS-25-101-SP.pdf
Attachment No. 2- BidSummary129869 (1).pdf
Attachments:

K. Purchase of Artificial Turf Replacement Materials for Fields #1 and #2 at Ralph M. Lewis Park.
25-0370

1. Authorize the Purchasing Division to utilize the California Multiple Awards Schedule (CMAS) contract #4-06-78-0031A to procure Artificial Turf Replacement Materials and Nailer Boards Replacement per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal.

2. Approve the purchase from FieldTurf USA, Inc. in the amount of $753,598.70 for the synthetic turf and materials.

Attachment No. 1- Ralph Lewis Park - Fields 1 and 2 CMAS Proposal Material Only 07.09.25.pdf
Attachments:

L. Amend the Professional Service Agreement DS- 24-127-MS for the property management of 17133 Valley
Boulevard-The Path
25-0371

1. Approve and Authorize the City Manager, or City Manager’s designee, to amend the Professional Service Agreement in the amount of $44,375 per month.

2. Approve and Authorize the City Manager, or City Manager’s designee, to execute any future amendments and documents necessary for the Property Management of The Path.

Attachment No. 1- The Path Updated Services Proposal.pdf Attachment No. 2-
KCP_Management_Agreement_DS-24-127-MS.pdf
Attachments:

M. Measure I Five Year Local Street Capital Improvement Program Annual Adoption
25-0377
Adopt Resolution No. 2025-048, adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2025/2026 - 2029/2030.

Attachment No. 1- Measure I Five Year Local Street Capital Improvement Program Annual Adoption
Attachment No. 2- 2026-2030 CIP_Report_Attachment A
Attachments:

N. A Resolution of the City Council of the City Of Fontana, California, Approving Amendment No. 2 to the Professional Services Agreement Between the City of Fontana and
Water of Life Community Church for Homelessness
25-0381

7 City Council Meeting Regular Agenda July 22, 2025
Services

1. Adopt Resolution No. 2025-049 , approving Amendment No. 2 to the Professional Services Agreement with Water of Life Community Church (“CityLink”), which provides for an extension of the agreement for an additional year, expands the scope of homelessness services, and increases the total consideration to Six Hundred Thousand Dollars ($600,000.00).

2. Authorize the City Manager to execute all future amendments to the agreement with CityLink for Homeless Services.

Attachment No. 1 Resolution
Attachment No. 2 Water of Life Amendment No. 2
SP-86-HD-23 (BBK Edits 7.16.25)-c1.doc
Attachments:

O. Levy of a Special Tax in Community Facilities Districts (Maintenance) for Fiscal Year 2025-2026
25-0383
Adopt Resolution No. 2025-050, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2 -Exhibit A
Attachments:

P. Levy of a Special Tax in Community Facilities District No. 1 (Southridge Village) for Fiscal Year 2025-2026
25-0384
Adopt Resolution No. 2025-051, Authorizing the Levy of a Special Tax in Community Facilities District No. 1 (Southridge) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachments:

Q. Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2025-2026
25-0385
Adopt Resolution No. 2025-052, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Location Map
Attachments:

R. Levy of a Special Tax in Community Facilities District No . 11 (Heritage West End) for Fiscal Year 2025-2026
25-0386
Adopt Resolution No. 2025-053, of the City Council of the City of Fontana,

8 City Council Meeting Regular Agenda July 22, 2025
California, authorizing the Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Location Map
Attachments:

S. Levy of a Special Tax in Community Facilities District No . 12 (Sierra Lakes) for Fiscal Year 2025-2026
25-0387
Adopt Resolution No. 2025-054, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Location Map
Attachments:

T. Levy of a Special Tax in Community Facilities District No . 22 (Sierra Hills South) for Fiscal Year 2025-2026
25-0388
Adopt Resolution No. 2025-055, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Location Map
Attachments:

U. Levy of a Special Tax in Community Facilities District No . 31 (Citrus Heights North) for Fiscal Year 2025-2026
25-0389
Adopt Resolution No. 2025-056, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

V. Levy of a Special Tax in Community Facilities District No . 37 (Montelago) for Fiscal Year 2025-2026
25-0390
Adopt Resolution No. 2025-057, of the City Council of the City of Fontana,

9 City Council Meeting Regular Agenda July 22, 2025
California, authorizing the Levy of Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Location Map
Attachments:

W. Levy of a Special Tax in Community Facilities District No . 70 (Avellino) for Fiscal Year 2025-2026
25-0391
Adopt Resolution No. 2025-058, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 70 (Avellino) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

X. Levy of a Special Tax in Community Facilities District No . 71 (Sierra Crest) for Fiscal Year 2025-2026
25-0392
Adopt Resolution No. 2025-059, Authorizing the Levy of Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Location Map
Attachments:

Y. Levy of a Special Tax in Community Facilities District No . 74B and 74M (Citrus/Summit) for Fiscal Year 2025-2026.
25-0393

1. Adopt Resolution No. 2025-060, Authorizing the Levy of a Special Tax in Community Facilities District No. 74B (Citrus /Summit) for Fiscal Year 2025-2026.

2. Adopt Resolution No. 2025-061, Authorizing the Levy of a Special Tax in Community Facilities District No. 74M (Citrus /Summit) for Fiscal Year 2025-2026.

10 City Council Meeting Regular Agenda July 22, 2025
Attachment No. 1- Resolution CFD No. 74B
Attachment No. 2- Resolution CFD No. 74M
Attachment No. 3- Exhibit A
Attachment No. 4- Exhibit B
Attachment No. 5- Exhibit C
Attachment No. 6- Boundary Map
Attachments:

Z. Levy of a Special Tax in Community Facilities District No . 80 (Bella Strada) for Fiscal Year 2025-2026
25-0394
Adopt Resolution No. 2025-062, Authorizing the Levy of Special Tax in Community Facilities District No. 80 (Bella Strada) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AA. Levy of a Special Tax in Community Facilities District No . 81 (Gabriella) for Fiscal Year 2025-2026
25-0395
Adopt Resolution No. 2025-063, Authorizing the Levy of Special Tax in Community Facilities District No. 81 (Gabriella) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2 -Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AB. Levy of a Special Tax in Community Facilities District No . 85 (The Meadows) for Fiscal Year 2025-2026.
25-0396
Adopt Resolution No. 2025-064, Authorizing the Levy of Special Tax in Community Facilities District No. 85 (The Meadows) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AC. Levy of a Special Tax in Community Facilities District No . 86 (Etiwanda Ridge) for Fiscal Year 2025-2026
25-0397
Adopt Resolution No. 2025-065, Authorizing the Levy of Special Tax in Community Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year 2025-2026.

11 City Council Meeting Regular Agenda July 22, 2025
Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AD. Levy of a Special Tax in Community Facilities District No . 87 (El Paseo) for Fiscal Year 2025-2026
25-0398
Adopt Resolution No. 2025-066, Authorizing the Levy of Special Tax in Community Facilities District No. 87 (El Paseo) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AE. Levy of a Special Tax in Community Facilities District No . 88 (Sierra Crest II) for Fiscal Year 2025-2026
25-0399
Adopt Resolution No. 2025-067, Authorizing the Levy of Special Tax in Community Facilities District No. 88 (Sierra Crest II) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AF. Levy of a Special Tax in Community Facilities District No . 89 (Belrose) for Fiscal Year 2025-2026
25-0400
Adopt Resolution No. 2025-068, Authorizing the Levy of Special Tax in Community Facilities District No. 89 (Belrose) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AG. Levy of a Special Tax in Community Facilities District No . 90 (Summit at Rosena Phase One) for Fiscal Year
2025-2026
25-0401
Adopt Resolution No. 2025-069, Authorizing the Levy of Special Tax in Community Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal Year 2025-2026.

12 City Council Meeting Regular Agenda July 22, 2025
Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AH. Levy of a Special Tax in Community Facilities District No . 95 (Summit at Rosena Phase Two) for Fiscal Year
2025-2026
25-0402
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.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AI. Levy of a Special Tax in Community Facilities District No . 99 (The Retreat) for Fiscal Year 2025-2026
25-0403
Adopt Resolution No. 2025-071, Authorizing the Levy of Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AJ. Levy of a Special Tax in Community Facilities District No . 100 (Victoria) for Fiscal Year 2025-2026
25-0404
Adopt Resolution No. 2025-072, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AK. Levy of a Special Tax in Community Facilities District No . 106 (Mountainview) for Fiscal Year 2025-2026
25-0405
Adopt Resolution No. 2025-073, Authorizing the Levy of Special Tax in Community Facilities District No.106 (Mountainview) for Fiscal Year 2025-2026.

13 City Council Meeting Regular Agenda July 22, 2025
Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AL. Levy of a Special Tax in Community Facilities District No . 107 (Highland) for Fiscal Year 2025-2026
25-0406
Adopt Resolution No. 2025-074, Authorizing the Levy of Special Tax in Community Facilities District No.107 (Highland) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AM. Levy of a Special Tax in Community Facilities District No . 109 (Narra Hills) for Fiscal Year 2025-2026
25-0407
Adopt Resolution No. 2025-075, Authorizing the Levy of Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AN. Levy of a Special Tax in Community Facilities District No . 111 (Monterado) for Fiscal Year 2025-2026
25-0408
Adopt Resolution No. 2025-076, Authorizing the Levy of Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2025-2026.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AO. Levy of a Special Tax in Community Facilities District No . 112 (The Gardens Phase One) for Fiscal Year 2025-2026
25-0409
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.

14 City Council Meeting Regular Agenda July 22, 2025
Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AP. Levy of a Special Tax in Community Facilities District No . 113 (The Gardens Phase Two) for Fiscal Year 2025-2026
25-0410
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.

Attachment No. 1- Resolution
Attachment No. 2- Exhibit A
Attachment No. 3- Exhibit B
Attachment No. 4- Boundary Map
Attachments:

AQ. Police Department Monthly Information Update 25-0412 Accept the Police Department monthly information update for May 2025.

Attachment No. 1- May 2025 Report for City Council
Rev.pptx
Attachments:

AR. 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)
25-0430

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.

Attachment No. 1- Engineering Professional Services
Agreement (2019)-c1.pdf
Attachments:

PUBLIC HEARINGS:

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

15 City Council Meeting Regular Agenda July 22, 2025
someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. 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
25-0349
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.

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
Attachment No. 4 - Public Hearing Notice
Attachment No. 5 - Comment Letter and Response Memo
Attachments:

B. Public Hearing to Establish Fiscal Year 2025-2026
Assessment Rates for Landscape and Lighting
Maintenance Districts
25-0411

16 City Council Meeting Regular Agenda July 22, 2025

1. Adopt Resolution No. 2025-080 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2025-2026.

2. Adopt Resolution No. 2025-081 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2025-2026.

3. Adopt Resolution No. 2025-082 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2025-2026.

4. Adopt Resolution No. 2025-083 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2025-2026.

5. Adopt Resolution No. 2025-084 , of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2025-2026.

Attachment No. 2- LMD 2 Resolution
Attachment No. 3 LMD 3 Resolution
Attachment No. 4- LMD 3-1 Resolution
Attachment No. 5- LLMD 3 Resolution
Attachments:

C. Adjustment of User Fees for City Services 25-0415
Adopt Resolution No. 2025-085, a resolution of the City of Fontana updating and establishing user and regulatory fees for various regulatory activities, programs, and services set forth in a master fee schedule and identifying an inflationary factor for future adjustments.

Attachment No. 1- RESOLUTION 2025-XX ADOPTING
UPDATED AND NEW USER FEES-c1.pdf
Attachmetn No. 2- Exhibit A
Attachments:

D. Master Case No. 25-0019 and Municipal Code Amendment (MCA) No. 25-007: Fontana Municipal Code amendments to
multiple sections of the Fontana Zoning and Development Code to revise signage regulations within the Downtown
Core, streamline the approval process for various sign
types and to prohibit feather and yard signs pursuant to the certified General Plan Environmental Impact Report (State 25-0416

17 City Council Meeting Regular Agenda July 22, 2025
Clearinghouse [SCH] No. 2016021099) and Public
Resources Code Section 21083.3​

1. Determine that the proposed amendments in the Ordinance are consistent with the Fontana General Plan and certified General Plan Environmental Impact Report (EIR) (State Clearinghouse No . 2016021099) and so qualifies for an exemption from CEQA specifically Public Resources Code 20183.3 and CEQA Guidelines Section 15183 as the proposed amendments will have no new or more severe significant environmental effect “peculiar to” the Ordinance than discussed in the certified EIR and will have no significant off-site and cumulative impacts not discussed in that EIR as long as all applicable mitigation measures in the certified EIR will be undertaken; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1974, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0019 and Municipal Code Amendment No. 25-0007 to modify the sign code section to encourage attractive signage in the Downtown Core by allowing flexibility in design requirements and streamlining the approval process for creative signs, sign programs, wall signs, directional signage, awning signs, canopy signs, inlay signs, graphic projecting signs, projecting signs, holiday window signs and roof signage, and prohibiting feather and yard signs.

Attachment No. 1 – City Council Ordinance
Attachment No. 2 – Exhibit A
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Notice of Determination
Attachment No. 5 – Public Hearing Notice
Attachments:

E. Sika Corporation - Operating Covenant Agreement 25-0379

1. Adopt Resolution No. 2025-086, accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 and approve the Operating Covenant Agreement and authorize the City Manager or his designee to execute the Agreement with Sika Corporation.

2. Direct City Staff to file a Notice of Exemption based upon the City Council’s finding that the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment.

Attachment No. 1- Economic Subsidy Study Resolution
Draft.docx
Attachment No. 2- ED Subsidy SIKA DRAFT.docx
Attachment No. 3- 250707 SIKA OCA_Fontana DRAFT.docx
Attachments:

18 City Council Meeting Regular Agenda July 22, 2025
NEW BUSINESS:

A. New Business
A. Fiscal Year 2024-25 Fourth Quarter Budget Status Report 25-0373 Approve the recommended Fiscal Year 2024-25 Fourth Quarter Budget adjustments and organizational changes.

Attachment No. 1- FY24-25 Fourth Quarter Budget Status
Report.pdf
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on September 9, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

19 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0422 Agenda Date: 7/22/2025
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, July 22, 2025
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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20 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0424 Agenda Date: 7/22/2025
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, July 22, 2025
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter A. Garcia, Mayor Pro Tem
John B. Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran, Council Member
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21 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0423 Agenda Date: 7/22/2025
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, July 22, 2025
2:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
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22 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0420 Agenda Date: 7/22/2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the July 8, 2025, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of the July 8, 2025, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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23

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, July 8, 2025

2:00 PM

Grover W. Taylor Council Chambers

City Council Meeting

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

24

WORKSHOP:

A. 12:00 P.M. City Council Workshop
The Workshop of the Fontana City Council was held on Tuesday, July 8 , 2025, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the Workshop to order at 12:0 8 p.m. with all members of the City Council present except Mayor Pro Tem Garcia who arrived at 12:18 p.m.

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

A. FY Commercial Land Use Review
Associate Planner Alexia Barberena provided the staff report.

Discussion followed regarding the importance of thoughtful, long- term planning and development to ensure sustainability over the next 10 to 15 years. The Mayor and City Council also discussed concerns about existing retail centers operating at or near capacity (e.g., Costco, Stater Bros, Lowe’s) and the need to explore strategies to address future demand.

Mayor Warren thanked staff for the information.

The Workshop was adjourned at 12:55 p.m.

CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 8, 2025.

Mayor Warren called the meeting to order at 1 2:55 p.m. with all members of the City Council present.

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

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: John Bakhit, Labor Counsel and Matt Ballantyne, City Manager. Employee Organization: Police Management Association.

2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One potential case).
25

CALL TO ORDER/ROLL CALL:

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

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 8, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:03 p.m.

ROLL CALL:

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

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

ABSENT: None

INVOCATION/PLEDGE OF ALLEGIANCE:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Sandoval.

CLOSED SESSION ANNOUNCEMENT:

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

SPECIAL PRESENTATIONS:

1. Mayor Warren and City Council to recognize Public Works Maintenance Worker II Adam Trigger (Captain Stover to present).

Mayor Warren and the City Council recognized Public Works Maintenance Worker I I Adam Trigger, who received the Lifesaving Award for his heroic actions in saving a choking victim.

2. Mayor Warren and City Council recognized Deputy City Clerk, Susana Gallardo on her recent Certified Municipal Clerk (CMC) designation.

Mayor Warren and the City Council recognized Deputy City Clerk Susana Gallardo for earning the Certified Municipal Clerk designation.

3. San Bernardino County Transportation Authority (SBCTA) presentation on Measure I (Otis Greer, Director of Legislative & Public Affairs to present). 26

Otis Greer, Director of Legislative and Public Affairs for the San Bernardino County Transportation Authority (SBCTA), provided an update on regional and local acc omplishments funded by Measure I.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Jonathan Garcia requested that the City of Fontana be declared a sanctuary city in response to immigration enforcement efforts.

Ronald Cox expressed concerns regarding the use of safe and sane fireworks and requested the establishment of a citywide curfew. He also commented on immigration enforcement.

Giovanni Tovar, Andrew Sciandra, Chris C., Jasmine Castro, Kirey Guzman, Jag Damixi, Grace, Diane Lopez, I'Cha, Joanna Aguilar, Axoquen, Jesse Rosas, and Anahi C. each expressed concerns about immigration enforcement and ICE activity in the community, and urged the City Council to take action.

Hailee Hightower shared concerns regarding the City’s response to Public Records Act requests and the lack of job opportunities in Fontana. She also expressed interest in partnering with the City on the I.E. Next initiative.

Danielle Holley, Executive Director of the Fontana Chamber of Commerce, provided a quarterly update on the Chamber’s recent events and activities.

David Hanson, representing the "We Shall Be Free" movement, expressed concerns that certain state laws conflict with the U.S. Constitution and urged the City Council to ensure public officials act lawfully. He submitted a written notice for the record.

CONSENT CALENDAR:

Prior to the motion being made, the following items were pulled for discussion. Council Member Cothran announced he would be recusing from voting on Item K.

Item D.

Housing Manager Valerie Gonzales provided the staff report.

Mayor Warren thanked Housing Manager Gonzales for the presentation and Supervisor Jesse Armendarez for their support.

Item G.

Public Works Director/City Engineer Gia Kim provided the staff report. 27

Mayor Warren and the City Council praised the Safe Routes to School project’s impact on student safety and discussed prioritization methods for future projects, coordination with school districts, and the importance of partnering with San Bernardino County to address gaps in unincorporated areas. Staff noted continued efforts to pursue grant funding and align projects with community and school district needs.

Item I.

Deputy City Manager Phillip Burum provided the staff report.

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

A. Approval of Minutes 25-0354
Approve the minutes of the June 24, 2025, Regular City Council Meeting.

B. Adoption of Ordinance No. 1971 (Second Reading), updating 25-0355 Chapter 25 of the Fontana Municipal Code to include closure hours for the Fontana City Hall Campus...End
Adopt Ordinance No. 1971 on Second Reading, an Ordinance establishing closure hours for the Fontana City Hall Campus.

C. San Bernardino County SECURE Electronic Recording 25-0161 Memorandum of Understanding
Authorize the City Manager his designee to enter into a “Memorandum of Understanding (MOU) between Owner Counties and Government Participants for the use of the SECURE Government to Government Portal" and all related documents including extensions or modifications for the MOU.

D. Acceptance of the County of San Bernardino Reimbursement 25-0308 Funds for Furnishings for Housing Program

1. Accept the County of San Bernardino Reimbursement Funds in the amount not to exceed of $45,000;

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt of the County of San Bernardino’s Reimbursement Funds.

E. Final Acceptance of the Arrow Boulevard at Cypress Avenue 25-0317 Traffic Signal Project (Bid No. SB-162-DE-23)
28

Accept as complete the work performed by DBX, Inc. for the Arrow Boulevard at Cypress Avenue Traffic Signal Project (#37603386).

F. Approve Amendment to Task Order for STC Traffic, Inc. for the 25-0318 Baseline Ave. and Palmetto Ave. Traffic Signal Project Design Services

1. Approve and authorize the City Manager to execute Amendment No. 3 to Task Order No. 4, for STC Traffic, Inc., in the amount of $8,010.00 for an amended task order total of $108,175.00 for additional plan revisions and design support services.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order in the amount not to exceed $10,000.

G. Final Acceptance of the Active Transportation Program (ATP) 25-0330 Fontana Safe Routes to School (SRTS) Gap Closure Project [Federal ID No. ATPSB1L-5307(029)] (Bid No. DE-24-01-SB) Accept as complete the work performed by CT&T Concrete Paving, Inc. for Active Transportation Program (ATP) Fontana Safe Routes to School (SRTS) Gap Closure Project (#37600003).

H. Loan amendment from the City of Fontana to the Stage Red 25-0333 Enterprise
Approve the Memorandum of Understanding (MOU) for the inter-city loan repayment of one million dollars ($1,000,000) from the City of Fontana General Fund to the Stage Red Enterprise Fund.

I. Approve an increase for Architectural Services for Tenant 25-0346 Improvements for the Warm Shell Phase II Project for City Owned property located at 8572 Sierra Avenue.

1. Approve and Authorize the City Manager, or City Manager’s designee, to increase the Warm Shell Phase II Architectural services in the amount of $88,500.

2. Approve and Authorize the City Manager, or City Manager’s designee, to execute any future amendments and documents necessary for the architectural services of 8572 Sierra Avenue not to exceed an additional

$20,000.

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

29

J. Approval of Revised Administrative Policy - Section 10-01: 25-0356 Content of Administrative Policy Manual
Adopt Resolution No. 2025-046, approving the revised Administrative Policy Section 10-01, titled “Content of Administrative Policy Manual,” which establishes updated guidelines for the structure, approval, distribution, and maintenance of the City’s Administrative Policy Manual.

K. A Resolution of the City Council of the City of Fontana 25-0359 Approving and Authorizing an Access License and Indemnity Agreement between the City of Fontana and Narra Hills
Community Association
Adopt Resolution No. 2025-047, approving and authorizing the City Manager to enter into an Access License and Indemnity Agreement with Narra Hills Community Association for fire and emergency ingress and egress purposes.

PUBLIC HEARINGS:

A. Introduction and First Reading of Ordinance No. 1972 , 25-0340 adopting the 2025 State of California Fire Hazard Severity Zone Map Pursuant to California Government Code Sections 51177 -51179 and amending Chapter 30, Article IX (Overlay Districts), Division 8 (Fire Hazard Overlay District), Section 30- 656(a) of the City of Fontana Zoning and Development Code.

Adopt Ordinance No. 1972, designating Fire Hazard Severity Zones ( FHSZ) within the Local Responsibility Area identified by the 2025 State of California Fire Hazard Severity Zone Map updated by the California Department of Forestry and Fire Protection (CALFIRE) as required by California Government Code Sections 51177- 51179, and amending Chapter 30, Article IX (Overlay Districts), Division 8 (Fire Hazard Overlay District), Section 30 -656(a) of the Fontana Zoning and Development Code to reflect the same.

Prior to opening the public hearing, Mayor Warren announced that, due to conflicts of interest, Council Members Garcia, Cothran, and Roberts were disqualified from voting. In accordance with state law (Regulation 18705(c)(3), Title 2, CCR), Mayor Pro Tem Garcia was randomly selected to participate to establish a quorum. Council Members Cothran and Roberts recused themselves.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Director of Building & Safety Jeff Baughman provided the staff report.

Mayor Warren and the City Council discussed updates to the State Fire Hazard Severity Zone maps and expressed concerns regarding the methodology used by the state, lack of local 30

input, and inconsistencies in t he new mapping—particularly in newly developed areas.

Questions were raised about the impact on insurance rates, prioritization of updates, and the role of computer modeling in determining severity zones. Staff clarified that adoption of the maps is required by the state and noncompliance could result in legal consequences.

The following individuals spoke:

1.George Sabbagh

ACTION: Motion was made by Council Member Sandoval , seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 3-0 to a pprove Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, and Sandoval; NOES:

None; ABSTAIN: Cothran, Roberts; ABSENT: None

CITY MANAGER COMMUNICATIONS:

City Manager Ballantyne recognized Public Works Maintenance Worker II Adam Trigger for receiving the Fontana Police Department’s Lifesaving Award and thanked staff for their efforts in delivering a successful Fourth of July celebration.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

City Treasurer Koehler-Brooks had no comments.

City Clerk Key wished her grandson, Carter, a happy 15th birthday . She also complimented the City’s fireworks show, recognized Public Works Mainten ance Worker II Adam Trigger for receiving the Fontana Police Department’s Lifesaving Award, and congratulated Deputy City Clerk Susana Gallardo on receiving her Certified Municipal Clerk (CMC) designation.

Council Member Roberts echoed appreciation for Public Works Maintenance Worker II Adam Trigger, emphasizing the significance of his lifesaving actions. He also complimented the City’s fireworks show, noted enjoying City Treasu rer Koehler -Brooks’ birthday celebration, and wished her a continued recovery.

Council Member Sandoval shared concerns about the recent flooding in Texas that affected his grandson and expressed gratitude for his safety. He promoted the upcoming Community Emergency Response Training (CERT) beginning September 25th to help residents prepare for emergencies and reminded seniors about Burrtec’s discount program for those 60 and older.

He praised the City’s Fourth of July fireworks show and suggested exploring an ordinance to restrict fireworks after midnight due to impacts on seniors, pets, and individuals with sensory sensitivities.

City Manager Ballantyne noted that current regulations prohibit fireworks after 11:00 p.m., even for safe and sane fireworks, and stated that the issue may be more related to enforcement. He acknowledged the concern and agreed that enhanced enf orcement efforts 31

may be needed.

Mayor Warren emphasized that the loud fireworks heard were illegal, not safe and sane, and noted the severity of the is sue this year. She shared that the Police Department is preparing a report on citations issued and used drones to identify violators. Despite deploying over 40 officers, enforcement was challenging due to the size of the city. Mayor Warren encouraged residents to report addresses and acknowledged the risks officers face when intervening in large gatherings. She reiterated that citations start at $2,500 and that enforcement efforts are ongoing.

Lastly, Council Member Sandoval expressed strong support for the Fontana Police Department and raised concerns about masked ICE agents conducting enforcement operations without coordination with local law enforcement. He shared the potential risks this poses to community trust and officer s afety and suggested the City explore ways to inform residents of their rights, such as providing informational materials. He encouraged continued community vigilance and communication with local police and concluded by wishing his daughter, Teresa, a happy birthday.

Council Member Cothran commended Community Services staff for an outstanding Fourth of July celebration and expressed excitement for the upcoming 250th anniversary. He thanked the Police Department for their extensive enforcement efforts and acknowledged the challenges residents faced when reporting illegal fireworks. He also praised the San Bernardino County Fire Department for handling a high volume of fire and medical calls over the holiday weekend and thanked all first responders for their dedication.

Mayor Pro Tem Garcia thanked staff for a successful Fourth of July event and recognized Public Works Maintenance Worker II Adam Trigger for his lifesaving actions, highlighting the quality of City personnel. He also congratulated Mayor Warren for being featured in a recent New York Times article as one of 16 U.S. mayors interviewed, noting it reflects positively on her leadership and the City’s prominence.

Mayor Warren thanked staff for a successful Fourth of July celebration and shared positive feedback from visitors who were impressed by the community’s spirit. She rem inded residents to stay safe during the upcoming heat wave, emphasizing the dangers of leaving children, pets, or others in parked cars and encouraging neighbors to check on one another. She noted the possibility of power outages and urged residents to prepare accordingly.

Mayor Warren expressed appreciation for the Police and Fire Departments for managing increased calls and maintaining public safety during the holiday weekend. She highlighted Fontana’s continued growth, community collaboration, and national recognition, including her recent feature in The New York Times, which she credited as a reflection of the city’s progress.

She also spoke about attending a youth event led by Stage Red and the Boys & Girls Club, praising its impact on local students and thanking those involved in supporting arts and career development programs.

Mayor Warren concluded her remarks by honoring the lives of recently deceased community members Michael Rusich and retired Undersheriff Horace Boatwright, offering prayers to their 32

families. She also acknowledged recent natural disasters across the country and called for continued unity and compassion.

ADJOURNMENT:

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

1. Michael Rusich

2. Undersheriff Horace Boatwright

Mayor Warren adjourned the meeting at 4:15 p.m. to the Regular City Council Meeting on Tuesday, July 22, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JULY 22, 2025.

_______________________
Germaine Key
City Clerk

33 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0421 Agenda Date: 7/22/2025
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1972 (Second Reading), adopting the 2025 State of California Fire Hazard Severity Zone Map.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1972, adopting the 2025 State of California Fire Hazard Severity Zone Map Pursuant to California Government Code Sections 51177- 51179 and amending Chapter 30, Article IX (Overlay Districts), Division 8 (Fire Hazard Overlay District), Section 30-656(a) of the City of Fontana Zoning and Development Code. ..End
COUCIL GOALS:
· To improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.

DISCUSSION:

Ordinance No. 1972 was introduced by a vote of 3-0 at the July 8, 2025, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

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34 1 of 3

ORDINANCE NO. 1972

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, ADOPTING THE 2025 STATE OF CALIFORNIA FIRE

HAZARD SEVERITY ZONE MAP PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTIONS 51177 -51179 AND AMENDING
CHAPTER 30, ARTICLE IX (O VERLAY DISTRICTS), DIVISION 8 (FIRE HAZARD OVERLAY DISTRICT), SECTION 30 -656(a) OF THE CITY OF

FONTANA ZONING AND DEVELOPMENT CODE

WHEREAS, California Government Code Sections 51177 -51179 mandates local jurisdictions to designate areas that are within lo cal control and identified by the California Department of Forestry and Fire Protection (CALFIRE) as Fire Hazard Severity Zones (FHSZ); and
WHEREAS, the City of Fontana ("City") Zoning and Development Code identifies fire hazard overlay districts based on Fire Hazard Severity Zone (FHSZ) maps created by CALFIRE; and
WHEREAS, CALFIRE has recently updated its Fire Hazard Severity Zone (FHSZ) maps and the City of Fontana is mandated to designate by Ordinance moderate, high and very high fire hazard severity zo nes within the City as ide ntified in the updated FHSZ map by amending its Zoning and Development Code to reflect the same; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 24, 2025, to consider the updated CALFIRE FHSZ map, received public comment, and voted in favor of adopting Resolution No. PC 2025 -021 to recommend the updated CALFIRE FHSZ map for City Council approval and to amend the Zoning and Development Code to reflect the same; and
WHEREAS, the City Council held a du ly noticed public hearing on July 8, 2025, at which time all interested persons were allowed to address the City Council regarding adoption of this ordinance; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

Section 2. CEQA. The City Counc il h ereby determin es that this action is exempt under California Public Resources Code section 21080 (b)(4) as the City is mandated by the California Government Code to adopt this Ordinance as a necessity to 35 Ordinance No. 1972

2 of 3

prevent or mitigate an emergency. Therefore, adop tion of the proposed ordinance is statutorily exempt from CEQA in that it implements state law.

Section 3. Adoption of the 2025 Fire Hazard Severity Zone Map and Amendment of Zoning and Development Code . The City Council hereby adopts the 2025 Fire Hazard Severity Zone Map as reflected in Exhibit A, attached hereto and incorporated herein by reference, and amends Section 30 -626(a) of the Zoning and Development Code to reflect the same.

Section 4. Effective Date/Publication. This Ordinance sha ll take effect t hirty (30) days after the date of adoption and prior to the expiration of fifteen (15) days from passage thereof , shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of general circulation, publi shed and circula ted in the City of Fontana, and thenceforth and thereafter the same shall be in full force and effect.

Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at t he City Clerk's office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

Section 6. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 7. Severability. If any provision of this Ordinance 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 Ordinance 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 he reby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 8th day of July 2025, and was finally passed and adopted not less than five days thereafter on the 22nd day of July 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
36 Ordinance No. 1972

3 of 3

______________________________
City Clerk of the City of Fontana

______________________________
Mayor of the City of Fontana

ATTEST:

______________________________
City Clerk

37 CITY OF FONTANA - SAN BERNARDINO COUNTY
Local Responsibility Area
Fire Hazard Severity Zones
As Identified by the
State Fire Marshal
March 24, 2025
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COLTON
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (IRA), as Identified by the State Fire Marshal
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
1 Very High High Moderate
Mi 0
Km 0
1 2

I I II II I
1 2 3
Projection: NAD 83 California Teale Albers
Scale: 1:75,000 at 11" x ir
3 II I
4 5 6
Incorporated City N\\1 Waterbody
Unzoned LRA Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high. and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps.

Gavin Newsom, Governor, State of California
Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Data Sources:

CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) CAL FIRE State Responsibility Areas (5RA25_1)
City and County boundaries as of 10/22/24 (CA Board of Equalization) 38 EXHIBIT B

FIRE HAZARD SEVERITY ZONE MAP QUADRANT DETAIL

Northwest Quadrant 1

39 Northwest Quadrant 2

40 Northwest Quadrant 3

Northeast Quadrant
41 Northcentral Quadrant 1

42 Northcentral Quadrant 2

43 Northcentral Island

44 Southeast Quadrant

Southwest Quadrant
45 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0183 Agenda Date: 7/22/2025
Agenda #: C. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Donations January - June 2025
RECOMMENDATION:

Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The Fontana Police Department received various donations including foods, drinks, snack items, gift cards, various tickets to services & entertainment venues, miscellaneous household items, pet food, and monetary donations to charity. Please reference the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various programs.

FISCAL IMPACT:

Increase funds to the following accounts:
· $1,100 for National Night Out Program, deposited to account #101.3301 · $1,000 Holiday fund, deposited to account #101.3308
· $1,575 for Peer Support, deposited to account #101.3570 MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/15/2025Page 1 of 1
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46 DATE DONOR ITEM APPROX VALUE REASON
1/7/2025 Anderson Real Estate $100 Check #5389 100.00$ Shop With a Cop 1/7/2025 Fontana Hyundai $300 Check #25193 300.00$ Shop With a Cop 1/7/2025 Anderson Real Estate $100 Check #5389 100.00$ Love Our Veterans 1/7/2025 Fontana Hyundai $300 Check #25193 300.00$ Love Our Veterans 1/9/2025 Raising Cane's Jugs of lLmonade and Iced Tea 50.00$ Law Enforcement Appreciation Day 1/9/2025 Walmart Distribution Center Variety of Snacks 100.00$ Law Enforcement Appreciation Day 1/16/2025 Spaggi's Pasta and Chicken 100.00$ Appreciation 2/5/2025 Morongo Casino Resort and Spa 1 Night Stay and Dinner for Two 300.00$ National Night Out 2/5/2025 Exchange Club of Fontana $100 Check #164 100.00$ Shop With a Cop 2/5/2025 Exchange Club of Fontana $100 Check #164 100.00$ Love Our Veterans 2/6/2025 Six Flags Magic Mountian 2025 Season - 2 One Day Tickets 239.98$ National Night Out 2/6/2025 Police Management Association $150 Check #2911 150.00$ Peer Support 2/10/2025 Six Flags Hurricane Harbor 2 Tickets 139.98$ National Night Out 2/11/2025 Assisvis Inc $100 Check #6972 100.00$ National Night Out 2/11/2025 Rotolo Chevrolet $500 Check #176419 500.00$ National Night Out 2/12/2025
San Bernardino County Supervisor Jesse
Armendarez $500 Gift Cards 500.00$ Love Our Veterans 2/13/2025 Peer Support Fundraiser $500 Cash 500.00$ Peer Support 2/15/2025 Starbucks Coffee Cake 30.00$ Appreciation 2/17/2025 Volunteers for Veterans Foundation Food and Shoes 450.00$ Community Outreach Program 3/3/2025 Purple Easel 2 Paint Passes 80.00$ National Night Out 3/4/2025 Fiesta Village 4 Golf Passes 80.00$ National Night Out 3/4/2025 Volunteers for Veterans Foundation Clothing and Backpacks 300.00$ Community Outreach Program 3/31/2025 Samyang Logistics Protein Chips 50.00$ Appreciation 4/9/2025 Volunteers for Veterans Foundation Food and Shirts 300.00$ Community Outreach Program 4/10/2025 Oak Quarry Golf Course 4 Golf Passes 308.00$ National Night Out 4/14/2025 SouthPoint Resort and Casino 2 Night Stay, Dinner for 2, and Show Tickets 700.00$ National Night Out
5/6/2025 Volunteers for Veterans Foundation Food 200.00$ Community Outreach Program 5/8/2025 Police Management Association $80 Check #2917 80.00$ Peer Support 5/8/2025 Police Benefits Association $220 Check #329 220.00$ Peer Support 5/14/2025 Target Distribution Center Panera Coffee and Bagels 50.00$ Appreciation 5/27/2025 Office Star Products $500 Check #76404 500.00$ National Night Out 5/28/2025 Raising Cane's Food 500.00$ Law Enforcement Appreciation Week 6/5/2025 Hope Reigns Foundation/Ontario Reign 4 Lower Level Tickets to Home Game 200.00$ National Night Out
6/13/2025 Justin Imhoff Donuts 20.00$ Appreciation 6/18/2025 Volunteers for Veterans Foundation Food and Clothing 250.00$ Community Outreach Program 6/19/2025 Volunteers for Veterans Foundation Food and Dog Food 200.00$ Community Outreach Program 6/25/2025 Walmart Drinks 150.00$ Responder Hydration Week 6/26/2025 Police Management Association $500 Check #2919 500.00$ Peer Support 6/26/2025 Police Benefits Association $125 Check #333 125.00$ Peer Support 4/21/2025 Volunteers for Veterans Foundation Food and Hygiene Kits 400.00$ Community Outreach Program Total Value of Donated Items 5,697.96$
Total Checks/Cash 3,675.00$
Grand Total 9,372.96$

DONATION LOG
47 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0298 Agenda Date: 7/22/2025
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance for the Construction of Fire Station No. 81 located at 16615 Casa Grande Avenue (Bid No. SB-06-DE-22)
RECOMMENDATION:

Accept as complete the work performed by TELACU Construction Management, Inc. for the construction of Fire Station No. 81 Project (#37603383).

COUNCIL GOALS:
· To improve public safety by maximizing fire and emergency medical service resources. · To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On December 14, 2021, the City Council awarded a construction contract to TELACU Construction Management, Inc. in the amount of $8,205,000.00 and authorized a contingency amount of $820,500.00 for a total contract authorization amount of $9,025,500.00 for the construction of Fire Station No. 81. Fire Station No. 81 is located at the southwest corner of Casa Grande Avenue and Montelena Road (approximately 0.2 miles west of Sierra Avenue). The new fire station was needed to improve response times in the northern area of the City.

Construction began on March 1, 2022, and the Certificate of Occupancy was issued on May 5, 2025.

The project was successfully completed for the final contract amount of $7,923,570.21, a decrease of

3.43% from the original contract amount of $8,205,000.00 and $1,101,929.79 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of Fire Station No. 81 Project (#37603383) as complete, the City will take over the maintenance as defined in the agreements between the City of Fontana Fire Protection Agency and San Bernardino County Fire Department. Appropriate funding for the maintenance is included in the FY 2025-26 budget under the Public Works & Engineering Department, Support Services Division.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/17/2025Page 1 of 1
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48 Project Site
N
Vicinity Map
49 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0329 Agenda Date: 7/22/2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Professional Services Agreement for Design Services with Kimley-Horn and Associates, Inc. for the Pickleball Courts at Seville Park Project (DE-24-138-SP) RECOMMENDATION:

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for Design Services for the Pickleball Courts at Seville Park Project in the amount of $205,675.00 (Request for Proposals DE-24-138-SP).

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments with Kimley-Horn and Associates, Inc., not exceeding $20,000 for the Pickleball Courts at Seville Park Project (DE-24-138-SP).

3. Authorize the City Manager to execute any and all utility agreements for the Pickleball Courts at Seville Park Project.

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

DISCUSSION:

The Pickleball Courts at Seville Park Project will include the addition of four (4) or more pickleball courts within the existing Seville Park located at 16669 Seville Avenue. The courts are proposed in the vicinity of the existing amphitheater structure that will be demolished through a separate contract.

Proposed improvements will include the new courts, fencing, shade structures, lighting, and landscape improvements.

On April 9, 2025, the City issued a Request for Proposals (RFP) for Design Services from civil engineering and architectural firms. On May 8, 2025, proposals were received from 11 firms interested in providing design services for the project. The proposals were evaluated based on firm City of Fontana Printed on 7/15/2025Page 1 of 2
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50 File #: 25-0329 Agenda Date: 7/22/2025
Agenda #: E. Category: Consent Calendar
and staff qualifications, project approach/scope of work, and proposed schedule, in accordance with City policies and procedures. The proposals ranged from $114,000 to $235,826.

Based on the evaluations, staff recommends approval of the Professional Services Agreement with Kimley-Horn and Associates, Inc. due to their experience, available projects staffing, schedule, and detailed approach to the design of the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $205,675.00 for the full term of the Professional Services Agreement. The Project is included in the Fiscal Year 2025-26 Budget in Project 37600092-604-A-8113.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/15/2025Page 2 of 2
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16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DE-24-138-SP

This Agreement is made and entered into as of July 8, 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 Kimley-Horn and Associates, Inc. , a corporation with its principal place of business at 401 B Street, Suite 600, San Diego, CA 92101 (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 State of California and is in need of professional services for the following project:

Design Services – Pickleball Courts at Seville Park(hereinafter referred to as “the Project”).

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

C. The Parties desire by this Agreement to establish the terms for City to 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 $205,675.00. 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 52 2
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Agreement shall be p repared 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. Term.

The term of this Agreement shall be from [Insert start date] to [Insert end date], unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of th is Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed ”). 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 servi ces or operations performed under this Agreement.

8. Standard of Care
53 3
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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.

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
54 4
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(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.
(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 for m 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 C onsultant 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 55 5
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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 written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must 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 , except under the professional liability policy.
(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 qualifie d 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 56 6
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the General Liability Addit ional 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 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 provi sions 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 57 7
16498.00150\32126437.1
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.
(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 exa ct 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 58 8
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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 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 mand ated 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.

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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 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 payment 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 Michael Madsen 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: Kimberly Young
CONSULTANT:

Kimley-Horn and Associates, Inc.
401 B Street, Suite 600
San Diego, CA 92101
Attn: Michael Madsen

and shall be effective upon receipt thereof.
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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.

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. A ny 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.
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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, 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]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
VENDOR NAME.

By:

Michael Madsen

Attest:

By:

Germaine McClellan Key
City Clerk

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

63 EXHIBIT A
Scope of Services
64 City of Fontana  LPCASAND007501.2025
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PICKLEBALL COURTS AT SEVILLE PARK
Proposal for Design Services
Methodology
The following is our proposed methodology to accomplish the goals of this project:

Task 1: Coordination and Meetings, Data Collection, and Field Review Task 1.1 Project Kick-off Meeting/Site Walk and Field Review The Kimley-Horn team will facilitate a project kick-off meeting with the City project manager and key staff to discuss project schedule, design intent, budget, and deliverables.

The Kimley-Horn team, along with the City’s project manager and key staff, will walk the Seville Park pickleball site to confirm the site conditions and key issues to be addressed during the design process.

Task 1.2 Data Collection
The Kimley-Horn team will assess the detailed background information for the project, provided by the City and review pertinent information to support the design process. All information will be reviewed and incorporated into base files for the project’s design phase. All of the information obtained will be documented and organized for information exchange as needed.

Task 1.2.1 Survey
The Kimley-Horn team will conduct the following as a part of the survey scope:
a.

Research City
, County, and NGS database for centerline (CL),
right-of-way (R/W) records, and horizontal and
vertical (HV) controls
b.
120’ wide topog
raphic map with 40 scale mapping at
1’ contour intervals
c. Detail g
round surveys within proposed improvement limits
for all tie in points
d.

Recover existing Street CL monuments a
t site
e. Recover existing R/W monuments a
t site
f. Prepara
tion of Auto Computer Aided Design (CAD) and Portable
Document Format (PDF) drawings and submittals
g.

Sur
vey data will follow National Map Accuracy Standards
Task 1.2.2 Geotechnical Analysis and Report
The Kimley-Horn team will coordinate with the City on the concept and determination of the locations for geotechnical investigation. The following components will be a part of the geotechnical tasks:. a. Perf
orm percolation testing at locations agreed to during the project kickoff. b.

Perf
orm laboratory tests on soil samples collected. The laboratory test program will be based on the soil conditions encountered with respect to the proposed improvements. We expect the testing program will include maximum density/optimum moisture content, in site moisture and density determinations, corrosion screening (resistivity, sulfate, chloride, pH), grain size analyses, R-value, and direct shear tests. c.

Prepare a limited geotechnical investiga
tion report for project planning and design. Our report will include boring logs, percolation test data and calculated infiltration rates, a plan depicting the boring and percolation test locations, laboratory test results, geotechnical analyses, and conclusions and recommendations for earthwork, court post-tension paving design, and lighting foundations.

Task 1.2.3 Potholing
Our team will provide vacuum excavation potholes to assist in identifying utilities where conflicts may exist with existing utilities. This task entails up to 5 potholes. Potholing information will be used to identify potential conflicts with proposed improvements. We assume traffic control for potholing will be based on WATCH manual. Preparation of traffic control plans is excluded from this task. It is assumed that pothole locations will be restored to its previous condition using native backfill and cold AC patch. Data collected as a result of potholing activities will be presented in a Portable Document Format (PDF) report that will include utility type, size, material, depth and pictures of the exposed utility.

Task 1.3 Project Schedule
The Kimley-Horn team will coordinate the project schedule with the City, as detailed later in this proposal, to deliver the project, achieve project goals and objectives, and clarify any assumptions. The outlined process will be organized and mapped to show the relationship between tasks to allow effective and timely planning of tasks, designate key project milestones, and deliverable dates for each phase. The project schedule will evaluate and incorporate the time relationships between design, procurement, permitting, construction and delivery. Currently, our schedule has us beginning in May and completing 60% plans within 60 calendar days of receiving notic to proceed. The target date for having the project out to bid is October 2025. We look forward to the opportunity to fine-tune this schedule with the City. 65 City of Fontana  LPCASAND007501.2025
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PICKLEBALL COURTS AT SEVILLE PARK
Proposal for Design Services
Task 1.4 Progress Project Development Team (PDT) Meetings The Kimley-Horn team will hold design meetings with City staff and other stakeholders as necessary to provide project and schedule updates, progress, identify current tasks/action items, and discuss upcoming tasks. This task includes up to four (4) PDT project meetings over the duration of the design phase of the project. Two (2) of these meetings are assumed to be in-person meetings at Seville Park, or at the City offices. The remaining two (2) meetings will be virtual.

Task 1.5 Project Management
The Kimley-Horn team project manager will provide coordination between the design team and the City while monitoring project progress and the project schedule on a regular basis. The Kimley-Horn team project manager will lead any necessary meetings with the City and project stakeholders and coordinate all monthly project invoicing. The Kimley-Horn team will provide an extensive in-house quality control (QC) review to assure plans inclusive of proper coordination between the City, affected utilities, and consultant teams.

Task 2: Concept Development
After working through the data collection tasks above, Kimley-Horn will focus on refining the concept plan that was shared to move forward into a design development document preparation phase. Along with a rendered concept, an associated list of pros and cons/opportunities and constraints will be prepared, and with a rough estimate, as part of the deliverables.

Community stakeholder outreach has been another part of concept development phases we have led on prior projects. Kimley-Horn would be happy to work with the City, and community stakeholders, for further input, if so desired, as an additional service.

Task 3: Design Development
Once a design concept has been chosen, Kimley-Horn will focus on refining that concept to allow the plan to move forward into a construction document preparation phase. The Design Development Drawing deliverable will be 60% level construction documents and will provide the first opportunity for City review.

These plans will include the following at a 60% (first plan check) construction document level:
a. Pickleball Construction Materials and Finish Schedule – A draft Construction Materials and Finish Schedule will be provided to represent a description of walkways, play surfaces, and park furnishings (example furnishings: benches/seating, trash receptacles, drinking fountains). Product literature describing park furnishings and fixtures will also be included. b. Grading and Drainage Plan – The Grading and Drainage Plan will represent a 60% complete grading plan as appropriate to the construction of these park improvements.
c. Street Improvement Plans – Plans shall encompass all improvements for the full length of improvements within the project limits for any work within the public right of way including the construction of driveway approaches. Street plans shall exhibit street R/W; proposed pavement sections; proposed and existing curb, gutter, signing and striping, driveways, utilities (including septic systems), and utility appurtenances. Street plans shall also exhibit elevation points for curb ramps, sidewalk, and driveways to meet the requirements of the California Department of Transportation (Caltrans) DIB 82-06 and Form CEM5773 (A through D) where applicable. d. Signing and Striping Plans (if applicable) – Striping plans shall show all existing signing and striping, in addition to the proposed signing and striping changes required to accommodate the new improvements. Signing and Striping plans shall be submitted in 1” = 40’ scale. e. Environmental Coordination – Environmental Coordination scope of services is based on the following key assumptions:CEQA compliance documentation will be a Categorical Exemption.One project design alternative will be evaluated through environmental review.Scope of services will include a CEQA Notice of Exemption and an acoustical assessment. Based upon our preparation of environmental documentation for similar projects and a review of the project as presented in the RFP , Kimley-Horn anticipates the project will be categorically exempt under CEQA Guidelines Section 15301 – Existing Facilities; Section 15302 – Replacement or Reconstruction; and Section 15303 – New Construction or Conversions of Small Structures. Kimley-Horn will file the Notice of Exemption (NOE) with the County Clerk and State Clearinghouse. The NOE will include a brief explanation as to why these exemptions are appropriate and confirm that no exceptions or unusual circumstances exist. Any filing fees shall be the responsibility of the City. The acoustical assessment will quantify both construction and operational noise levels. The analysis will examine whether the project would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of applicable standards. The assessment will take into account existing conditions, construction noise, vibration, and operational noise. Environmental Coordination will also include preparation of Water Quality Management Plan (WQMP) and National Pollutant Discharge Elimination System (NPDES) Documentation as required prior to construction. 66 City of Fontana  LPCASAND007501.2025
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PICKLEBALL COURTS AT SEVILLE PARK
Proposal for Design Services
f. Water Quality Management and Compliance – Kimley-Horn shall comply with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Kimley-Horn will comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. g. Lighting Plan and Details/Electrical Plans – The Lighting Plan and Details will identify the potential location (in plan view) of site lighting including walkway/path lighting and play court lighting. Product literature describing light fixtures will also be included. It is assumed that all lighting enhancements will be integrated into existing on-site electrical services. An electrical service upgrade can be provided as an additional cost.
h. Planting Plan – Any associated Planting Plan will be to scale and will include the identification of the type, size, and quantities of proposed plant materials for the impacted area.
i. Irrigation Equipment and Details – Any necessary Irrigation Equipment and Details provided will consist of a listing of irrigation system components including irrigation heads (Manufacturer and Equipment Model numbers) for the impacted area. Appropriate irrigation details will also be provided.
j. Preliminary Cost Estimate – A preliminary cost estimate will be included with the Design Development deliverable.

Task 4: Construction Documents
This phase of the project consists of the preparation of all plans necessary to allow construction of the park in accordance with the approved Design Development Plan. Construction documents will be prepared in accordance with City requirements.

The Kimley-Horn team will prepare 90% and 100% (final) construction documents for City review and comment. All design work will be in accordance with the requirements and latest versions of the City of Fontana Standards, California Building Code, Standard Specifications for Public Works Construction (Greenbook), ADA standards, and the California Manual on Uniform Traffic Control Devices, as applicable.

It is assumed that the City will provide one set of consolidated comments at each submittal stage. After each of these submittals, a one-hour meeting will be held between the City’s project manager, applicable City plan check reviewers, and applicable Kimley-Horn team staff to review the comments and determine final comment resolution.

It is assumed that these meetings will coincide with one of the scheduled progress meetings (Task 1.4). All comments and revisions will be addressed as part of the 100% final submittal, respectively. The plans will be prepared for a single phase of construction in a format and scale deemed appropriate by the Kimley-Horn team.

The construction documents are anticipated to consist of the following sheets:
a. Cover Sheet – The Kimley-Horn team will prepare a cover sheet that includes: vicinity map, location map, City general notes, project description, legend, abbreviations, and limits of work that summarizes the overall project plan set. b. General Notes – The Kimley-Horn team will prepare sheets that include general notes, abbreviations, and site-specific notes as needed. c. Demolition Plan – The Kimley-Horn team will prepare plan view sheets showing existing facilities to be removed, relocated, and protected in place. The plan view sheets will reflect existing topography, existing right-of-way, and existing utilities. d. Erosion Control Plan – Kimley-Horn will prepare erosion control plans for construction conditions. These plans will indicate proposed wet weather Best Management Practices (BMPs) to minimize erosion from the project site to the adjacent public streets and storm drain systems. These plans will also show the City’s standard erosion control notes and locate suggested temporary construction entrance, staging areas, BMPs, and appropriate pipe outlet to surrounding streets or storm drain system. (Up to 2 sheets) e. Improvement Plan and Details – The Kimley-Horn team will prepare plan view sheets showing proposed improvements on site, including curb, curb and gutter, walkways (decomposed granite [DG] and Portland cement concrete [PCC]), utilities, pavement structural section, parking layout, decorative flatwork, and ADA enlargement details. The 90% plans will provide preliminary stormwater BMP details as needed for project compliance.
67 City of Fontana  LPCASAND007501.2025
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PICKLEBALL COURTS AT SEVILLE PARK
Proposal for Design Services
f. Horizontal and Vertical Control Plans – The Kimley-Horn team will prepare plan view sheets illustrating the proposed grading condition with data tables and elevations to control all hardscape features such as curb, walkways, and parking. The 90% plans will illustrate contours and spot elevation information only; the 100% plans will include data tables and additional enlargements, as required, to control ADA facilities on-site. g. Street Improvement Plans – The street improvement plans will be advanced to construction document level and account for any comments received during the 60% plan review.
h. Signing and Striping Plans (if applicable) – The Signing and Striping plans will be advanced to construction document level and account for any comments received during the 60% plan review. i. Environmental Coordination – The Environmental Coordination during this task shall account for any comments received during the 60% plan review.
j. Water Quality Management and Compliance – Kimley-Horn shall make sure any and all comments received during the 60% review are captured during this phase. If necessary, Kimley-Horn shall submit a separate WQMP report that identifies WQMP measures that will be incorporated into the final design.
k. Pickleball Amenity Plan – A plan will be provided that depicts all furnishings proposed for the pickleball amenity. Depending on the final concept, some of these may include seating, trash receptacles, drinking fountains, shade elements, fencing, and signage. l. Pickleball Court Design and Details – The Kimley-Horn team will prepare design drawings which convey the post-tension structural details for the courts, and depict their integration with the associated fencing, lighting, post/nets, and other amenities. The drawings will include cross sections and associated fine grading for constructibility. m. Landscape Plans and Details – The Kimley-Horn team will prepare landscape plans and work with the City to develop the plant palette and comply with California’s Water Use Classification of Landscape Species (WUCOLS) information. n. Irrigation Plans and Details – The Kimley-Horn team will prepare irrigation plans which comply with California’s Water Efficient Ordinance and indicate the anticipated point of connection, note controller locations, and proposed irrigation mainline routing with anticipated pipe sizing. o. Lighting and Electrical Plans and Details – The Kimley-Horn team will prepare electrical and lighting engineering design plans including all equipment and lighting locations, conduit routing locations, lighting and equipment installation details, and calculations. New lighting will be designed for the proposed sports courts. The Kimley-Horn team will coordinate with the City’s preferred vendor for the court lighting design. It is assumed that all Photometric lighting calculations will be performed by the chosen lighting vendor.

Task 4.1 90% Construction Documents
The 90% Construction Document deliverable will serve as the second plan check that further refines the design development plans and incorporates all Client and City comments.

Task 4.2 100% Construction Documents
The 100% Construction Document deliverable will serve as the third plan check that completes the plans and incorporates all Client and City comments from the 90% plan review. The plans shall be provided in an electronic format, and signed and sealed plans will be provided to the City.

Task 4.3 Specifications, Reports, and Estimates
The Kimley-Horn team will prepare technical specifications to accompany the construction plans. The technical specifications will be prepared utilizing the City’s preferred format for onsite construction. Specifications will be submitted as a part of the 100% (final) submittal.

The Kimley-Horn team will prepare the Engineer’s Opinion of Probable Construction Cost (OPCC), based on the latest design quantity takeoffs and current unit prices. The OPCC will provide a bid item description, bid unit, bid quantity, unit price, and total price for each bid item. The item description will correspond with the bid schedule item description to be used when advertising the project for construction bids. 68 City of Fontana  LPCASAND007501.2025
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PICKLEBALL COURTS AT SEVILLE PARK
Proposal for Design Services
Task 5: Bidding Support
The Kimley-Horn team will provide bidding support to answer questions and attend one (1) pre-bid meeting if deemed necessary. We assume a total of ten (10) hours for this as-needed task to attend a pre-bid meeting and answer questions and provide any plan or specification changes by phone and email.

Task 6: Construction Administration Support
Kimley-Horn will play an oversight role during construction of the park and will respond to contractor questions and issues which arise during construction, including the review of construction changes. Kimley-Horn’s role will not include field supervision or construction monitoring.

Services include:
a. Meetings: Pre-construction meeting attendance, up to two (2) additional site meetings throughout the construction process (this includes the final punch list review visit), and four (4) on-line meetings at 1 hour each. All meetings will include the preparation of meeting notes.

Some of the design elements to be reviewed in the field will include:
i. Planting location/layout reviews
ii. Hardscape form and features review
iii. Site lighting review
b. Review of up to fifteen (15) contractor submittals
c. Responding to requests for information (RFIs) (assume up to fifteen [15]) Task 7: Record Drawing Production
At the completion and final approval of the project, Kimley-Horn shall provide the City with signed and sealed “As Built” plans.

Additional Tasks and Services
Additional Services/Assumptions
Additional services, not outlined in the RFP , that the Kimley-Horn team can provide include, but are not limited to, the following:

1. Preparation of a hydrology/drainage memorandum

2. Architecture support

3. Water pressure readings and/or pump station design

4. Sewer calculations and sewer master plan

5. Existing pipeline condition assessments

6. GIS services

7. Value engineering or phased construction plans

8. Construction staking

9. Inspections and materials testing

10. Traffic control plans and details/flagging for traffic control

11. Existing plant inventory or landscape preservation plans

12. Electrical load study

13. Water features and/or fountains

14. Recycled irrigation water submittal and review to department of environmental health

15. Warranty and/or maintenance administration

16. In addition to soils information found during our initial project phases, a soils consultant and soil analysis will be coordinated/ prepared by the contractor upon the completion of mass
grading. The existing soil nutrient information will be compared against the proposed plant palette to determine the appropriate amendment recommendations.

17. Hot patching

18. Slurry backfill

19. Removal of dig alert marks

2. Firm Information
Firm Name: Kimley-Horn and Associates, Inc.

Mailing Address: 401 B Street, Suite 600, San Diego, CA 92101 Telephone Number: 619.234.9411
Our project manager and project team members’ names and responsibilities for this project are denoted on the organizational chart on page 3. 69 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.
70 Category/Title
Billing Rate $370 $340 $275 $245 $215 $190 $175 $165 $145 Task 1 Coordination and Meetings + Data Collection and Field Review 18 6 11 12 18 4 5 74 $ 19,150

1.1 Project Kick-Off Meeting/Site Walk and Field Review 2 2 2 2 8 $ 2,100

1.2 Data Collection 2 2 5 4 1 14 $ 3,085

1.2.1 Survey (see other direct costs)

1.2.2 Geotechnical Analysis and Report (see other direct costs)

1.2.3 Utility Clearance

1.2.3 Utility Clearance (see other direct costs)

1.3 Project Schedule 1 1 1 3 $ 835

1.4 Progress PDT Meetings 5 4 2 4 4 2 21 $ 5,670

1.5 Project Manangement 8 2 4 6 6 2 28 $ 7,460 Task 2 Concept Development 3 3 3 12 22 43 $ 9,085

2.1 Concept Refinement 2 2 2 10 18 34 $ 7,020

2.2 Pros and Cons list 1 1 1 2 4 9 $ 2,065 Task 3 Design Development 13 10 4 13 39 48 91 218 $ 45,925

3.1 Construction Materials and Finish Schedule 1 1 2 5 9 $ 2,135

3.2 Civil: Grading & Drainage, Street Improvement Plans, Signing & Striping, Water Quality Management and Compliance 1 2 8 5 25 41 $ 8,460

3.3 Environmental Coordination: CEQA compliance, CE, and Acoustic Assessment 5 5 23 36 35 104 $ 21,460

3.4 Lighting Plan and Details/Electrical Plans 3 1 2 6 10 22 $ 5,040

3.5 Planting Plan 1 6 8 15 $ 2,910

3.6 Irrigation Equipment and Details 1 6 8 15 $ 2,910

3.7 Preliminary Cost Estimate 1 1 5 5 12 $ 3,010 Task 4 Construction Documents 21 21 36 16 66 19 125 14 318 $ 70,435

4.1 90% Constuction Documents 4 4 $ 580 Structural 2 2 15 12 31 $ 7,645 Civil: Demolition Plan, Erosion Control Plan, Grading & Drainage, Street Improvement Plans, Signing & Striping, Water Quality Management and Compliance, Notes & Details
1 3 10 22 30 66 $ 13,820
Environmental Coordination: CEQA compliance, CE, and
Acoustic Assessment 2 3 5 $ 1,505 Landscape Architecture 6 2 10 10 25 53 $ 11,325

4.2 100% Construction Documents 4 4 $ 580 Structural 2 2 12 10 26 $ 6,470 Civil: Demolition Plan, Erosion Control Plan, Grading & Drainage, Street Improvement Plans, Signing & Striping, Water Quality Management and Compliance, Notes & Details
1 2 6 10 28 47 $ 9,570
Environmental Coordination: CEQA compliance, CE, and
Acoustic Assessment 2 3 5 $ 1,505 Landscape Architecture 5 2 9 9 20 45 $ 9,675

4.3 Specification, Reports, and Estimates 4 4 3 15 6 32 $ 7,760 Task 5 Bidding Support 3 3 4 10 $ 2,990

5.1 Bidding Support 3 3 4 10 $ 2,990 Task 6 Construction Administration Support 9 8 24 28 2 71 $ 16,820

6.1 Meetings 5 2 16 2 25 $ 5,860

6.2 Submittal Review 2 3 12 17 $ 4,040

6.3 Responding to RFIs 2 3 24 29 $ 6,920 Task 7 Record Drawing Production 4 4 12 24 44 $ 9,320

7.1 As-Built Drawing Production 4 4 12 24 44 $ 9,320 TOTAL HOURS 71 55 54 29 145 137 266 21 778
Subtotal Labor: $26,270 $18,700 $14,850 $7,105 $31,175 $26,030 $46,550 $3,045 $ 173,725 Other Direct Costs $ 31,950
Survey $ 9,000
Geotechnical & Utility Research $ 11,500 Potholing $ 11,450
TOTAL COST: $ 205,675
City of Fontana
Pickleball Courts at Seville Park
Kimley-Horn and Associates, Inc.

Sr. Professional I Professional Analyst II Analyst II Analyst I Analyst I Support Staff

TOTAL HOURS TOTAL COST
Sr. Professional II Sr. Professional I
BR00PUSTD.A.CCT 71

15 16498.00150\32126437.1

EXHIBIT C
Activity Schedule

72 Schedule
City of Fontana  LPCASAND007501.2025
 ix
2025 2026
Tasks
May June July August September October November December January June July 1 2 3 4 5 6 7 8 9 10 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 43 44 45 46 47 48 65 66 67 68 69 70 71 72 Notice to Proceed RR
Project Kick-off Meeting/Site Walk & Field Review
Data Collection
Survey
Geotechnical Analysis and Report
Concept Development
Progress Meeting 1
City Review and Comment
Design Development (60% Construction Documents)
City Review and Comment
Progress Meeting 2
90% Construction Documents
City Review and Comment
Progress Meeting 3
100% (Final) Construction Documents
Pre-Bid Meeting
Bidding Support
Construction Kickoff
Construction Administration Phase Construction > complete by July 2026 As Built Drawing Production

PICKLEBALL COURTS AT SEVILLE PARK
Proposal for Design Services 73

PARKING
NO
T R
LP-1

SEVILLE PARK - PICKLE BALL COURTS

INDEX MAP

SEVILLE PARK

FONTANA CA

EXISTING

PARKING LOTS

SEVILLE AVE

CYPRESS AVE

EXISTING

PARKING LOTS

EXISTING

BASKETBALL
COURT

JUNIPER AVE

EXISTING

PLAYGROUND

EXISTING SHADE

STRUCTURE

WITH PICNIC
TABLES

EXISTING
PICNIC
AREAS

STREET PARKING

STREET PARKING

CHANTRY AVE

PEPPER AVE

PREPARED FOR THE CITY OF FONTANA
8353 Sierra Ave, Fontana, CA 92335
----
50' 100' 150'0'NORTH

PROJECT SITE
74 LP-2

SEVILLE PARK - PICKLE BALL COURTS

DESIGN IMAGERY

THE PROPOSED PICKLE BALL COURT COMPLEX WILL REPLACE THE EXISTING AMPHITHEATER AT SEVILLE PARK. IT'S LOCATION WILL BE ADJACENT TO AN EXISTING PARKING LOT, BASKETBALL COURT AND TRAIL.

THIS DESIGN PROVIDES FOR COMMUNITY CONNECTION THROUGH SOCIAL, PHYSICAL FITNESS AND OUTDOOR RECREATION ENGAGEMENT.

PREPARED FOR THE CITY OF FONTANA
8353 Sierra Ave, Fontana, CA 92335
----
75 PARKING
NO
T R
LP-3

SEVILLE PARK - PICKLE BALL COURTS

CONCEPTUAL LANDSCAPE PLAN

EXISTING

PARKING LOTS

SEVILLE AVE

SEVILLE PARK
LEGEND

1. EXISTING CONCRETE WALKWAY

2. EXISTING CONCRETE TRAIL

3. EXISTING PACIFIC ELECTRIC TRAIL

4. PROPOSED ASPHALT PARKING LOT WITH ADA PARKING SPACES

5. PROPOSED PICKLE BALL COURTS

6. ADA COURT WITH WIDER BOARDER

7. PROPOSED CONCRETE WALKWAY

8. PROPOSED SHADE STRUCTURE WITH BENCHES & TRASH RECEPTACLES

9. 8' TALL VINYL COATED CHAIN LINK FENCE WITH BLACK FABRIC

10. EXISTING TREE TO REMAIN, TYP.

PREPARED FOR THE CITY OF FONTANA
8353 Sierra Ave, Fontana, CA 92335
----
0' 20' 40' 60'NORTH
1 2
3 4
5 6
7 8
9 10
10 1 1
7 PROPOSED SYCMORE TREE, TYP.

R.O.W. , TYP.

STREET CENTER LINE, TYP.

33.52'
140' 33.52'
17'-8"
Eliminate
Parking Lot
from design
76 PARKING
NO
T R
LP-4

SEVILLE PARK - PICKLE BALL COURTS

EXISTING CONDITIONS

EXISTING

PARKING LOTS

EXISTING PICNIC AREAS

WITH TREE CANOPY

EXISTING CONCRETE TRAIL

SEVILLE AVE

EXISTING CONCRETE

WALKWAY

EXISTING AMPHITHEATER

EXISTING SLOPED AREAS

EXISTING CONCRETE WALKWAY

EXISTING TREES

PREPARED FOR THE CITY OF FONTANA
8353 Sierra Ave, Fontana, CA 92335
----
0' 20' 40' 60'NORTH
A
A
B C
D
B C D
To be demolished
under separate
contract
77 Ranking Results
Pickleball Courts at Seville Park Project
DE-24-138-SP
Firm Rank Kimley-Horn and Associates, Inc. 1
Orange, CA

RJM Design Group, Inc. 2
San Juan Capistrano, CA

MIG, Inc. 3
Fullerton, CA

RHA Landscape Architects-Planners, Inc. 4
Riverside, CA

IDS Group, Inc. 5
Corona, CA

Hirsch and Associates, Inc. Landscape Architects 6
Anaheim, CA

David Volz Design Landscape Architects, Inc. 7
Costa Mesa, CA

WestLAND Group, Inc. 7
Rancho Cucamong, CA

Willdan Engineering 8
Orange, CA

Interwest Consulting Group, Inc. 9
Irvine, CA

California Landscape and Design, Inc. 10
Upland, CA
78 PICKLEBALL COURTS AT SEVILLE PARK PROJECT
0SCALE 1:6001200600

PROJECT LOCATION
N
79 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0347 Agenda Date: 7/22/2025
Agenda #: F. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award a Contract for the Demolition of Seville Park Amphitheater RECOMMENDATION:

Authorize the City Manager to execute a CUCCAC contract PW-26-11-CC with Wreck Age Demolition Inc. in the amount of $49,800.00 with a 10% contingency in the amount of $4,980.00 for the demolition of Seville Park Amphitheater.

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

DISCUSSION:

The Seville Park Amphitheater, located within Seville Park at 16601 Seville Avenue, has historically served as a venue for City-sponsored events and facility rentals. Through time, the structure has experienced significant deterioration and is no longer in a condition suitable for public use. In addition, the site has experienced unauthorized use, contributing to safety concerns for park visitors and the surrounding neighborhood. As a result, the amphitheater is now considered beyond feasible repair.

Following a comprehensive assessment, City staff have determined that demolition of the amphitheater is the most appropriate course of action. This will allow for the redevelopment of the site to accommodate new recreational amenities, specifically the design and construction of much requested pickleball courts.

In accordance with the California Uniform Public Construction Cost Accounting Act (CUCCAC), the City will be awarding the demolition contract PW-26-11-CC to Wreck Age Demolition Inc. based in Chino Hills, California.

Staff recommends proceeding with the demolition to enable timely planning and implementation of the proposed park improvements.

FISCAL IMPACT:

The total fiscal impact associated with the approval of this item is $54,780.00. Funds for this project are budgeted in the current FY 2025/2026 Budget in the Pickleball Court Project #37600092, Fund 604 - Capital TUT
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80 File #: 25-0347 Agenda Date: 7/22/2025
Agenda #: F. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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81

P.O. BOX 3040, CHINO HILLS, CA,91709
LICENSE #890096
DIR REGISTRATION # 1000004610

SBE MBE CERTIFIED

PHONE: FAX: EMAIL:
(909) 393-6937 (909) 393-6945 [email protected]

PROPOSAL AND CONTRACT
To: City of Fontana Date: Wednesday, June 11, 2025 Attn: Adrian Daniel

Project: Demolition of a block stage building
Address: 16601 Seville Avenue, Fontana, CA

I PROPOSE TO FURNISH ALL EQUIPMENT, FULLY OPERATED AND MAINTAINED, TO COMPLETE THE FOLLOWING:

This Company will not be responsible for broken sidewalks, underground pipes, etc.; if work involves drilling or blasting the cost of this work is extra unless otherwise agreed upon in writing. Also not responsible for dewatering filled ground, shoring, ca ve-ins, engineering, fine grading, backfilling, obtaining any required barricading or canopies, utility abandonment, removal of caiss ons or septic tanks, fencing, unforeseen, or obtaining required permits, unless otherwise specified in writing. Removal of property line fences and footings larger than 18 inches are extra. Not responsible for hazardous or contaminated material.

This company reserves the right to all salvageable material on the site at the time the job is bid, unless otherwise agreed upon in writing. Prices quoted do not include obtaining any necessary permits.

Any alteration or deviation from the following specifications involving extra work will only be executed upon written orders for same, and will become extra charge over the sum mentioned in this contract; all agreements must be in writing.

SCOPE OF WORK: This quote includes prevailing wages.

Demolition Scope:

1. Obtain a demolition permit from the City of Fontana. (Permit fee not included).

2. Obtain a water hydrant meter.

3. Install temporary construction fencing with windscreen to secure the site approximately 350 LF.

4. Demolish, remove and dispose of existing block building. Approx…800 SF.

5. Removal and disposal of concrete slab and foundations.

6. Removal and disposal of asphalt pavement adjacent to block building. Approx..1500 SF.

7. Removal and disposal of concrete pavement around the perimeter of the existing building.

8. Capping of sewer line is included.

9. Contract for Hauling services with the City’s franchise hauler, Burrtec Waste.

EXCLUDE: Cut and cap of existing utilities, permits, deposits for recycling, erosion control.

ALL THE ABOVE WORK TO BE COMPLETED IN A SUBSTANTIAL AND WORKMANLIKE MANNER FOR THE SUM OF:
$49,800.00 (Forty Nine Thousand Eight Hundred Dollars).

82

PHONE: FAX: EMAIL:
(909) 393-6937 (909) 393-6945 [email protected]

The price stated in this contract is valid for a length of 40 days only. After 40 days the total amount stated above will bec ome void unless a signed contract is returned within the specified time. Payments to be made 30 days upon completion of work. 10% per month for late payments. Price based on one move. Engineering, testing, survey, any required bonds, permits and inspection fe es to be paid by others. Sanitation facilities and water necessary for dust control shall be furnished by owner or general cont ractor ordering work. If circumstances at the site require that another specialty contractor be hired, such as to trim trees entangled in pow er lines, saw- cut property line walls, etc. The cost or hiring said contractor is not included in this quote unless specifically mentioned otherwise.

Owner indemnifies and agrees to defend Wreck Age Demolition, Inc., should any claims be made by third parties based on work performed by Wreck Age Demolition, Inc. In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

NOTICE TO PAYOR:
“Under the Mechanics’ Lien Law (California Code of Civil Procedures, Section 1181 et seq.), any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the pr oceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the su bcontractor, laborer, or supplier remains unpaid.”

We require the following information prior to scheduling: Signed contract, Copy of asbestos abatement completion, approximate square footage and age of structure, property owner’s name, address and phone number. Demolition and sewer permit s to be obtained by others prior to demolition.

Signature____________________________ Date_________________________________

Name________________________________ Title_________________________________

Respectfully submitted,

WRECK AGE DEMOLITION, INC.

ISMAEL E RODRIGUEZ
83 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0348 Agenda Date: 7/22/2025
Agenda #: G. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Acceptance of 2025 Housing and Homelessness Incentive Program Funding RECOMMENDATION:

1. Accept the San Bernardino County Continuum of Care’s Housing and Homelessness Incentive Program funding in the amount of $1,700,000;

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt of the San Bernardino County Continuum of Care’s Housing and Homelessness Incentive Program funding.

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

The San Bernardino County Continuum of Care (CoC) released the Request for Applications No.

OHS 24-05 Housing and Homelessness Incentive Program (HHIP) on October 31, 2024 making approximately $10 million dollars available to eligible applicants.

The HHIP is a statewide voluntary program in which Managed Care Plans (MCPs) work at the county level with local partners to build partnerships with social service providers and homeless systems of care. HHIP funds are used to invest in work done by local organizations that are leading housing and homeless-related efforts.

The ultimate goal is to improve health outcomes and access to whole-person care services by addressing housing insecurity and instability as social determinants of health for the targeted population.

There were five major categories that an applicant could request funding through this two-year grant:

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84 File #: 25-0348 Agenda Date: 7/22/2025
Agenda #: G. Category: Consent Calendar
· CoC Support which strengthens housing-related infrastructure and increases the related workforce.
· CoC Collaboration & Partnerships supports the increase in the number of housing-related service providers.
· Disparities & Equity Services Support enhances support for addressing disparities and equity in housing-related services.
· Street Medicine Support supports infrastructure to coordinate and meet eligible participants health and housing needs.
· Permanent Supportive Housing
The City submitted an application under the Permanent Supportive Housing category to be utilized at the Aldea Apartments to expand the City’s current homeless programming and was awarded $1,700,000. The County of San Bernardino’s grant approval process is expected to be completed in the next few months with the San Bernardino County Interagency Council on Homelessness approving the funding first and final approval by the San Bernardino County Board of Supervisors shortly thereafter.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in the Housing and Homelessness Incentive Program Continuum of Care funds in the amount of $1,700,000 dollars. The required budget adjustments will be included in the first available quarterly budget report in Fund 301 (Project #30200028) once the County has completed its approval process.

MOTION:

Approve Staff Recommendation.

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85 San Bernardino County Homeless Partnership
Homeless Provider Network
Administrative Office
560 E. Hospitality Lane, Suite 200, San Bernardino, CA 92408-0044 Office: (909) 501-0610

June 18, 2025

Mary Aguilar – Project Specialist
City of Fontana
8353 Sierra Ave
Fontana, CA 92335

RE: Notification of Recommendation for Funding - Housing and Homelessness Incentive Program – Continuum of Care

Greetings,

The Housing and Homelessness Incentive Program – Continuum of Care (HHIP – CoC) Evaluation Panel will be presenting funding recommendations to the Continuum of Care Board on June 25, 2025, for projects that were submitted in response to Request for Applications No. OHS 24-05. The City of Fontana is included in this award recommendation for the amount of $1,700,000.

Please note that final award amount recommendations are subject to approval by the CoC Board. You will receive further information following the CoC Board meeting on June 25, 2025.

If you have any questions regarding this letter, please contact the Office of Homeless Services at (909) 501- 0610.

Sincerely,

Scott Neeri
Administrative Analyst III
Community Revitalization – Office of Homeless Services

86 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0360 Agenda Date: 7/22/2025
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Parcel Map No. 20464 for the Development of a Commercial Property at the northwest corner of Citrus Avenue and South Highland Avenue, and the Abandonment of a Certain Portion of Alleys and a Certain Portion of Highland Avenue RECOMMENDATION:

1. Approve Final Parcel Map No. 20464, located on the north side of South Highland Avenue between Citrus Avenue and Catawba Avenue.

2. Accept dedication of public streets and easements.

3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of the alleys and a certain portion of Highland Avenue, as identified on the parcel map.

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

DISCUSSION:

On January 17, 2023, the City of Fontana Planning Commission approved Tentative Parcel Map No. 20464 (TPM No. 20-021), Variance No. 22-001, Conditional Use Permit No. 20-025, Conditional Use Permit No. 22-019, Conditional Use Permit No. 22-028, and Design Review No. 20-031 for the development of a commercial retail center on an approximately 8.9 adjusted gross acre site. The subdivider, Citrus Development, LLC, has complied with the Conditions of Approval and dedicated the required right-of-way and easements as a part of the project. The Parcel Map has been reviewed by the City Engineer and found to be substantially in conformance with the approved tentative parcel map.

As a part of this Parcel Map, portions of excess road right-of-way on Highland Avenue and certain alleys are no longer needed and will be vacated and abandoned. Pursuant to Section 66434(g) and Section 66499.20.2 of the Government Code (Subdivision Map Act), the City Clerk must certify the abandonment of those certain portions of street right-of-way. The filing of this Parcel Map shall constitute an abandonment of those portions of the easements granted to the City of Fontana for City of Fontana Printed on 7/17/2025Page 1 of 2
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87 File #: 25-0360 Agenda Date: 7/22/2025
Agenda #: H. Category: Consent Calendar
street and public utility purposes.

On May 6, 2025, the City of Fontana Planning Commission adopted Resolution No. PC 2025-013, finding that the vacation and disposition of portions of Highland Avenue and an unnamed alley are consistent with the goals and policies of the City of Fontana General Plan and the project is exempt from CEQA.

In accordance with the Subdivision Map Act, the Parcel Map is now being brought to the City Council for final approval.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/17/2025Page 2 of 2
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88 1

Revised - RP – 09/01/2022

LAND IMPROVEMENT AGREEMENT

PM # ASP #
DR # ADDRESS #

THIS AGREEMENT made and entered into this day of , 20___, by and between the City of Fontana, hereinafter call City and hereinafter called Applicant.

WITNESSETH:

WHEREAS, it is the intention of the Applicant to improve a certain parcel or parcels of land in the City of Fontana described as
and,

WHEREAS, the City Council of the City of Fontana has approved and adopted certain rules and regulations governing the developing of land in the City and the posting of improvements securities guaranteeing the installation of necessar y permanent improvements as set forth in Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 of the Fontana City Code and,

WHEREAS, the City Code specifically sets forth the requirements for the installations of necessary improvements affecting land development.

NOW, THEREFORE, the City and the Applicant mutually agrees as follows:

The Applicant will construct or cause to be constructed at applicants expense all required permanent improvements on streets abutting his proper ty, all required tests, design work, equipment materials, and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer or as specifically described and shown on approved plans on file with City Engineer and total cost estimate as stated on Exhibit “ A”, and in accordance with applicable provisions of the Standard Specifications and Standard Details of the City of Fontana in effect on the date of this Agreement.

The work shall be done under the supervision of and to the satisfaction of the City Engineer. The estimated cost of said work and improvement is the sum of ($ ) .

Surety bond for Faithful Performance in the penal sum of the estimated cost of said work and improvement shall be properly executed in favor of and delivere d to the City as part of this Agreement. In lieu of a surety bond the Applicant may deposit money or negotiable securities with the City as provided in Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 of the Fontana City Code.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculati on of the amount of securities required pursuant to the provisions of this section. 89 2

Revised - RP – 09/01/2022
Applicant’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Applicant’s surety in connection with the securities required pursuant to the provisions of this section.

All of the required improvements shall be completed within 12 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Applicant shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay

In addition to the extension for the reasons referenced in the foregoing paragraph, Applicant may submit a written request, Exhibit “B”, for a discretionary extension of the time for completion of the improvements to the City Engineer. The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.

Upon timely completion of the required improvements pursuant to the terms of this Agreement, and prior to final acceptance of the improvements by the City, Applicant shall submit to the City Engineer for review and approval, a digital copy of “ record” drawings of all improvement plans in accordance with the latest edition of the City of Fontana Electric File Submittal Requirements.

Upon the approval of “record” drawing, the City Engineer shall process the rele ase of the Applicant’s performance bond posted pursuant to the Bond Guarantee for Faithful Performance.

In the event that Applicant fails to complete the improveme nts within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Applicant, or his surety as herein pr ovided. If City pursues completion of the improvement work, it may require Applicant, or his surety, to pay the City in advance, sufficient monies to cover the City’s cost in completing construction of the improvements.

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

Applicant shall defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all liability arising out of or incident to Applicant’s performance of this Agreement, inclu ding without limitation all reasonable attorney’s fees, whether or not resulting from the negligence of Applicant or Applicant’s agents. This indemnity shall extend to any claims arising because Applicant has failed to properly secure any necessary easement, land right, contract, and approval, but shall not extend to any claim arising out of the sole negligence of City.

90 3

Revised - RP – 09/01/2022
It is further expressly agreed that the Applicant will procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

91 4

Revised - RP – 09/01/2022
IN WITNESS WHEREOF, three (3) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Applicant herein named on the day of , 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

APPLICANT CITY OF FONTANA

____________________________ By:

Signature City Engineer

Print Name

____________________________ Date:

Print Name

____________________________
Company Name

____________________________
Address

____________________________
City State Zip Code

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

92 11/18/2021 - RG

STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

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

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 7.00 _
ACCESS RAMP EA 5,000.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 150.00 _
*A.C.OVERLAY(0.20 THICKNESS)
PER CITY STANDARD TON 150.00 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

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

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 25 0.00 _
______________________ ________ LF _______ ________
______________________ ________ EA _______ ________ ______________________ ________ EA __ _____ ________ ______________________ ________ EA _______ ________

STREET IMPROVEMENT SUBTOTAL
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT 93

11/18/2021 - RG

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT

* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 250.00 ________
* 36" RCP L.F. 250.00 ________
* 42” RCP ________ L.F. 250.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

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

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________ MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________ _____________________ ________ EA ________ ________ _____________________ ________ EA ________ ________ _____________________ ________ EA ________ ________

STORM DRAIN IMPROVEMENT SUBTOTAL ________

* REINFORCE CONCRETE PIPE

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT

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

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 60.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________

SANITARY SEWER IMPROVEMENT SUBTOTAL ________

** VITRIFIED CLAY PIPE
94 11/18/2021 - RG

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 75,000.00 _
TWO CORNERS L.S. 100,000.00 _
TRAFFIC SIGNAL NEW L.S. 400,000.00 _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

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

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________
SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________ IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________ IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________
BONDING TOTAL........___________________
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APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
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Revised - RP – 09/01/2022
Bond No.

Premium $

BOND GUARANTEE FOR FAITHFUL PERFORMANCE

Land Improvement Agreement

WHEREAS, the City of Fontana, State of California, and
hereinafter designated as
“Applicant” have entered in to an agreement whereby applicant agrees to install and complete certain designated public improvements which said agreemen t, dated _____________, and identified as __________________________________________ is hereby referred to and made a part hereof; and

WHEREAS, said applicant is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we the applicant and
as surety, are held and fir mly bound unto the City of F ontana, hereinafter called the City, in the penal sum of ($ )
lawful money of the United States, for th e payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by those presents.

The condition of this obligation is such that if the above bonded applicant, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provi ded, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according t o their true intent and meaning, and shall indemnify and hold harmless the City, its officers, agents and employees, as the rein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, pursuant to Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 Fontana City Code, and any amendments thereto, for the installation of construction of:

As part of the obligation secured hereby and in addition to the fac e amount specified hereon, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agree ment or to the work to be performed thereunder or the specifications accompanying the same shall in any w ise affect its obligations o n this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
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Revised - RP – 09/01/2022
IN WITNESS WHEREOF, this instrument has been duly executed by the applicant and surety above named, on .

(seal)
Applicant

(seal)
Surety

NOTE: Signature for those executing for the surety must be properly acknowledge.

98 8

Revised - RP – 09/01/2022

LAND IMPROVEMENT AGREEMENT
EXHIBIT “B”

I,
(Applicant’s name here)
am the owner of the property to which this Request is being made for a One Year Time Extension for Project No. .

Print Name:

Applicant’s Signature:

Applicant’s Address:

Date:
(Attached Notary Acknowledgment)

CITY OF FONTANA

BY: DATE:

City Engineer

[ ] DENY

[ ] APPROVED

NEW DATE:

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101
102
103
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105
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0361 Agenda Date: 7/22/2025
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Professional Services Agreement for Architectural Design Services with Rubio Medina, Architect for the Metrolink Emergency Responder Substation Project (DE-25-153-SP) RECOMMENDATION:

1. Award and authorize the City Manager to execute a Professional Services Agreement with Rubio Medina, Architect for Architectural Design Services for the Metrolink Emergency Responder Substation Project in the amount of $455,190.00 (Request for Proposals DE-25-153-SP).

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00 for the Metrolink Emergency Responder Substation Project (Request for Proposals DE-25-153-SP).

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Metrolink Emergency Responder Substation Project.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · 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.

DISCUSSION:

The City of Fontana’s Capital Improvement Program Budget includes the Metrolink Emergency Responder Substation Project (“Project”). The proposed project is located within the Fontana Metrolink Transit Center, located at 16855 Orange Way, Fontana, CA 92335 and includes the demolition of the existing public restroom, construction of a new Fontana Police Substation and a café with public restrooms, along with a dedicated parking area for one motorcycle and one police vehicle. The Metrolink Emergency Responder Substation will be designed to accommodate up to five full-time officers and a front reception area. The total substation area shall not exceed 2,800 square feet and will include office spaces, a restroom, a small meeting room, and a public-facing front counter. Adjacent to the substation, a coffee shop will be constructed within an area not to exceed 900 square feet. The café will need to include two ADA-compliant unisex public restrooms.

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File #: 25-0361 Agenda Date: 7/22/2025
Agenda #: I. Category: Consent Calendar
On May 7, 2025, the City issued a Request for Proposals (RFP) for Architectural Design Services by notifying three hundred seventy-eight (378) prospective bidders through the Purchasing Office. Thirty -six (36) prospective bidders downloaded the RFP documents. On May 29, 2025, proposals were received from seven (7) firms interested in providing architectural design services for the project. The received proposals for architectural design ranged from $392,400.00 to $782,935.00 for all phases and were evaluated and ranked in accordance with the City policies and procedures.

Based on the evaluations, staff recommends approval of the Professional Services Agreement with Rubio Medina, Architect, a sole proprietorship of Irvine, CA, due to their experience, available project staffing and detailed approach to meeting the tight deadline. The total not-to-exceed amount of the Professional Services Agreement is $455,190.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $455,190.00 for the full term of the Professional Services Agreement. The $455,190.00 is included in the FY 2025-2026 budget in project 37600085-601-A-8113, Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

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METROLINK SUBSTATION RENOVATION PROJECT
0SCALE 1:6001200600

PROJECT LOCATION
N
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Ranking Matrix
Metrolink Emergency Responder Substation Project
Architectural Services RFP
DE-25-153-SP

Firm Rank
Rubio Medina, Architect 1
Irvine, CA
PBK 2
Rancho Cucamonga, CA
TR Design Group, Inc. 3
Riverside, CA
Ware Malcomb 4
Irvine, CA
BFK Architects 5
Pasadena, CA
RY + AO 6
Solana Beach, CA
LOC Architects 7
Los Angeles, CA

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1 16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DE-25-153-SP

This Agreement is made and entered into as of July 23, 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 Rubio Medina, Architect a Sole Proprietorship with its principal place of business at 780 Roosevelt, Irvine, CA 92620 (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 State of California and is in need of professional services for the following project:

Metrolink Emergency Responder Substation Project (hereinafter referred to as “the Project”).

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

C. The Parties desire by this Agreement to establish the terms for City to 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 $455,190.00. 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 that 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 be prepared by the City and executed by both Parties before performance of such services, or 110

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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 from the date of final payment under the contract for inspection by City.

5. Term
The term of this Agreement shall be from July 23, 2025 to July 22, 2028, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of thi s Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). 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 condi tions; 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. 111

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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 provisio ns 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 d eductibles 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 perform ance 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 every 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 main tain 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 113

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 amoun t 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 written 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 Commercia l General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 114

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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 retroactive 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 rep laced 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 accepta ble insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from 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 Cons ultant 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 specification s 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 of 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 section 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 obtaining a fi nal 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 Law s”). 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 Prevailing 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 the Prevailin g Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which 116

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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 registered 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 Industrial Relations against Consult ant 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 no t 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 Department 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 respecting 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 rig ht to terminate 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 termin ation. If said termination 117

9 16498.00150\32126437.1
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 mutu ally 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 payment 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 Rubio Medina 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: Christopher Smethurst, Department of
Engineering
CONSULTANT:

Rubio Medina, Architect
780 Roosevelt
Irvine, CA 92620
Attn: Rubio Medina, Architect

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.
118

10 16498.00150\32126437.1

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 Consul tant, any fee, 119

11 16498.00150\32126437.1
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement withou t 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]
120

12 16498.00150\32126437.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
Rubio Medina, Architect

By:

Rubio Medina
Architect

Attest:

By:

Germaine McClellan Key
City Clerk

Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Chief Financial Officer

Purchasing Office

121

13 16498.00150\32126437.1

EXHIBIT A
Scope of Services

122

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 4

PROJECT UNDERSTANDING

The City of Fountain Valley is seeking a qualified design team to develop a new police substation and coffee shop at the current Metrolink Station where an existing public restroom facility is located. The substation will help to assist the Fontana Police Department patrol the area and provide more presence where there is currently not; provide riders on the Metrolink line a place relax in between rides; and replace the restrooms lost by the new work.

The project will consist of three main components that will need to be developed and designed together:
 Police Substation: Program and develop a new 2,800SF police substation for a working staff of up to five employees including office and desk space, interview rooms, restrooms, and public interaction  Coffee Shop: Program and develop in conjunction with a third party a new 900SF public coffee shop with small commercial kitchen and prep area for the purpose of coffee and light snacks.
 Public Restrooms: As part of the coffee shop component, new public restrooms that will either be part of an accessible directly from the coffee shop or accessible and for use by Metrolink patrons and the surrounding community on a long term basis.

EV Charging: Explore opportunities to include EV charging as part of the project.

Minimal Disturbance to Existing Park: Prepare and develop the new facility to minimize disturbance to the existing park and parking areas and maintain flow of traffic for people wishing to use the park and for commuters.

Dedicated Parking: Provide dedicated parking for police personnel including a motorcycle space and patrol vehicle.

Be Good Neighbors: The existing amenities such as parking, Metrolink service, and park are anticipated to be in service and useable for the duration of construction. Continual access and coordination between Metrolink and the City will be necessary to ensure commuters’ safety.

Project Budget: Establish a project budget early in the process by a professional cost estimator giving the City of Fontana and the Police Department an early and accurate snapshot of the project costs.

123

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 5

PROJECT APPROACH

Our Project Approach is designed to engage the City of Fontana, the Fontana Police Department, and other interested stakeholders and incorporate their thoughts into the design features of the project. Our proven project approach includes:

All projects are led by firm owner Rubio Medina, Architect, providing Continuity of Service from the first design meeting through project closeout and move-in. He will not be replaced or removed.

An Accurate Programming Statement will be developed through the engagement of all interested stakeholders and begin to give form to what is now only thoughts and ideas to be understood by all interested parties.

Collaboration Collaborate and engage with police personnel to make them part of the design solutions to ensure challenges and desires are reflected in the final design package and installed.

We understand that your project is like no other and so we do not approach your project like any others – we will Develop Unique Solutions that speak to the nature of the City of Fontana.

Once we have developed potential solutions, we will seek to Validate Solutions at key intervals to review progress of the work, gain feedback, and verify that we have understood the stated objectives for the project.

We will Develop the Project Budget by our third-party estimator at an early stage and confirm that budget throughout the process and be responsive to current volatile market trends today and in the future.

Rubio Medina, Architect, will Be Responsive to your day-to-day inquiries and always be at the ready to answer questions and give updates on project status. We have built our reputation off of client service!

Our goal is to deliver a quality project to the City of Fontana and the community at large. Our
Quality Assurance plans involve continual
project management and regular interaction with our subconsultant team.

Teamwork, Teamwork, Teamwork! Successful projects are not the product of one individual. They involve a group of like-minded individuals working towards common goals. Call my references!!
124

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 6

PROPOSED SCOPE OF WORK
Task A: Project Design Kick-Off Meeting
Project Orientation: A project orientation meeting will be held with appropriate stakeholders for the Metrolink Emergency Responders Substation project including but not limited to City project management team, Metrolink personnel, police personnel, coffee shop owners, building department, planning department, and other interested stakeholders to discuss goals of the project, project protocol, lines of communications, sustainability goals, and processing timelines.

Project Schedule: The Architect will refine the conceptual project schedule for review and input from the attendants of the Project Orientation.

Data Gathering: The Architect will collect all previous materials and information regarding the proposed facility including but not limited to as built, studies, reports, budgets, title reports, and other information related to the site and project parameters.

Deliverables: Meetin
g minutes, updated schedule
Task B: Programming
Programmatic Study: The Architect will work with city police personnel to develop an accurate programming statement to accurately describe spaces to be included in the new substation, activities of those spaces, adjacencies to other spaces, and overall characteristics. The Architect will develop a space use analysis matrix and associated component diagrams so the spaces can be reviewed in both written and graphic formats.

The Architect will also meet with the proposed coffee shop owners to determine characteristics of the proposed spaces, equipment proposed for the space, and overall development guidelines.

During a working meeting, the Architect will present the draft programmatic study for review and comments by City of Fontana, police department, coffee shop owners, and other interested stakeholders. The Architect will gather the comments and revise the programmatic study which will become the basis for future work.

With the programmatic study completed and agreed to, the Architect will develop a site bubble diagram indicating proposed spaces and how the new facility would fit into the existing park area, traffic circulation, any security issues, landscaping, hardscape areas, trash enclosures and other site features for review and comments. The Architect will gather the comments and revise the site bubble diagram which will become the basis of future work.

Deliverables: Pro
gram matrix and component diagrams, site bubble diagram Task C.1: Schematic Design
Schematic Floor Plans: Based on the approved Programmatic Study, the Architect will develop conceptual floor plans to scale for the public safety facility indicating all room adjacencies, hallways, equipment, and general code conformance for review and discussion with the City, police personnel, Metrolink, and coffee shop owners. The Architect will revise the scheme based on comments received and will be the basis of future work.

Schematic Site Plan: Based on the approved site schematic bubble diagram and conceptual floor plan, the Architect will refine the site plan to include information including actual building size, vehicular access, secured parking, shared entrances, site features such as trash enclosure, fuel island, generator, training opportunities, and additional utility information.

125

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 7

Image Boards: Based on input from the planning division and City personnel, the Architect will prepare image boards of potential features and characteristics of exterior features and styles to arrive at a common design theme to be utilized for the architectural elevations of the facility. The Architect will prepare image boards of potential features and characteristics to be designed into the facility for review, comment, and consensus building.

Schematic Elevations: Based on information gained the Architect will develop conceptual elevations for the substation facility for review and discussions. Samples of materials and colors will be discussed, and the Architect will receive comments and revise the elevation schemes which will be the basis for future work.

Consultant Preliminary Design: The consultant team will prepare schematic engineering systems for the station including civil, electrical, water and sewer requirements, conceptual HVAC requirements, and structural engineering systems.

Opinion of Probable Construction Cost: An opinion of probable construction cost in CSI format will be completed based on completed schematic documents. The opinion of cost will be reviewed with the City Project Team and verified with the overall project budget. Phasing of the facility will be discussed and agreed upon for future development..

Deliverables: Schematic design level architectural drawings including site plan, floor plan, exterior elevations; schematic design level drawings from civil, structural, mechanical, electrical, and plumbin
g, opinion of probable construction costs
Task C.3: Geotechnical Investigation
Geotechnical Investigation: The Architect’s geotechnical consultant will be on-site to do exploratory borings on the proposed site for use in developing site soil characteristics and guidelines for an essential services facility and flatwork. The geotechnical consultant will dig and take samples at up to four test areas based on the approved site bubble diagram.

Geotechnical Report: The geotechnical consultant will prepare a site-specific report of the findings of their borings and make recommendations for footings, excavation and compaction activities, concrete sections, and site-specific work such as AC paving and concrete flatwork.

Deliverables: Geotechnical repor
t
Task C.2: Topographical/ALTA Survey
Topographical Survey: The Architect’s civil consultant will prepare a site topographical survey focused on areas of anticipated improvements only indicating boundary lines and site topographical characteristics for use in developing a demolition plan and for future site improvements.

ALTA Survey: The civil consultant will prepare an ALTA survey based on an owner supplied title report. The ALTA survey shall include items 3, 4, 5, 6(a)(b), 7(a)(b1)(c), 8, 11(a)(b), 13, 14, and 19 of Table A of the ALTA/NPS standards. The ALTA survey will cover the entire legal parcel having APN 0191-291-0000, having a total area of 5.136 acres

Deliverables: Site topo
graphical map, boundary survey, ALTA Survey

126

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 8

Task C.4: Planning Subimttal
Presentation Documents: The Architect will prepare colored site, floor plan, and exterior elevations previously prepared for use in presenting the full project to City Planning Department to attain planning approval.

Deliverables: Colored site, floor plan, and exterior elevations; additional documents as required by the City of Fontana Planning Department.

Task D: Design Development Documents
Design Development Documents: Based on the schematic design previously completed and approved the Design Team will further refine the project scope and develop grading, utility, structural, electrical and mechanical systems, and planting plans and how they relate and impact the approved design.

The Design Development set (50% Construction Documents) will be submitted to the City IT department for system review, coordination, and comments on required systems to be in place.

Outline Specifications: The Architect will prepare an outline specification indicating proposed materials, finishes, equipment, and general product data. The outline specification will be discussed with the City, Fire, and Sheriff Department personnel to determine color and material selections for the interior of the project.

Opinion of Probable Construction Cost: An opinion of probable construction cost in CSI format will be completed based on completed design development documents. The opinion of cost will be reviewed with the City Project Team and verified with the overall project budget. Value engineering items will be discussed if necessary to bring the project back within budget limits.

Deliverables: Design Development plans (50% CD): architectural, civil, structural, mechanical, electrical, landscapin
g; opinion of probable construction cost in CSI format
Task E.1: Construction Documents
Construction Documents: The Design Team will prepare Construction Documents for use in submitting to the City of Fontana Building Department for review and permitting.

The project will be designed using the 2022 CBC as amended by the City of Fontana, and other applicable and current local codes including the CalGreen Checklist for Sustainable Design. The Construction Documents will include plans, specifications, and calculations. Submittals are anticipated at 50% and 90% only.

Equipment Cut Sheets: The Design Team will present product cut sheets for proposed equipment for review by the City maintenance department for verification of systems to be specified. The Design Team will make revisions to equipment based on comments from the maintenance department and incorporate in to the final design.

Utility Coordination: The engineering consultants will coordinate with local wet and dry utility service providers for onsite and offsite improvements relating to water, sewer, gas, electrical, cable, data, and phone. The engineering consultants will assist the Architect and the City in submitting an application for new and or revised services to the subject site.

Building Department Submittal and Permit Issuance: At the completion of the 90% construction document phase, the plans will be submitted to the City of Fontana Building Department for review of code issues. The Design Team will respond to review plan check items and resubmit for building department issuance. The plans incorporating these items will be considered the Bid Set.

127

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 9

It is anticipated that the entire project will be submitted for plan check as one project with phasing of plans clearly delineated.

It is anticipated that the Design Team will respond to plan check comments generated out of first plan check comments only. Any additional comments not originally contained in first plan check comments will be picked up on an hourly basis.

Project Manual: The Design Team will prepare the project manual which will include the technical specifications for all proposed systems, finishes, materials, and equipment to be installed. The Architect will coordinate with the City in preparing Division 1 specifications, sustainability requirements, general conditions, and bid information.

Opinion of Probable Construction Cost: An opinion of probable construction cost in CSI format will be completed based on 70% and 100% construction documents. The opinion of cost will be reviewed with the City Project Team and verified with the overall project budget. Value engineering items will be discussed if necessary to bring the project back within budget limits.

Deliverables: Construction Documents and calculations suitable for submitting to building department (90% CD): architectural, civil, structural, mechanical, electrical, landscaping; opinion of probable construction cost in CSI format (2 total); bid ready plans and specifications.

Task F.1: Bidding Support Services/Construction Administration Bid Assistance: During the bidding phase the Design Team will assist the City in preparing bid documents for use in distributing to prospective general contractors. The Architect will attend a pre-bid meeting at the site and assist the City in presenting and explaining the work. The Design Team will respond to contractor request for information, review proposed product substitutions, and prepare addenda for distribution.

Construction Administration: The Architect will establish a means to respond quickly to the contractor’s requests for information. Scope is based on a twelve-month construction schedule. Services include:
 Attend bi-weekly construction meetings to determine general conformance with the Contract Documents (up to 24 meetings)
 Periodic review by the sub consultant team during key points in development of the remodel (total of six meetings)
 Review of contractor application for payment
 Final pay application recommendations
 Final walk-through and punch-list; establishment of Date of Substantial Completion (total of two meetings)
 Submittal/ Shop Drawing review
 Product substitution review
 Responses for contractor clarifications / field questions/ requests for information  Preparation of change orders/ architects ’ supplemental instructions as required  Review of contractor submitted operat ions manuals and as-built documents

Deliverables:

Addenda and clarification as required
Task F.2: Record Drawings
Record Drawings: The Architect and the sub-consultant design team will receive the general contractor’s red lined field set as required by the specifications and incorporate those changes into the drawings. The Architect will return one unstamped or signed set to the City for their records.

128

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 10

Exclusions
The following
services are
excluded from
our scope and
fee:

 Environmental documentation and processing
 Hazardous materials abatement or evaluation
 Independent investigation of accuracy of supplied information from Owner  Permit/ plan check/ agency fees
 Optional CalGreen Tier design and evaluation
 LEED Certification and evaluation
 Photovoltaic design (performance specification for third party design/installation included)
 EV charging stations for vehicles other than Level-2 (buses, etc)  Telecommunications design (backbone system and coordination with City IT department and other vendors included)
 Power, raceway, cabling and similar for radio dispatch operations – assumed none required at the facility.
 Fire suppression design (to be design-build by selected contractor, performance specification included)
 Specialized footing systems (mat slabs, pile driven, etc)  Specialized framing systems (moment frames, etc)
 On site retention/percolation systems
 Off-site improvements to streets, utilities, or sidewalks (parking as specified in scope are included)
 Construction staking
 Special inspections during construction including but not limited to soils compaction, concrete compression testing, welding inspections, and other specialty inspections as required by the drawings.

Task E.2: Water Quality Management Plans (Optional Service) Preliminary WQMD: The Architect’s civil consultant will prepare a Preliminary Water Quality Management Plan (PWQMP) in accordance with the current County of San Bernardino and City of Fontana Storm Water Standards as required for the anticipated ASP entitlement process for the Project. The report will include permanent BMPs to treat the Project site storm water runoff and mitigate downstream hydromodification.

Final WQMD: The Architect’s civil consultant will prepare final WQMD documentation in accordance with the current County of San Bernardino and City of Fontana Storm Water Standards. The report will include permanent BMPs to treat the Project site storm water runoff and mitigate downstream hydromodification.

Deliverables: WQMD Documentation
Task E.3: Fire Sprinkler Design (Optional Service)
Fire Sprinkler Design: It is anticipated that the fire sprinkler design will be a deferred submittal and completed by the selected general contractor. Should the City request or require that the fire sprinkler design be completed at time of building design, the Architect’s consultant will prepare design plans and calculations for a fully functional fire sprinkler system.

Deliverables: Fire sprinkler drawin
gs and calculations.

Task E.4: EV1 Parking Stalls (Optional Service)
EV Charging Stalls: The Architect’s electrical consultant will prepare drawings for up to four (4) EV parking stalls for adjacent building parking. It is assumed that EV parking will be designed as Level-2 (40A/2P) with charging station, wire, service conductors installed at completion of project.

129

QUALIFICATIONS AND PROPOSAL
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 11

PROPOSED CONSTRUCTION SCHEDULE

130

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.

131

FEE SCHEDULE
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 1

PROPOSED FEE SCHEDULE

**SUBTOTAL (BASE FEE):
132

FEE SCHEDULE
Rubio Medina, Architect Metrolink Emergency Responder Substation Project: 2

PROPOSED FEE SCHEDULE (OPTIONAL SERVICES)

SUBTOTAL (BASE FEE + REIMBURSABLE) = $398,450.00
SUBTOTAL (OPTIONAL SERVICES - E.2, E.3, & E.4) = $56,740.00 GRAND TOTAL = $455,190.00
133
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0367 Agenda Date: 7/22/2025
Agenda #: J. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Award Bid for Food Services - The Path DS-25-101-SP
RECOMMENDATION:

1. Award bid and authorize a purchase order for a one-year with Chapala Mexican Grill in the amount of $179,400.00 for food services for The Path Homelessness Shelter.

2. Approve and Authorize the City Manager, or City Manager’s designee, to execute any future amendments and necessary documents for the Food services agreement.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.

DISCUSSION:

The City of Fontana has determined Homelessness and Homeless prevention as a top priority and has previously instructed staff to take all feasible actions in support of the City’s homelessness prevention plan. The City of Fontana owns The Path; formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), an Interim Housing Facility with 120 beds dedicated to serving individuals and families experiencing or at risk of homelessness. Currently, residents of the Path are provided with a continental breakfast due to the lack of available kitchen facilities.

The Purchasing Office solicited a Request for Proposals for DS-25-101-SP Food Services at The Path. The formal bidding process has been completed in conformance with the City’s purchasing policies. The Evaluation Committee evaluated five (5) proposals based on qualifications, technical approach and fee structure and is recommending Chapala Mexican Grill for award. Chapala Mexican Grill was determined to be the most qualified, responsible, and responsive bidder. The proposals cost per meal for residents range from $4.95 to $19.50. Chapala Mexican Grill cost breakdown is as follows:
· A flat rate per resident of $13.80 for one meal per day The monthly cost for up to 50 residents will be $14,950.00 and will vary depending on the occupancy City of Fontana Printed on 7/17/2025Page 1 of 2
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File #: 25-0367 Agenda Date: 7/22/2025
Agenda #: J. Category: Consent Calendar
of the Path.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $179,400.00 included in The Path Operating Expenses 10130105 FY 2025-2026 and supplemented by grants when possible.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 7/17/2025Page 2 of 2
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135
Firm Score Rank
Chapala Mexican Grill
Fontana, CA 3.01 1
Everytable
City of Industry, CA 2.38 2
NSM Consulting Group
Alexandria, VA 1.93 3
Women Organizing Women
Riverside, CA 1.92 4
Titan Contracting
Moreno Valley, CA 1.13 5
Bid Summary
Food Services for The Path
DS-25-101-SP
SCORE: 0=Unacceptable 1=Poor 2=Average 3=Good 4= Excellent 136
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
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City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

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PlanetBids
138
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
139
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
140
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
141
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
142
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
143
City of Fontana
Food Services for The Path Homelessness Prevention Resource and Care Center (HPRCC) (DS-25-101-SP), bidding on 06/19/2025 2:00 PM (PDT)

Printed 07/16/2025
PlanetBids
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0370 Agenda Date: 7/22/2025
Agenda #: K. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Purchase of Artificial Turf Replacement Materials for Fields #1 and #2 at Ralph M. Lewis Park.

RECOMMENDATION:

1. Authorize the Purchasing Division to utilize the California Multiple Awards Schedule (CMAS) contract #4-06-78-0031A to procure Artificial Turf Replacement Materials and Nailer Boards Replacement per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal.

2. Approve the purchase from FieldTurf USA, Inc. in the amount of $753,598.70 for the synthetic turf and materials.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The artificial turf fields at Ralph M. Lewis Park were last replaced in 2015. Since then, the original 8- year warranty period has expired, and they are nearing the end of their expected service life.

The attached CMAS Pricing Proposal from FieldTurf USA, Inc. includes the supply of all materials necessary to replace the existing artificial turf on Field #1 and Field #2. The total cost is $356,497.19 for Field #1 and $355,437.51 for Field #2. The proposal also includes a 10-year, third-party, pre-paid insured warranty upon completion of installation. In addition, the City received an $80,000 credit in March 2025 as part of a class action settlement, which has been applied to this proposal as a $40,000 line-item credit per field.

The proposal from FieldTurf also includes pricing for the optional replacement of Nailer Boards, which secure the edges of the new turf during installation (Proposal Alternate A1). The existing Nailer Boards will remain in place and be reused unless their condition at the time of turf removal warrants replacement. To account for this possibility, funding in the amount of $41,664.00 is being requested to cover the potential replacement of up to 2,400 linear feet of Nailer Boards, if necessary.

Installation of the materials requires a competitive process. Therefore, staff will bring forward a separate contract for approval of the labor and installation of these fields, which will include the removal and disposal of the existing turf. The fields are scheduled to be replaced in early 2026 to avoid conflicts with scheduled games.

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File #: 25-0370 Agenda Date: 7/22/2025
Agenda #: K. Category: Consent Calendar
FISCAL IMPACT:

The total fiscal impact for this purchase is $753,598.70. Funding is included in the Fiscal Year 2025- 2026 operating budget in Org# 60437000.8130.

MOTION:

Approve Staff Recommendation
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146

CMAS PRICING PROPOSAL

RALPH M. LEWIS PARK FIELDS 1 AND 2

MATERIALS ONLY

July 9, 2025
FieldTurf USA Inc. is pleased to present the following proposal. FieldTurf pricing is based on the current FieldTurf CMAS Contract (4-06-78-0031A). FieldTurf California License 849044.

Click the follow CMAS hyperlink for CMAS due diligence documentation: CMAS Contract: 4-06-78-0031A Ralph Lewis - Field 1
Synthetic Turf - Materials Only
FieldTurf Vertex Core 2.5" with CoolPlay (Materials taxable) 75,566 SF $2.92 $220,703.72 FieldTurf Vertex Core 2.5" with CoolPlay (Materials Nontaxable) 75,566 SF $1.91 $144,435.91 Inlaid Soccer Markings 1 EA $9,974.81 DONATED
Inlaid Football Numbers & Arrows 1 EA $20,629.72 DONATED Inlaid Football Hashmarks 1 EA $9,500.00 DONATED
Inlaid Football Media Lines 1 EA $10,450.01 DONATED
Inlaid Center Logo (Approx. 36'-3" x 13'-6"; 3 Colors) 1 EA $8,080.00 $8,080.00 Taxes 1 LS $19,311.58 $19,311.58
A 10- year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface
1 EA Included Included
Credit 1 EA -$40,000.00 -$40,000.00

Subtotal Synthetic Turf $352,531.21

Subtotal Project $352,531.21

Performance & Payment Bonds 1 LS $3,965.98 $3,965.98

Total - Ralph Lewis Park - Field 1 - Materials Only $356,497.19

147

CMAS PRICING PROPOSAL

Field Replacements to take place in 2025.

Voluntary Alternates for all Fields
A1 Nailer Board replacement (if required) 1 LF $17.17 $17.17 Performance & Payment Bonds 1 LS $0.19 $0.19
Total Alternate #4 $17.36/LF

PRODUCT DETAILS
FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf Vertex CORE 2.5” (FTVTC-1-CP) with CoolPlay system, with the following product characteristics:

Pile Height: 2.5 Inches
Infill Weight: 6.2lbs sand, 2.4lbs cryo & 0.6 CoolPlay per sq.ft.

Pile Weight: 47 oz/yd2
Total System Weight: 1393 oz/yd2

FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality promised will be the quality delivered.

Ralph Lewis - Field 2
Synthetic Turf - Materials Only
FieldTurf Vertex Core 2.5" with CoolPlay (Materials taxable) 75,421 SF $2.9208 $220,291.08 FieldTurf Vertex Core 2.5" with CoolPlay (Materials Nontaxable) 75,421 SF $1.9071 $143,836.77 Inlaid Soccer Markings 1 EA $9,974.81 DONATED
Inlaid Football Numbers & Arrows 1 EA $20,629.72 DONATED Inlaid Football Hashmarks 1 EA $9,500.00 DONATED
Inlaid Football Media Lines 1 EA $10,450.01 DONATED
Inlaid Center Logo (Approx. 36'-3" x 13'-6"; 3 Colors) 1 EA $8,080.00 $8,080.00 Taxes 1 LS $19,275.47 $19,275.47
A 10-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface
1 EA Included Included
Credit 1 EA -$40,000.00 -$40,000.00

Subtotal Synthetic Turf $351,483.32

Subtotal Project $351,483.32

Performance & Payment Bonds 1 LS $3,954.19 $3,954.19

Total - Ralph Lewis Park - Field 2 - Materials Only $355,437.51 148

CMAS PRICING PROPOSAL

PRICE INCLUDES: MATERIALS ONLY

a) Supply of synthetic turf (Vertex CORE 2.5")
b) A 10-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface. c) Inlaid Football Marking (2 sets, 1 per field).
d) Inlaid Soccer Markings (2 sets, 1 per field).
e) Inlaid Center Logo (Approx. 36'-3" x 13'-6"; 3 Colors) 1 per field. f) Payment & Performance Bonds.
g) Taxes.

NOTE: Materials must be installed by an exclusive certified FieldTurf installer.

PRICE DOES NOT INCLUDE:

a) Removal and disposal of the existing synthetic turf. b) Regrade of the existing stone base.
c) Installation of the synthetic turf field.
d) Installation of inlaid field graphics.
e) Installation of inlaid sport markings.
f) Installation of the versatile drainage tile and liner. g) The base upon which the FieldTurf artificial turf surface will be placed. FieldTurf shall not be responsible for the stability, the porosity, nor the approval of the base upon which the FieldTurf surface will be installed, the drainage system, nor any construction or modification of existing installations around the fields.
h) FieldTurf is not altering or improving the existing drainage system under the existing artificial turf limits. No removal, milling, ponding, flooding or repairs within the existing base and drainage system are included and shall remain the responsibility of the owner. i) The supply, replacement, installation and/or modification of the existing field edging, perimeter nailer board or existing inner concrete curbing within the artificial turf limits. j) The supply and import of additional finish aggregate. k) Any costs associated with necessary charges relating to the delineation of the field. l) Unless otherwise specified, the price does not include any G-max testing. m) The supply of or adjustment to existing manholes, clean-outs or grates and supply of the manhole covers.
n) The supply of or adjustments to existing manholes, clean-outs or grates, and supply of the manhole covers.
o) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders and will become an extra charge over and above the offered price.
p) Site security.
149

CMAS PRICING PROPOSAL

q) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. r) Site restoration, sodding, landscaping or grow-in.
s) Permit fees, Inspection fees.
t) A vehicle to tow FieldTurf maintenance equipment.
u) FieldCare Maintenance Program.
v) Maintenance equipment.
w) Newly imposed Tariffs.
x) Anything not explicitly noted in the inclusions.

The pricing set forth in this proposal is based on applicable tariffs, duties, and taxes in effect as of the proposal date. Any new or increased tariffs, duties, taxes, or similar charges imposed by the United States Government, whether at the federal or state level, on products included in this proposal after the proposal date shall be the sole responsibility of the Customer and will result in an adjustment to the proposed price accordingly. FieldTurf USA, Inc. reserves the right to modify pricing to reflect such additional costs, and the Customer agrees to bear any such increases.

The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The parties recognize that the effects of global economic instability are currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products.

In addition, as these contingencies have not been factored into this proposal, materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify you as soon as possible of any such events and/or contingencies.

Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding.

Please feel free to reach out to any member of our project team with questions about our offer:

Dino Di Maulo Cal Watson
Project Manager Regional Sales Manager
(514) 375-2577 (858) 353-2366
[email protected] [email protected]

Thank you again for your interest in FieldTurf, we look forward to working with you.

Per:

Marie-Christine Raymond, Vice President of Customer Operations FieldTurf USA, Inc. / Tarkett Sports Canada, Inc.

FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: [email protected]. 150

CMAS PRICING PROPOSAL

151

CMAS PRICING PROPOSAL

a) This bid proposal and its acceptance is subject to
strikes, accidents, delays beyond our control and
force majeure.
b) FieldTurf’s preferred payment terms are as
follows: (i) 50% of the Price upon Customer’s
execution of contract; (ii) 40% of the Price upon
shipment of materials from FieldTurf’s
manufacturing facility; and (iii) Remaining balance
of ten percent (10%) upon substantial completion
of the field, which shall be achieved when
Customer is able to use the field for its intended
purpose, even if punchlist items remain and the
Certificate of Completion has not been executed
by Customer.
c) Accounts overdue beyond 30 days of invoice
date will be charged at an interest rate of 10%
per annum.
d) FieldTurf requires a minimum of 21 days after
receiving a fully executed contract or purchase
order and final approvals on shop drawings to
manufacture, coordinate delivery and schedule
arrival of installation crew. Under typical field size
and scenario, FieldTurf further requires a minimum
of 28 days per field to install the Product subject to
weather and force majeure

e) FieldTurf requires a suitable staging area. Staging
area must be square footage of field x 0.12, have a
minimum access of 15 feet wide by 15 feet high, and,
no more than 100 ft from the site. A 25 foot wide by
25 foot long hard or paved clean surface area
located within 50 feet of the playing surface shall be
provided for purposes of proper mixing of infill

CONDITIONS
Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply:
material. Access to any field will include suitable
bridging over curbs from the staging area to permit
suitable access to the field by low clearance vehicles.

Staging area surface shall be suitable for passage
with motor vehicles used to transport materials to the
site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface
unless such damages are caused by FieldTurf’s
intentional misconduct or negligence.
f) This proposal is based on a single mobilization. If
the site is not ready and additional mobilizations
are necessary, additional charges will apply.
g) Upon substantial completion of FieldTurf’s
obligations, the Customer shall sign FieldTurf’s
Certificate of Completion in the form currently in
force; to accomplish this purpose, the Customer will
ensure that an authorized representative is present
at the walk-through to determine substantial
completion and acceptance of the field, which may
include a list of punch list items.
h) FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions.
i) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with
collection procedures in the event that FieldTurf
pursues collection of payment of any past
due invoice.
j) All colors are to be chosen from FieldTurf’s
standard colors.

THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING 152
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0371 Agenda Date: 7/22/2025
Agenda #: L. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Amend the Professional Service Agreement DS-24-127-MS for the property management of 17133 Valley Boulevard-The Path
RECOMMENDATION:

1. Approve and Authorize the City Manager, or City Manager’s designee, to amend the Professional Service Agreement in the amount of $44,375 per month.

2. Approve and Authorize the City Manager, or City Manager’s designee, to execute any future amendments and documents necessary for the Property Management of The Path.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.

DISCUSSION:

The City of Fontana has determined Homelessness and Homeless prevention as a top priority and has previously instructed staff to take all feasible actions in support of the City’s homelessness prevention plan. The City of Fontana owns The Path; formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), an Interim Housing Facility with 120 beds dedicated to serving individuals and families experiencing or at risk of homelessness.

On May 28, 2024, City Council authorized the Non-Competitive Proposal Single/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5 to procure the service. The city entered into a professional service agreement DS-24-127-MS on June 15, 2024, for property management services with KCP Management, LLC.

The current contract is $30,000 per month renewing on 60-day extensions for the daily operations of The Path. Staff recommends amending the contract to a one-year agreement and expanding the scope of work to include security services with the following cost breakdown:
· $12,500 per month for security services
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File #: 25-0371 Agenda Date: 7/22/2025
Agenda #: L. Category: Consent Calendar
· $1,875 per month for administrative cost
The monthly cost will increase to $44,375 per month; with a one-year contract for the first year, with the option to renew on 60-day extensions.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $44,375 per month included in The Path Operating Expenses 10130105 FY 2025-2026 and supplemented by grants when possible.

MOTION:

Approve staff recommendation.

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KCP Management, LLC
12680 Stanton Ave.

Tustin, CA 92782
Phone: 909-289-2924
Email: [email protected]
_____________________________________________________________________________________ The Path Fontana Proposal
Objective: Provide site operations, security, and management services for the City of Fontana (hereinafter referred to as “City”) for “The Path” located at 17133 Valley Blvd, Fontana, CA 92335. This proposal extends the current term from 60 days to a full 1-year term (12-month term).

Proposed Term:
•1 year (12 months) with optional 60-day extensions thereafter for Hotel Management. •1 year (12 months) with optional 60-day extensions thereafter for Security Services.

Budget:

Site Manager Background: KCP Management, LLC (hereinafter referred to as “KCP”) has operated the subject facility since July 1, 2024. In addition, KCP currently has six hotel properties under management, spanning California, Texas, and New Mexico; all properties are well maintained and highly rated on review platforms.

Site Management Scope of Work:
•KCP will hire security onsite employees, pay and manage employees, and provide overall management of property for the City as needed/required. •24-hour management of subject facility (at least one team member on site at all times). •Provide essential supplies (Soap, Toilet Paper, batteries, cleaning supplies, etc.) to guests. •Checking in and checking out approved guests per City requirements. •Assist H.O.S.T, case management, and other building/city staff with overall client management/services.
•Enforce program rules and curfew hours.
•Keep detailed records of all observed events at the facility. •Provide regular reports on room inspections, rule violations, and ongoing occupancy. • Provide guests with hospitable service and reasonable accommodations. • Ensure common areas and parking lot are clean and orderly on a regular basis.

Service Amount (per
month)
Term (months) Total
Site Operations $30,000 12 $360,000
Security Service $12,500 12 $150,000
Administrative Cost $1,875 12 $22,500
Total Cost $44,375 12 $532,500
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• Ensure rooms are cleaned, inspected, and turned over on a regular schedule per City requirements.
•Ensure all linens, bed sheets, towels, etc. are washed and ready for guests on a regular schedule.
• Reporting maintenance issues to City and coordinating repairs with City approval as needed. •Maintaining required insurance related to management duties (liability, professional liability, and workers compensation) in limits acceptable to City. •Any other management responsibilities as determined by the City.

Security Background: 2 full-time unarmed security guard(s) will be hired. Guards are to be “Guard Card” certified by BSIS (security guard license) and trained in nonviolent crisis intervention.

Security Scope of Work:
•Routine perimeter checks
•Support intake and exit of guests
•Assist with room inspections on a regular schedule
•Document and help enforce rule infractions
•Participate in client interventions with utilization of established rapport developed with clients •Exit and entrance security using metal detector and scanning wands KCP Management, LLC will not be required to:
• Maintain any insurance related to the building (fire, earthquake, etc.) • Pay for repairs/maintenance.
• Pay for utilities.
• Pay for TV, internet, or phone service.

Billing:

KCP Management, LLC will provide invoice to City before the 10th of the following month. 156
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0377 Agenda Date: 7/22/2025
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Measure I Five Year Local Street Capital Improvement Program Annual Adoption RECOMMENDATION:

Adopt Resolution No. 2025-048, adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2025/2026 - 2029/2030.

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

DISCUSSION:

San Bernardino County Transportation Authority (SBCTA) is responsible for administering the San Bernardino Measure I Program from which the City of Fontana receives funds for transportation projects.

On July 23, 2024, the City Council adopted by Resolution the Fiscal Years 2024/2025 - 2028/2029 Measure I Five Year Local Street Capital Improvement Program, also known as the “five-year look ahead CIP Plan” for projects to be funded by the Measure I Valley Local Streets Pass-Through Program.

As program administrator, SBCTA permits local jurisdictions to amend the “five-year look ahead CIP plan” at the end of each fiscal year to account for expenditures made. There were no changes to the plan over the last fiscal year and therefore an amendment is not required.

SBCTA also requires local jurisdictions to complete an annual update of the five-year program, identifying the projects to be funded in the upcoming fiscal year (FY 2025/2026). Attachment “A” to the Resolution is the CIP List for the Fiscal Years 2025/2026 - 2029/2030, identifying the progress which will be funded by the Local Pass-Through Program.

FISCAL IMPACT:

Project budgets will be established as each individual project moves forward, providing full funding detail. The Measure I Local Pass-Through Program (Attachment “A” to the Resolution) funds are City of Fontana Printed on 7/15/2025Page 1 of 2
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File #: 25-0377 Agenda Date: 7/22/2025
Agenda #: M. Category: Consent Calendar
received monthly and will fund the projects listed on the Local Street Program.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-048

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, ADOPTING THE MEASURE I FIVE YEAR LOCAL

STREET CAPIT AL IMPROVEMENT PROGRAM FOR FISCAL YEARS
2025/2026 - 2029/2030.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County T ransportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and

WHEREAS, Expenditure Plans of the Ordinances require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program adopted by resolution of the local jurisdiction; and

WHEREAS, local jurisdictions are required to amend the original adopted annual plan to the end of the fiscal year; California Public Utilities Code 190300 and Ordinance No. 04 -01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Fontana is $1,901,831; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, hereby adopts the Attachment “A” Measure I Five -Year Capital Improvement Program for Fiscal Years 2025/2026 through 2029/2030.

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 that was 173
Resolution No. 2025-048

duly and regularly adopted by the City Council at a regular meeting 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
174
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/25 Carryover Balance $11,481,705.07
FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue Total Est. Rev. $5,584,728 $5,739,982 $5,900,697 $6,067,674 $6,241,808 $29,534,889 Projects:

ADA Ramps Reconstruction 37600087 No No 0.0% 0.0% $500,000 $500,000 $0 $0 $0 $0 $500,000 Arrow/Cypress TS 37603386 No No 0.0% 0.0% $2,114,000 $272,001 $0 $0 $0 $0 $272,001 Citrus/Malaga Pedestrian Xing 37503356 No No 0.0% 0.0% $100,000 $100,000 $0 $0 $0 $0 $100,000 Fontana SRTS Gap Closure 37600003 No No 0.0% 0.0% $4,593,000 $284,307 $0 $0 $0 $0 $284,307 S.Highland & Juniper Traffic Signal 37600052 No No 0.0% 0.0% $260,000 $87,266 $0 $0 $0 $0 $87,266 TruckRte/Street Name Sign Instal 37500016 No No 0.0% 0.0% $100,000 $95,455 $0 $0 $0 $0 $95,455 Alder-Locust-Ramona SRTS 37603339 No No 0.0% 0.0% $5,926,000 $451,543 $0 $0 $0 $0 $451,543 Citywide RRFB (TDA) 37600070 No No 0.0% 0.0% $200,000 $147,500 $0 $0 $0 $0 $147,500 Catawba Ave SRTS TDA 2023 37600068 No No 0.0% 0.0% $793,000 $383,213 $0 $0 $0 $0 $383,213 Baseline Ave and Palmetto Ave TS 37600031 No No 0.0% 0.0% $1,900,000 $1,722,195 $0 $0 $0 $0 $1,722,195 Cypress Ave at Summit Ave TS 37600038 No No 0.0% 0.0% $1,257,000 $1,167,607 $0 $0 $0 $0 $1,167,607 Date Elementary School SRTS (ATP) 37600029 No No 0.0% 0.0% $2,150,000 $659,827 $0 $0 $0 $0 $659,827 Maple Ave Pavement Rehabilitation 37600053 No No 0.0% 0.0% $272,000 $272,000 $0 $0 $0 $0 $272,000 San Sevaine PH I 37603345 No No 0.0% 0.0% $16,100,000 $326,575 $0 $0 $0 $0 $326,575 Santa Ana & Juniper Ave TS 37600054 No No 0.0% 0.0% $910,000 $31,922 $0 $0 $0 $0 $31,922 Sierra/Riverside Traffic Signal 37603329 No No 0.0% 0.0% $2,339,000 $3,833 $0 $0 $0 $0 $3,833 Street Name Sign Replacement 37500033 No No 0.0% 0.0% $216,000 $216,000 $0 $0 $0 $0 $216,000 Valley & Live Oak Recon Curb Return 37600057 No No 0.0% 0.0% $285,000 $247,408 $0 $0 $0 $0 $247,408 TMS Signal Upgrade 37600064 No No 0.0% 0.0% $1,291,624 $643,935 $0 $0 $0 $0 $643,935 Bridlepath at Oxer RRFB Project 37600007 No No 0.0% 0.0% $30,000 $30,000 $0 $0 $0 $0 $30,000 Citywide Bus Pads TDA 37600069 No No 0.0% 0.0% $84,319 $25,281 $0 $0 $0 $0 $25,281 Etiwanda Ave TS Video Detect System 37500043 No No 0.0% 0.0% $9,423 $9,423 $0 $0 $0 $0 $9,423 Live Oak & Cloverdale RRFB 37500051 No No 0.0% 0.0% $50,000 $50,000 $0 $0 $0 $0 $50,000 Mango & Wabash RRFB 37500050 No No 0.0% 0.0% $50,000 $50,000 $0 $0 $0 $0 $50,000 Summit Ave. Left-Turn Phasing 37600032 No No 0.0% 0.0% $76,000 $76,000 $0 $0 $0 $0 $76,000 Alder Marigold TS F3600071 No No 0.0% 0.0% $1,250,000 $0 $1,250,000 $0 $0 $0 $1,250,000 Banana/Cherry F3600041 No No 0.0% 0.0% $1,250,000 $0 $1,250,000 $0 $0 $0 $1,250,000 Baseline/Tamarind F3600038 No No 0.0% 0.0% $1,250,000 $0 $1,250,000 $0 $0 $0 $1,250,000 Beech/Valley F3600073 No No 0.0% 0.0% $1,250,000 $0 $1,250,000 $0 $0 $0 $1,250,000 Catawba/Fontana/Randall TS F3600047 No No 0.0% 0.0% $1,250,000 $0 $1,250,000 $0 $0 $0 $1,250,000 Cherry/Village TS F3600044 No No 0.0% 0.0% $1,250,000 $0 $0 $1,250,000 $0 $0 $1,250,000 Live Oak/Village TS F3600074 No No 0.0% 0.0% $1,250,000 $0 $0 $1,250,000 $0 $0 $1,250,000 Randall/Mango TS F3600075 No No 0.0% 0.0% $1,250,000 $0 $0 $1,250,000 $0 $0 $1,250,000 San Bernardino/Oleander TS F3600076 No No 0.0% 0.0% $1,250,000 $0 $0 $1,250,000 $0 $0 $1,250,000 Citywide Measure I Traffic Engineering Studies 24637507 No No 0.0% 0.0% $2,582,450 $516,490 $516,490 $516,490 $516,490 $516,490 $2,582,450 Citywide Measure I Customer Relations 24637013 No No 0.0% 0.0% $93,475 $18,695 $18,695 $18,695 $18,695 $18,695 $93,475 Citywide Measure I Street Lighting Related 24637509 No No 0.0% 0.0% $695,690 $139,138 $139,138 $139,138 $139,138 $139,138 $695,690 Citywide Measure I Street Striping Related 24637510 No No 0.0% 0.0% $418,675 $83,735 $83,735 $83,735 $83,735 $83,735 $418,675 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Fontana
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
Jurisdiction:

Hassnaa Rashad
909-350-7669
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030

175
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email: [email protected]
Fontana
Jurisdiction:

Hassnaa Rashad
909-350-7669
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030
Measure I 2010-2040 Local Cost Allocation 24637014 No No 0.0% 0.0% $2,251,100 $450,220 $450,220 $450,220 $450,220 $450,220 $2,251,100 Measure I 2010-2040 Local Vehicle Maintenance 24637512 No No 0.0% 0.0% $276,150 $55,230 $55,230 $55,230 $55,230 $55,230 $276,150 Citywide Measure I Street Related Activities / Traffic Studies 24637513 No No 0.0% 0.0% $1,650,650 $330,130 $330,130 $330,130 $330,130 $330,130 $1,650,650 Citywide Measure I System (Traffic Controller Cabs) 24637514 No No 0.0% 0.0% $1,820,705 $364,141 $364,141 $364,141 $364,141 $364,141 $1,820,705 Citywide Measure I System (Traffic Controller Equip) 24637515 No No 0.0% 0.0% $157,645 $31,529 $31,529 $31,529 $31,529 $31,529 $157,645 Citywide Measure I System (Traffic Signal Equip) 24637516 No No 0.0% 0.0% $2,214,515 $442,903 $442,903 $442,903 $442,903 $442,903 $2,214,515 Citywide Measure I System (Preventative Sig Maint) 24637517 No No 0.0% 0.0% $1,364,635 $272,927 $272,927 $272,927 $272,927 $272,927 $1,364,635 Citywide Measure I System (Traffic Signal Maint) 24637518 No No 0.0% 0.0% $7,555,815 $1,511,163 $1,511,163 $1,511,163 $1,511,163 $1,511,163 $7,555,815 Citywide Measure I Traffic-Related Signage 24637519 No No 0.0% 0.0% $161,350 $32,270 $32,270 $32,270 $32,270 $32,270 $161,350 Citywide Measure I Emergency Reserve Equipment 24637520 No No 0.0% 0.0% $606,840 $121,368 $121,368 $121,368 $121,368 $121,368 $606,840 Citywide Measure I Traffic Signal Maint Support 24637521 No No 0.0% 0.0% $34,050 $6,810 $6,810 $6,810 $6,810 $6,810 $34,050 Citywide Measure I Traffic Signal Installation Support 24637522 No No 0.0% 0.0% $34,050 $6,810 $6,810 $6,810 $6,810 $6,810 $34,050 Citywide Measure I Traffic Signal Communication Support 24637523 No No 0.0% 0.0% $27,800 $5,560 $5,560 $5,560 $5,560 $5,560 $27,800 Citywide Measure I Traffic Signal Modification/Upgrade 24637424 No No 0.0% 0.0% $34,100 $6,820 $6,820 $6,820 $6,820 $6,820 $34,100 Citywide Measure I Traffic Signal Timing Sync 24637425 No No 0.0% 0.0% $35,850 $7,170 $7,170 $7,170 $7,170 $7,170 $35,850 Citywide Measure I Traffic System Improvements 24637426 No No 0.0% 0.0% $35,700 $7,140 $7,140 $7,140 $7,140 $7,140 $35,700 $12,263,540 $10,660,249 $9,410,249 $4,410,249 $4,410,249 $41,154,536 Total Programming is currently 100% Total Estimated Programming: $41,154,536 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

176
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0381 Agenda Date: 7/22/2025
Agenda #: N. Category: Consent Calendar
FROM:

Housing
SUBJECT:

A Resolution of the City Council of the City Of Fontana, California, Approving Amendment No. 2 to the Professional Services Agreement Between the City of Fontana and Water of Life Community Church for Homelessness Services
RECOMMENDATION:

1. Adopt Resolution No. 2025-049, approving Amendment No. 2 to the Professional Services Agreement with Water of Life Community Church (“CityLink”),which provides for an extension of the agreement for an additional year, expands the scope of homelessness services, and increases the total consideration to Six Hundred Thousand Dollars ($600,000.00).

2. Authorize the City Manager to execute all future amendments to the agreement with CityLink for Homeless Services.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

The City of Fontana originally entered into a Professional Services Agreement (SP-86-HD-23) (“Agreement”) with Water of Life Community Church (CityLink) on June 27, 2023 to provide essential homelessness services to the residents of the City. Subsequently, on June 11, 2024, The City and CityLink entered into Amendment No. 1 to extend the initial term and adjust the contract amount.

CityLink currently provides critical homelessness services through various City-owned properties used for emergency, interim, and permanent housing, including the Bridge of Hope Emergency Shelter and Olive and Bennett (collectively, the "City Properties").

To ensure the continued provision and enhancement of these vital services, and to address the ongoing and evolving needs of the homeless population within the City of Fontana, staff is recommending the approval of Amendment No. 2 to the Agreement with CityLink.

This Amendment No. 2 specifically includes:

Agreement Extension: The term of the agreement will be extended for an additional year, providing continuity of services through June 30, 2026.

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File #: 25-0381 Agenda Date: 7/22/2025
Agenda #: N. Category: Consent Calendar
Expanded Scope of Services: The scope of services provided by CityLink will be expanded to allow for increased capacity and more comprehensive homelessness services. This expansion will enable CityLink to serve a greater number of individuals and address a broader range of challenges associated with homelessness in Fontana. The enhanced services will include: expanded case management and housing navigation support across all City Properties, increased staffing to support 24/7 operations at the Bridge of Hope Emergency Shelter, dedicated outreach and engagement services for individuals living in encampments or vehicles, coordination of wraparound services including mental health and substance use referrals, and assistance with obtaining critical documents and benefits. Additionally, CityLink will support program participants with move-in assistance and stabilization support as they transition from interim to permanent housing. These expanded services are designed to create a more seamless and effective system of care that moves individuals from crisis to housing stability.

Increased Consideration: In conjunction with the extended term and the expanded scope of services, the total consideration for the agreement will be increased to a sum not to exceed Six Hundred Thousand Dollars ($600,000.00).

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $600,000.00 and it is included with the FY25/26 Operating Budget in 10130000-8115.

MOTION:

Approve staff recommendation.

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178

RESOLUTION NO. 2025-049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF

FONTANA AND WATER OF LIFE COMMUNITY CHURCH FOR

HOMELESSNESS SERVICES
WHEREAS, on June 27, 2023, the City of Fontana (the “City”) entered into a Professional Services Agreement, SP -86-HD-23, (“Agreement”) with Water of Life Community Church (hereinafter "CityLink") to render essential Homelessness Services to the residents of the City of Fontana; and
WHEREAS, on June 11, 2024, the City and CityLink entered into Amendment No. 1 to the Agreement to extend the term of the agreement and adjust the contract amount; and
WHEREAS, CityLink continues to provide critical Homelessness Services at various City-owned properties utilized for emergency, interim, and permanent housing, including the Bridge of Hope Emergency Shelter and Olive and Bennett (collectively, the "City Properties"); and
WHEREAS, the City desires to ensure the continuity and enhancement of these vital services to address the ongoing needs of the homeless population within the City of Fontana; and
WHEREAS, the proposed Amendment No. 2 to the Agreement provides for an extension of t he agreement for an add itional year, expands the scope of services to provide for more homelessness services, and increases the total consideration to a sum not to exceed Six Hundred Thousand Dollars ($600,000.00); and WHEREAS, staff recommends approval of Amendment No. 2 as being in the best interest of the City and its residents.

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

Section 1. The aforementioned recitals are true, correct, and incorporated herein by this reference.

Section 2. City Council hereby approves Amendment No. 2 to the Agreement between the City and CityLink, which extends the term of the agreement for an additional year, expands the sc ope of services to provide for more homelessness services, and increases the total consideration to an amount not to excee d Six Hundred Thousand Dollars $600,000.00.
179

Resolution No. 2025-049

Section 3. The City Manager, or designee, is hereby authorized and directed to execute Amendment No. 2 to the Agreement on behalf of the City, and to take all actions necessary to implement this Resolution.

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 of the City of Fontana, hereby certify that the foregoing Resolution is the actual resolution that was duly and regularly adopted by the City Council of the City o f Fontana at a regular meeting 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 of the City of Fontana

180

AMENDMENT NO. 2

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF FONTANA
AND

WATER OF LIFE COMMUNITY CHURCH
SP-86-HD-23

1. Parties and Date.

This Amendment No. 2 to the Professional Services Agreement SP-86-HD-23 is made and entered into as o f this 1st day of July, 2025, by and between the City of Fontana a municipal corporation organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (hereinafter referred to as t he “City”) and Water of Life Community Church, a Non -Profit Organization with its principal place of business at 11418 Miller Ave, Suite K, Fontana CA 92336 (hereinafter referred to as the “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement SP -86-HD-23” dated June 27, 202 3 (“Agreement”) for the purpose of retaining t he services of Consultant to provide certain community services to the homeless population of the City of Fontana.

2.2 First Amendment to Agreement. The City and Consultant have entered into that Amendment No. 1 to the Agreement dated June 11, 2024 (“Amendment No. 1 ”) for the purpose of extending the term of the Agreement and increasing the contract amount to include the FY 2024- 2025 Emergency Solutions Grant amount.

2.3 Change in Funding Source and Removal of Federal Requirements. The Original Agreement, and Amendment No. 1, stipulated that funding for the Project was provided through the Emergency Solutions Grant program (“ESG Funds”) administered by the United States Department of Housing and Urban Development (“HUD”), subjecting the Project to vari ous federal ESG requirements. The City now desires to change the funding source for the Project from the Emergency Solutions Grant Program to the City’s General Fund, thereby removing all associated federal ESG requirements and ensuring the continued prov ision of vital services to the homeless population of the City of Fontana.

2.4 Compliance with Program Funding Requirements. When funding for Consultant’s services are provided, in whole or in part, by an agency of the federal government or the state government, Consultant shall also fully and adequately comply with the provisions included in the funding requirements as defined in said program’s guidelines and regulations. With respect to any conflict between such funding requirements and the terms of thi s Agreement and/or provisions of state law, the more stringent requirement shall control. 181

2.5 Compliance with Homeless Management Information System. Consultant must cooperate with the City to comply with all obligations for inputting and maintaining data into the Homeless Management Information System.

2.6 Compliance with Local Coordinated Entry System. All referrals to assisted units shall be made through the local Coordinated Entry System or other comparable prioritization system based on greatest need , and in accordance with protocols that are developed and implemented in accordance with the local Continuum of Care and program requirements.

2.7 Second Amendment to Agreement Purpose. The City and Consultant desire to amend the aforesaid Agreement (“A mendment No. 2”), to extend the term of the agreement, to change the primary funding source and amount provided by City, and to modify and expand the scope of services.

2.8 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment of Compensation Source and Amount . Section 2 of the Agreement , Compensation, is hereby amended in its entirety to read as follows:

2. Compensation. Consultant shall receive compensation from City ’s General Fund, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in “Exhibit A”, included in this Amendment No. 2 for tasks set forth in “Exhibit A ”. The total compensation for this agreement is as follows:

City General Funds: $600,000.00

3.2 Amendment of Term. Section 5 of the Agreement is hereby amended in its entirety to read as follows:

5. Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2026 , unless earlier terminated as provid ed herein. The Parties may, by mutual, written consent, extend the term of this Agreement to renew this Agreement annually for no more than two (2) additional one -year terms should funding to continue the Project be available. Consultant shall perform it s services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed.

3.3 Amendment of Scope of Work and Removal of ESG Requirements . Pursuant to Section 3 of t he Agreement, Additional Work, the Parties have engaged in informal consultations, and agree that a change is warranted in the Scope of Work. The agreed to Scope of Work, attache d as “Exhibit A ” and titled “CityLink Pathway to Housing Proposal ” dated June 5, 2025, is hereby incorporated into this Amendment No. 2. Subject to any ongoing obligations required for 182

compliance due to the receipt and prior expenditure of ESG Funds under the Agreement, as of the effective date of this Amendment No. 2 , all specifi c requirements, eligibility citations, matching requirements, reporting standards, and operational mandates solely and exclusively tied to the Emergency Solutions Grant Program (including, but not limited to, those referenced in 24 C.F.R. §576.103, §576.104, §576.201, and Section 7 and Exhibit C of the Original Agreement) are hereby explicitly removed and shall no longer apply to the services provided under this Agreement. As of the effective date of this Amendment , Exhibit "A" shall define the specific Ge neral Fund-supported services and operational parameters, superseding any conflicting ESG -specific programmatic language in the Original Agreement's Exhibit "A" , provided, however, that nothing in this Amendment No. 2 shall affect any ongoing obligations a rising from the prior expenditure of ESG Funds. Such amendment shall not render ineffective or invalidate unaffected portions of the Agreement. Nothing in this Amendment shall affect, modify, or relieve Consultant from any other funding requirements that are set forth in separate agreements with the City.

3.4 Continuing Effect of Agreement . Exc ept as amended by this Amendment No. 2, all other provisions of the aforementioned Professional Services Agreement remain in full force and effect. From and aft er the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.6 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

183

SIGNATURE PAGE TO
AMENDMENT NO. 2

TO THE CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager

WATER OF LIFE COMMUNITY CHURCH

By:

Jim Kensinger
Executive Director of Ministry Operations
Attest:

By:

Germaine McClellan Key
City Clerk

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Phillip Burum
Deputy City Manager

By: _____________________________
Valerie Gonzales
Housing Development Manager

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION

POLICIES/PROCEDURES

___________________________
Jessica Brown
Chief Financial Officer

___ ____
Sid Lambert
Purchasing Manager

184
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0383 Agenda Date: 7/22/2025
Agenda #: O. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Levy of a Special Tax in Community Facilities Districts (Maintenance) for Fiscal Year 2025-2026.

RECOMMENDATION:

Adopt Resolution No. 2025-050, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2025-2026.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

Community Facilities Districts (Maintenance) in various locations around the City were established for the purpose of funding annual landscape, lighting, and park maintenance within each District.

Pursuant to Government Code Section 53340, Ordinances have been adopted to levy a special tax at the rate and in the manner specified in each district Rate and Method of Apportionment. Each district Rate and Method of Apportionment has been approved and adopted by the City Council.

The proposed Fiscal Year 2025-2026 special tax rates are shown for each district in the Exhibit attached to the resolution. The proposed rates are the same rates assessed in the prior fiscal year with the exception of the following districts:
2024-2025 Current
Residential Rate
2025-2026
Proposed
Residential Rate
$ Increase % Increase
CFD # 6-1 $ 472.87 $ 520.16 47.29 10%
CFD # 8 $ 270.00 $ 297.00 27.00 10%
CFD # 9M $ 445.86 $ 490.44 44.58 10%
CFD # 10M $ 3,873.45 $ 4,260.79 387.34 10%
CFD # 13M $ 544.45 $ 598.90 54.45 10%
CFD # 14M $ 552.77 $ 608.05 55.27 10%
CFD # 15M $ 408.81 $ 449.69 40.88 10%
CFD # 16M $ 437.75 $ 481.53 43.78 10%
CFD # 20M $ 540.75 $ 594.83 54.08 10%
CFD # 23M $ 293.55 $ 322.91 29.36 10%
CFD # 25M $ 478.95 $ 526.85 47.90 10%
CFD # 27M $ 707.85 $ 778.64 70.79 10%
CFD # 28M $ 419.21 $ 461.13 41.92 10%
CFD # 29M $ 476.99 $ 524.69 47.70 10%
CFD # 33M $ 160.68 $ 176.75 16.07 10%
CFD # 35M $ 844.99 $ 929.49 84.50 10%
CFD # 36M $ 365.65 $ 402.22 36.57 10%
CFD # 39M $ 458.35 $ 504.19 45.84 10%
CFD # 42M $ 509.85 $ 560.84 50.99 10%
CFD # 44M $ 509.85 $ 560.84 50.99 10%
CFD # 45M $ 612.85 $ 674.14 61.29 10%
CFD # 47M $ 694.22 $ 763.64 69.42 10%
CFD # 49M $ 772.50 $ 849.75 77.25 10%
CFD # 50M $ 381.10 $ 419.21 38.11 10%
CFD # 51M $ 633.45 $ 696.80 63.35 10%
CFD # 54M $ 659.20 $ 725.12 65.92 10%
CFD # 57M $ 906.40 $ 997.04 90.64 10%
CFD # 69M $ 509.85 $ 535.34 25.49 5%
CFD # 72M $ 581.95 $ 640.15 58.20 10%
CFD # 76M $ 648.90 $ 713.79 64.89 10%
CFD # 78M $ 365.65 $ 402.22 36.57 10%
CFD # 93M $ 772.50 $ 849.75 77.25 10%
CFD # 96M $ 1,010.00 $ 1,030.20 20.20 2%
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File #: 25-0383 Agenda Date: 7/22/2025
Agenda #: O. Category: Consent Calendar
2024-2025 Current
Residential Rate
2025-2026
Proposed
Residential Rate
$ Increase % Increase
CFD # 6-1 $ 472.87 $ 520.16 47.29 10%
CFD # 8 $ 270.00 $ 297.00 27.00 10%
CFD # 9M $ 445.86 $ 490.44 44.58 10%
CFD # 10M $ 3,873.45 $ 4,260.79 387.34 10%
CFD # 13M $ 544.45 $ 598.90 54.45 10%
CFD # 14M $ 552.77 $ 608.05 55.27 10%
CFD # 15M $ 408.81 $ 449.69 40.88 10%
CFD # 16M $ 437.75 $ 481.53 43.78 10%
CFD # 20M $ 540.75 $ 594.83 54.08 10%
CFD # 23M $ 293.55 $ 322.91 29.36 10%
CFD # 25M $ 478.95 $ 526.85 47.90 10%
CFD # 27M $ 707.85 $ 778.64 70.79 10%
CFD # 28M $ 419.21 $ 461.13 41.92 10%
CFD # 29M $ 476.99 $ 524.69 47.70 10%
CFD # 33M $ 160.68 $ 176.75 16.07 10%
CFD # 35M $ 844.99 $ 929.49 84.50 10%
CFD # 36M $ 365.65 $ 402.22 36.57 10%
CFD # 39M $ 458.35 $ 504.19 45.84 10%
CFD # 42M $ 509.85 $ 560.84 50.99 10%
CFD # 44M $ 509.85 $ 560.84 50.99 10%
CFD # 45M $ 612.85 $ 674.14 61.29 10%
CFD # 47M $ 694.22 $ 763.64 69.42 10%
CFD # 49M $ 772.50 $ 849.75 77.25 10%
CFD # 50M $ 381.10 $ 419.21 38.11 10%
CFD # 51M $ 633.45 $ 696.80 63.35 10%
CFD # 54M $ 659.20 $ 725.12 65.92 10%
CFD # 57M $ 906.40 $ 997.04 90.64 10%
CFD # 69M $ 509.85 $ 535.34 25.49 5%
CFD # 72M $ 581.95 $ 640.15 58.20 10%
CFD # 76M $ 648.90 $ 713.79 64.89 10%
CFD # 78M $ 365.65 $ 402.22 36.57 10%
CFD # 93M $ 772.50 $ 849.75 77.25 10%
CFD # 96M $ 1,010.00 $ 1,030.20 20.20 2%
The special tax levied on each assessable parcel within each District is necessary to pay the costs and expenses of each District. A list of each parcel and the related specific tax for each parcel is available for viewing in the City Clerk's Office.

The Districts were established after the adoption of Proposition 218, and comply with its requirements because the Districts and the special taxes were approved by the consent of the property owners at the time each District was formed.

The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed Fiscal Year 2025-2026 special tax rates will generate approximately $6.45 million to fund annual landscape and lighting maintenance costs within each District.

MOTION:

Approve staff recommendation.

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186

RESOLUTION NO. 2025-

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

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN

THE CITY OF FONTANA MAINTENANCE COMMUNITY FACILITIES
DISTRICTS 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 special taxes in the maintenance community facilities districts identified in Exhibit “A” attached hereto and incorporated herein by this reference, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); 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 special taxes to pay for the maintenance of authorized improvements and facilities and other costs and expenses related to said community facilities districts, and the City Council desires to establish the specific rate of the special taxes to be levied and collected with the community facilities districts identified on Exhibit “A” 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 and that all legal prerequisites to the adoption of this Resolution have been duly and regularly taken.

SECTION 2. The specific rate and amount of the special tax to be collected for Fiscal Year 2025-2026 for the community facilities districts identified in Exhibit “A” is hereby determined and established as set forth in Exhibit “A” attached hereto. Said special taxes shall be and are hereby levied for Fiscal Year 2025-2026 on all parcels of real property that are subject to taxation within each community facilities district identified on Exhibit “A” and in the amount set forth for each such parcel on file with the City Clerk.

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.

SECTION 4. The proceeds of the Special Tax shall be used to pay the costs of maintenance of authorized facilities and improvements for each community facilities district and for payment of administrative expenses incurred in connection with the levy and collection of said Special Taxes.

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Resolution No. 2025-