Fontana City Council
February 24, 2026

Tuesday, February 24, 2026
2:00 PM
City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1984 Reso. No. 2026-008
Steelworkers' Auditorium
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda February 24, 2026 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Steelworkers' Auditorium 8437 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 Steelworkers' Auditorium 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 Steelworkers' Auditorium. All bags are subject to search. Face masks are prohibited in the Steelworkers' Auditorium, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Steelworkers' Auditorium, 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. 1:30 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN ’s: 1100-111-51-0000, 1100-091-71-0000,
0232-20-113-0000
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Mark Nuami, Water of Life Church
Under Negotiation: Price and Terms of payment
26-0816
CALL TO ORDER/ROLL CALL:

2 City Council Meeting Regular Agenda February 24, 2026 A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. Mayor Warren and City Council to recognize Public Works & Engineering 2025 Employees of the year.
26-0814
B. Mayor Warren and City Council to recognize Officer, Mario Martinez and Dispatch Manager Jennifer Schlotterbeck as 2025 Employees of the year.
26-0813
C. Mayor Warren and City Council to recognize Fontana Police Corporal Katie Clark.
26-0815
PUBLIC COMMUNICATIONS:

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

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 26-0812
Approve the minutes of the February 10, 2026, Regular City Council Meeting.

Attachment No. 1- City Council Meeting Minutes
02-10-2026.pdf
Attachments:

B. Adoption of Ordinance No. 1982 (Second Reading) ,
Amending Section 30 Of The City Of Fontana Municipal
26-0817

3 City Council Meeting Regular Agenda February 24, 2026 Code Relating To Emergency Shelter Overlay Development
Standards And Operating Regulations And Applying The
Overlay On The Property At 11109 Jasmine Street And
Finding The Action To Be Categorically Exempt From
CEQA Under CEQA Sections 15060(C), 15378, and
15061(B)3).

Conduct a second reading by title only and adopt Ordinance No. 1982, amending Section 30-622 and Division 7 of Article XI of the Fontana Municipal Modifying Development Standards and Operating Regulations for the Emergency Shelter Overlay and applying the Overlay on the Property at 11109 Jasmine Street, pursuant to a Categorical Exemption in Accordance with CEQA Guidelines Sections 15060(C), 15378, and 15061(B)(3) and directing staff to file a Notice of Exemption.

Attachment No. 1-Ord 1982.docxAttachments:

C. Adoption of Ordinance No. 1983 (Second Reading) ,
amending Section 30-467 of the Fontana Municipal Code
regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in State law; and pursuant to a statutory exemption from CEQA Under
Section 21080.17 of the Public Resources Code.
26-0818
Conduct a second reading by title only and adopt, Ordinance No. 1983, approving Municipal Code Amendment No. 25-011 to amend Section No. 30-467 of the City of Fontana Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the action to be Statutorily Exempt from CEQA under Public Resources Code § 21080.17.

Attachment No. 1- Ord 1983.docxAttachments:

D. Approve Amendment No. 1 to Professional Services
Agreement with Kimley-Horn and Associates, Inc. for the Pickleball Courts at Seville Park Project (DE-24-138-SP) 26-0719

1. Approve and authorize the City Manager to enter into Amendment No. 1 to Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Pickleball Courts at Seville Park Project (DE-24-138-SP) in the amount of $154,800.00 for a total contract amount of $360,475.

2. Approve and authorize the City Manager to enter into any future individual Professional Services Agreement Amendments with Kimley-Horn and Associates, Inc ., not exceeding $36,000 for the Pickleball Courts at Seville Park Project (DE-24-138-SP).

Attachment No. 1- Vicinity Map
Attachment No. 2-Amendment No. 1
Attachment No. 3-Exhibit A Scope and Fee of Services
Attachments:

4 City Council Meeting Regular Agenda February 24, 2026 E. American Rescue Plan Act Expenditure Plan Quarterly
Report
26-0763
Receive and file the American Rescue Plan Act (ARPA) Expenditure Plan quarterly report.

Attachment No. 1- .pdf
Attachment No. 2- .pdf
Attachments:

F. Approval of a Purchase Order with Complete Paperless Solutions for the Digitization of Microfiche /Microfilm police reports and photographs.
26-0769

1. Authorize the Purchasing Department to utilize the RFP 2024-16 contract awarded by the City of Menifee for document scanning services per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal; and

2. Approve a Purchase Order with Complete Paperless Solutions in the amount of $163,000 for the digitization and conversion of approximately 15,000 microfiche/microfilm police reports and photographs; and

3. Authorize the City Manager, or designee, to execute all related documents and take any actions necessary to carry out the intent of this approval.

Attachment No. 1 - Fontana Microfiche Scanning Services Proposal.pdf
Attachment No. 2 - Menifee PSA Complete Paperless
Solutions.pdf
Backfile Scanning Police Fiche and Film.pdf
Attachments:

G. Approve the Sole-Source purchase with Motorola Solutions for the upgrade, installation, and service agreement of the License Plate Camera Project.
26-0770

1. Authorize procurement of the Automated License Plate Reader (ALPR) from Motorola Solutions utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Single Source/Sole Source.

2. Approve the purchase of the Motorola Solutions upgrade, installation, and service agreement for the ALPR in the amount of $1,052,673.97.

3. Approve and authorize the City Manager to approve the purchase and agreement with Motorola Solutions and any necessary change orders to complete the project not to exceed 10% of the award amount.

Attachment No. 1- QUOTE-3448566-4.pdf
Motorola - LPR.pdf
Attachments:

5 City Council Meeting Regular Agenda February 24, 2026 H. Acceptance of Final Map for Tract No. 20568 26-0777

1. Approve the Final Map for Tract No. 20568, located on the east side of Live Oak Avenue and south of Village Drive.

2. Accept dedication of public streets and easements.

3. Accept dedication of Lot A, in fee, for open space, drainage and landscape purposes.

4. Authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

Attachment No. 1- TRACT 20568 - VICINITY MAP.pdf
Attachment No. 2- TRACT 20568 - SUBDIVISION
IMPROVEMENT AGREEMENT WITH BONDS.pdf
Attachment No. 3- TRACT 20568 - FINAL MAP.pdf
Attachments:

I. Summary Vacation of Excess Right-of-Way Along Old Live Oak Avenue
26-0778
Adopt Resolution No. 2026-008, to summarily vacate excess right-of-way along Old Live Oak Avenue pursuant to an adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) and direct staff to file a Notice of Determination.

Attachment No. 1- Resolution of Summary Vacation.docx
Attachment No. 2- EXHIBIT A & EXHIBIT B.pdf
Attachment No. 3- VICINITY MAP.pdf
Attachments:

J. Approval of Easement and Maintenance Agreement with
KB HOME Cal Management Services LLC
26-0789
Adopt Resolution No. 2026-009, approving an easement and maintenance agreement between the City of Fontana and KB HOME Cal Management Services LLC.

Attachment No. 1 - Reso 2026-009.docx
Attachment No. 3 - Vicinity Map.pdf
Attachments:

K. Award a Contract for the Jessie Turner Center Indoor Basketball Court Replacement Project (PW-26-105-SB)
26-0797
Award and Authorize the City Manager to enter into a contract with McWil Sports Surfaces Inc. of Gardena, CA. in the amount of $355,395.00 for the Jessie Turner Center Indoor Basketball Court Replacement and authorize a contingency (10%) in the amount of $35,539.50.

Attachment No. 1- Notified Vendors.pdf
Attachment No. 2- McWill Sport Surfaces Bidders Details.pdf Attachment No. 3- Summary Bid Results -
PW-26-105-SB.pdf
Attachments:

6 City Council Meeting Regular Agenda February 24, 2026 L. Award Bid PD- 26-49-SP to Winbourne Consulting, Inc. to Provide Consulting Services for Fontana Police CAD /RMS System Selection.
26-0799

1. Award bid (PD-26-49-SP) and authorize the City Manager, or designee, to execute all related documents and take any actions necessary to carry out the Fontana Police CAD/RMS System Selection.

2. Authorize the Purchasing Department to approve a Purchase Order with Winbourne Consulting, Inc. in the amount of $ 234,550.

Attachment No. 1- Winbourne Consulting Inc.pdfAttachments:

M. Award a Construction Contract for the FY 2025-2026
Citywide Pavement Rehabilitation Project (DE-26-95-SB)
26-0781

1. Award bid and authorize the City Manager to execute a construction contract with Calmex Engineering, Inc. for the construction of the FY 2025 -2026 Citywide Pavement Rehabilitation Project in the amount of $3,979,068.10, and authorize a 10% contingency in the amount of $397,906.81 (DE-26-95-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the FY 2025-2026 Citywide Pavement Rehabilitation Project.

Attachment No. 1- Bid Summary.pdf
Attachment No. 2- Bid Results 25-26 Citywide Pavement
Rehab.pdf
Attachment No. 3- Hunter's Ridge Central Map 1 Rev.pdf
Attachment No. 4- Hunter's Ridge Central Map 2 Rev.pdf
Attachment No. 5- Hunter's Ridge South Map Rev.pdf
Attachment No. 6- Grid 48 Residential Collectors Map.pdf Attachment No. 7- Grid 26 Map Rev #2 12.2.25.pdf
Attachment No. 8- Notified Vendors.pdf
Attachments:

N. Award a Professional Services Agreement for the
development and implementation of an ADA
Self-Evaluation and Transition Plan for City owned facilities 26-0819

1. Award and authorize the City Manager to enter into a Professional Services Agreement with Sally Swanson Architects Inc. for the development and implementation of an ADA Self-Evaluation and Transition Plan for City owned facilities the amount of $197,300.00 (Request for Proposals BS-26-61-SP).

2. Approve and Authorize the City Manager to enter into any future

7 City Council Meeting Regular Agenda February 24, 2026 amendments not to exceed 10% contingency in the amount of $19,730.00.

Attachment No. 1- Evaluation Summary BS-26-61-SP_.pdf
Attachment No. 2- Sally Swanson Agreement.pdf
Attachments:

O. Purchase and Sale Agreement for City owned property- 11109 Jasmine Street
26-0826

1. Adopt Resolution No. 2026-010, approving the Purchase and Sale Agreement with the County of San Bernardino, for city owned land located at 11109 Jasmine Street more specifically described as APN 0238-111-53.

2. Approve and Authorize the City Manager, or City Manager’s designee, to enter into any required documents, including non-material amendments to the Purchase and Sale Agreement, required to effectuate said approvals and/or agreement.

Attachment No. 1- Navigation center Resolution Shelter
Acquisition Agreements-c1.docx
Attachment No. 2- CON-RESD-CDH-PSA City of Fontana
Navigator-c1.docx
Attachments:

P. San Bernardino Council of Governments (SBCOG)
Membership Dues
26-0834
Approve Fiscal Year 2025/2026 General Assessment Membership Dues and all future SBCOG dues according to the JPA Agreement.

Attachment No. 1- FY2025-26 GA DUES - Fontana
26-08.pdf
Attachments:

NEW BUSINESS:

A. New Business
A. Fiscal Year 2025-26 Midyear Budget Status Report 26-0793

1. Approve the recommended Fiscal Year 2025-26 Midyear Budget and Fund Balance adjustments and organizational changes.

2. Adopt Resolution No. 2026-011, of the City Council of the City of Fontana, California, approving the updated salary table for the Teamsters Local 1932, City Hall Unit.

Attachment No. 1- Reso 2026-011.pdf
Attachment No. 2- Fiscal Year 2025-26 Midyear Budget
Status Report - CITY.pdf
Attachments:

8 City Council Meeting Regular Agenda February 24, 2026 B. Ordinance of the City Council of the City of Fontana, California Rescinding and Replacing Articles I Through VIII of Chapter 23 of the Fontana Municipal Code Regarding
Sewers and Sewage Disposal
26-0810
Waive full reading and introduce for first reading by title only Ordinance No. 1984, Ordinance of the City Council of the City of Fontana, California rescinding and replacing Articles I through VIII of Chapter 23 of the Fontana Municipal Code Regarding Sewers and Sewage Disposal.

Attachment No. 1- Ordinance - Articles I through VIII of Chapter 23 FMC Sewers and Sewage Disposal.docx
Attachment No. 2- Revised Chapter 23 - Sewers and
Sewage Disposal - bbk edits 2.6.26 - clean-c1 MA 02.10.26 - bbk edits 2.11.26-c1.docx
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 March 10, 2026 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

9 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0816 Agenda Date: 2/24/2026
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, February 24, 2026
1:30 P.M.

Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 2/18/2026Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0814 Agenda Date: 2/24/2026
Agenda #: A. Category: Special Presentation
Ceremonial Item
Tuesday, February 24, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
City of Fontana Printed on 2/19/2026Page 1 of 2
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11 File #: 26-0814 Agenda Date: 2/24/2026
Agenda #: A. Category: Special Presentation
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12 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0813 Agenda Date: 2/24/2026
Agenda #: B. Category: Special Presentation
Ceremonial Item
Tuesday, February 24, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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13 File #: 26-0813 Agenda Date: 2/24/2026
Agenda #: B. Category: Special Presentation
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14 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0815 Agenda Date: 2/24/2026
Agenda #: C. Category: Special Presentation
Ceremonial Item
Tuesday, February 24, 2026
Steelworkers’ Auditorium
City Council
Acquanetta Warren, Mayor
Phillip W. Cothran. Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Peter Garcia, Council Member
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Agenda #: C. Category: Special Presentation
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16 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0812 Agenda Date: 2/24/2026
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the February 10, 2026, Regular City Council Meeting.

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

DISCUSSION:

The City Council will consider approval of the minutes of the February 10, 2026, 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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17

City of Fontana

8437 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, February 10, 2026

2:00 PM

Steelworkers' Auditorium

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

18

CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held at the Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, February 10, 2026.

Mayor Warren called the meeting to order at 1:32 p.m. with all members of the City Council present except for Council Member Cothran.

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

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: 15166 Foothill Blvd.

City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Aldea F ontana Foothill, LLC
Under Negotiation: Price and Terms of payment

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 Steelworkers’ Auditorium , 8437 Sierra Avenue, Fontana, CA 92335, on Tuesday, February 10, 2026.

Mayor Warren called the Regular City Council Meeting to order at 2:05 p.m.

ROLL CALL:

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

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

ABSENT: Council Member Cothran,

INVOCATION/PLEDGE OF ALLEGIANCE:

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

19

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/CEREMONIAL ITEMS:

A. Special Presentations/Ceremonial Items

A. 26-0775 Mayor Warren and City Council to swear in new Fontana Police Officers, Arturo Guzman, Javier Guzman, Benjamin Renteria, and Jacob Velazquez.

Mayor Warren and the City Council swore- in in new Fontana Polic e Officers, Arturo Guzman, Javier Guzman, Benjamin Renteria, and Jacob Velazquez.

B. 26-0776 Mayor Warren and City Council to recognize Police Administrative Analyst II Carynn Monto and Administrative Technician Taryn Sandford as November & December 2025 Employees of the month.

Mayor Warren and the City Council recognized Police Administrative Analyst II Carynn Monto and Administrative Technician Taryn Sandford as the November and December 2025 Employees of the month.

C. 26 -0780 Mayor Warren and City Cou ncil to recognize the Pop Warner Football Coaches for recent National Championship Win.

Mayor Warren and the City Council recognized the Pop Warner Football Coaches for their recent National Championship Win.

D. 26-0741 San Antonio Hospital Healthcare Update

Heather Gray, Chief Marketing & Communications Officer for San Antonio Hospital, provided a healthcare update of the hospital and discussed regional challenges and local initiatives in San Bernardino County.

In response to Council Member Sandoval’s inquiry, Ms. Gray clarified that the hospital is not closing its maternity unit but instead is expanding services. She explained that other hospi tals are closing maternity units due to financial losses, as maternity services typically operate at a deficit and are often the first services reduced when hospitals face financial strain. San Antonio Regional Hospital’s leadership views maternity care as a long-term investment in community health and anticipates serving patients affected by regional closures, noting the hospital’s central location near the 210 Freeway in Upland.

E. 25-0651 Annual Housing Department Report Presentation.

Housing Manager Valerie Gonzales provided an overview of the Housing Department's 20

funding, programs, outcomes, and partnerships, as well as our priorities moving into 2026.

Mayor Warren thanked Housing Department Manager Gonzales for the report.

Council Member Sandoval expressed appreciation for supporting the senior scholarship program and acknowledged its positive impact in helping seniors participate in activities and access the Senior Center.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Pastor Reegis Richard of The Joshua Center Church shared that he and his congregation have strong ties to Fontana and expressed their desire to relocate their church from Rancho Cucamonga to the City of Fontana. He thanked the Council and conveyed appreciation for the community.

Jeff Larson thanked the Police Department, specifically Captain Brian Bi nks and Lieutenant Matt Kraut, for increased neighborhood support, and raised concerns about traffic congestion from new developments in Area 2, suggesting infrastructure improvements to help ease traffic.

Adda representing her HOA, requested City enforcement of parking regulations for semi-trucks within their gated community, citing safety and roadway concerns and questioning why the City maintains the streets but does not enforce parking codes.

Grace discussed concerns with ICE activity in Fontana. Also asked about Consent Calendar Item F and asked for clarification on how the schools were selected. Also discussed concerns with ADA access at Maple Elementary. For Item G, she asked what the city would be doing with the surplus property.

Danielle Holley, Executive Director of the Fontana Chamber of Commerce provided a quarterly update highlighting community and business initiatives, including participation in local events, a successful job fair, chamber luncheons, ribbon cuttings, seminars, and networking meetings.

She noted 29 new businesses joined the chamber last quarter and thanked the City for its ongoing partnership.

CONSENT CALENDAR:

Prior to the motion, Council Member Sandoval requested that Items F, G, and I be pulled for discussion.

Item F:

City Manager Matthew Ballantyne provided the staff report. 21

Item G:

City Manager Ballantyne provided the staff report.

Item I:

City Manager Ballantyne provided the staff report.

Council Member Sandoval and City Manager Ballantyne discussed a business license issue, confirming that the business will pay the $25,000 license fee while requesting a waiver of the accrued $25,000 in penalties.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 4- 0 to approve Consent Calendar Items “A-K” with Council Member Sandoval voting No on Item “ I.” The motion carried by the following vote: AYES: Warren, Garcia , Roberts, and Sandoval; NOES: None; ABSTAIN:

None; ABSENT: Cothran

A. Approval of Minutes 26-0772
Approve the minutes of the January 13, 2026, Regular City Council Meeting.

B. Award of Contracts for Biohazard Remediation Services for the 26-0744 Police Department

1. Award bid (PD-26-38-SP) and authorize the City Manager to enter into a contract with the top two rated Biohazard Remediation Service companies and Bio-SoCal and Emergency Response, for one year with the option to renew four additional years.

2. Authorize the City Manager to enter into any and all contract amendments on behalf of the City of Fontana for Biohazard Remediation Services.

C. Police Department Donations July - December 2025 26-0750 Accept monetary and gift donations from multiple donors including community programs, business, and citizens.

D. Approve Purchase of Dell Server Hardware 26-0752

1. Authorize the Purchasing Office to procure server hardware utilizing the Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.

2. Authorize the Purchasing Office to use the National Association of State Procurement Officials (NASPO) contract 7-23-70-55-01 to purchase three Dell server systems from authorized reseller Sidepath of Laguna Hills, CA. 22

E. Award Bid for Auto Body Repair Services PW-26-67-SB 26-0761 Award bid and authorize the City Manager to enter into a contract with Inland Body and Paint Center, ProColor Collisions, and Gerber Collision Center, for autobody services (PW-26-27-SB), for a period of two (2) years, renewable for three (3) additional one (1) year increments at the City’s sole discretion.

F. Accept the 2025 TDA Article 3 Grant Awards for the Randall 26-0768 Pepper (O'Day Short) Elementary Safe Routes to School
Sidewalk Gap Closure Project, Ted J. Porter Elementary Safe Routes to School Sidewalk Gap Closure Project, Fontana
Middle School Safe Routes to School Sidewalk Gap Closure Project, and Citywide Transit Stop Improvements Project

1. Accept the 2025 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Randall Pepper (O'Day Short) Elementary Safe Routes to School (SRTS) Sidewalk Gap Closure Project in the amount of $250,000.

2. Accept the 2025 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Ted J. Porter Elementary Safe Routes to School (SRTS) Sidewalk Gap Closure Project in the amount of $250,000.

3. Accept the 2025 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Fontana Middle School Safe Routes to School (SRTS) Sidewalk Gap Closure Project in the amount of $475,000.

4. Accept the 2025 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Citywide Transit Stop Improvements Project in the amount of $149,400.

5. Adopt Resolution No. 2026-002, a Resolution of the City Council of the City of Fontana, authorizing the submittal of Claim Forms and Reimbursement Request Forms, and designating the City Engineer to certify project completions for the Randall Pepper (O'Day Short) Elementary Safe Routes to School (SRTS) Sidewalk Gap Closure Project, Ted J. Porter Elementary Safe Routes to School (SRTS) Sidewalk Gap Closure Project, Fontana Middle School Safe Routes to School (S RTS) Sidewalk Gap Closure Project, and the Citywide Transit Stop Improvements Project related to TDA Article 3 Grant Awards.

G. Adopt Resolution No. 2026-003, Declaring that City owned real 26-0785 property identified with Assessor’s Parcel Numbers
0228-051-14-0000 and 0228-051-15-0000 (collectively the “Property”) as exempt surplus land pursuant to the Surplus 23

Land Act, Government Code section 54220, et seq.; authorizing the City Manager and his designee(s) to take all actions necessary to comply with the Surplus Land Act pursuant to State California Environmental Quality Act (“CEQA”) Guidelines section 15312; and Authorize the City Manager to enter into a Purchase and Sale Agreement regarding the Property,
conditioned on compliance with CEQA pursuant to CEQA
Guidelines section 15004(b)(2); and directing staff to issue a notice of exemption.

1. Adopt Resolution No. 2026-003, Declaring that City owned real property identified with Assessor’s Parcel Numbers 0228-051-14-0000 and 0228- 051-15-0000 (collectively the “Property”) as exempt surplus land as exempt surplus land pursuant to the Surplus Land Act, Government Code section 54220, et seq.; and authorize the City Manager and his designee(s) to take all actions necessary to comply with the Surplus Land Act pursuant to State California Environmental Quality Act (“CEQA”) Guidelines section 15312.

2. Authorize the City Manager to enter into a Purchase and Sale Agreement regarding the Property, conditioned on compliance with CEQA pursuant to CEQA Guidelines section 15004(b)(2); and directing staff to issue a notice of exemption.

H. Temporary Exemption from Municipal Code Section 20-43 43 26-0790 and Purchasing Policy Section 7.0 Surplus Property to Allow Disposal of Surplus City Property at City Hall Prior to Demolition Approve a temporary exemption to Municipal Code Section 20-43 and Purchasing Policy Section 7.0 Surplus Property for the limited purpose of allowing the City Manager to dispose of surplus city property from City Hall in a cost-effective manner prior to demolition, including permitting City employees and members of the public to acquire certain items for reuse at no cost or nominal consideration.

I. Proposed Business License Penalty Fee Waiver for The Previti 26-0792 Group
Consider proposal to waive delinquency fee

J. A Resolution of the City Council of the City of Fontana 26-0804 Approving A Development Impact Fee Deferral Agreement
Between the City of Fontana and SA Golden Investments Inc. for a Multi-Family Residential Housing Apartment Complex Project and Authorizing the City Manager to enter into the Agreement and take certain actions to complete the transaction.

Adopt Resolution No. 2026-004, Approving a Development Impact Fee Deferral Agreement Between the City of Fontana and SA Golden Investments Inc. for a Multi-Family Residential Housing Apartment Complex Project and Authorizing the City Manager to enter into the Agreement and take certain actions to complete the transaction.
24

K. Adopt Resolution and Authorize the City Manager to Award a 26-0801 Contract to Gentry General Engineering for Emergency Storm Drain Repair Work along Valley Boulevard

1. Adopt Resolution No. 2026-007, a resolution of the City Council of the City of Fontana, recognizing that certain conditions exist in the storm drain system along Valley Boulevard requiring emergency repair work. This resolution is made in accordance with Fontana City Code Section 10-147(6).

2. Authorize the City Manager, or his designee, to execute a contract with Gentry General Engineering in the amount of $258,472.00 with a 10% contingency in the amount of $25,847.00 for the performance of emergency storm drain repair work along Valley Boulevard.

PUBLIC HEARINGS:

A. Master Case (MCN) No. 25-0078 and Municipal Code 26-0713 Amendment (MCA) No. 25-0010: A request to amend Section 30 of the Fontana Municipal Code Regarding Emergency
Shelter Overlay development standards and operating
regulations and to incorporate property located at 11109 Jasmine Street into the overlay, pursuant to a categorical exemption from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Sections
15060(c), 15378, and 15061(B)(3).

Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and10.59 of the 2019 Local Guidelines for Implementing CEQA.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1982 entitled: “An Ordinance Of The City Council Of The City Of Fontana Amending Section 30 Of The City Of Fontana Municipal Code Relating To Emergency Shelter Overlay Development Standards And Operating Regulations And Applying The Overlay On The Property At 11109 Jasmine Street And Finding The Action To Be Categorically Exempt From CEQA Under CEQA Sections 15060(C), 15378, and 15061(B)3).”

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

Associate Planner Cecily Session-Goins provided the staff report. 25

Council Member Sandoval asked about limits on walk -in services, including whether they would be hourly, daily, or weekly.

Associate Planner Session- Goins clarified that walk -in services would be fully limited and replaced with a referral system for emergency shelters.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by vote of 4-0 to approve Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran

B. Master Case (MCN) No. 25-0080 and Municipal Code 26-0715 Amendment (MCA) No. 25-0011: A request to amend Section 30-467 of the Fontana Municipal Code regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in State law; and pursuant to a statutory exemption from CEQA Under Section 21080.17 of the Public Resources Code.

Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1983 entitled: “An Ordinance of The City Council Of The City Of Fontana Amending Section 30-467 Of The City Of Fontana Municipal Code Relating To Accessory Dwelling Units and Junior Accessory Dwelling Units and Pursuant to a Statutory Exemption Under CEQA Under Public Resources Code § 21080.17.”

Mayor Warren opened the public hearing.

Chief Deputy City Clerk Christina Rudsell stated no written communications were received.

Associate Planner Session-Goins provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by vote of 3-1 to approve Public Hearing Item “ B.” The motion carried by the following vote: AYES: Warren, Garcia, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Cothran

26

C. Appeal No. 25-0002: Request to overturn the Planning 26-0722 Commission’s August 19, 2025 decision adopting a Categorical Exemption per Section 15332 (Class No. 32) and approving Conditional Use Permit No. 24-0022, and Design Review No. 23-0024 for the development of a mixed use project (163 multi-family units and 5,000 square feet of commercial retail) within the R-5 zoning district that includes a five -story 83,125 square foot mixed-use building and associate improvements, on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue and identified as Assessor Parcel Numbers 1110-331-13 and 1110-331-25.

Deny Appeal No. 25-0002, thereby upholding the Planning Commission’s decision on August 19, 2025, approving, pursuant to a categorical exemption under California Environmental Quality Act (CEQA) Section No. 15332 (Class No. 32. Infill Development), Conditional Use Permit No. 24-0022 and Design Review No. 23-0024 for the development of a five-story mixed-use project including 163 multi-family units and 5,000 square feet of commercial retail within the R-5 zoning district and for the site and architectural review of a five-story 83,125 square foot mixed-use building and associated improvements on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue (APN Nos.: 1110-331-13 and 1110-331-25).

Mayor Warren opened the public hearing.

City Clerk Key stated no written communications were received.

Senior Planner Salvador Quintanilla provided the staff report.

The following individuals spoke in opposition of this item:

1. Hayley Uno

2. Mike Mahmoudi

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by vote of 3-1 to approve Public Hearing Item “ C.” The motion carried by the following vote: AYES: Warren, Garcia, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Cothran

D. Quarterly Lien Action for Delinquent Sewer, Solid Waste and 26-0779 Weed Abatement Accounts

1. Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent, solid waste accounts more than ninety days delinquent, and for properties with delinquent weed abatement charges outstanding as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.

27

2. Adopt Resolution No. 2026-005, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.

3. Adopt Resolution No. 2026-006, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

Deputy Finance Officer Marlene Galvan provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.

ACTION: Motion was made by Mayor Pro Tem Garcia , seconded by Council Member Sandoval, and passed unanimously by vote of 4 -0 to approve Public Hearing Item “ D.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran

NEW BUSINESS:

A. New Business
A. Annual Comprehensive Financial Report for Fiscal Year Ended 26-0762 June 30, 2025.

Receive and File the City of Fontana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2025.

Ralph Alfaro of Eide Bail ly and Deputy Finance Officer Marlene Galvan provided the staff report.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Sandoval, and passed unanimously by vote of 4 -0 to approve New Business Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

No City Manager Communications were received.

28

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Discussion Regarding Appointment of an Alternate Member 26 -0802 to the Fontana Industrial Development Authority.

ACTION: Motion was made by Council Member Sandoval , seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 4 -0 to make the following appointment as follows:

- Appoint John Roberts as Vice-Chair of the Fontana Industrial Development Authority for a term of one-year.

The motion ca rried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran

ELECTED OFFICIALS COMMUNICATIONS/REPORTS - CONTINUED:

City Treasurer Koehler-Brooks thanked the Finance Department for their hard work and encouraged them to continue their efforts.

City Clerk Key congratulated the Police Department Employees of the Month and thanked them for their dedication. She also expressed appreciation for the report from San Antonio Regional Hospital , noting her interest in efforts to improve maternal and infant health. She concluded by wishing her grandson Jayden a happy 18th birthday.

Council Member Roberts congratulated the new police officers and commended the Fontana Police Department for their excellent work. He also wished everyone a happy Valentine’s Day.

Council Member Sandoval congratulated the newly hired police officers and noted that additional recruitment efforts are ongoing to fill remaining vacancies with highly qualified candidates. He expressed pride in the department’s commitment to addressing crime in the community. He also offered words of gratitude and wished his wife a happy Valentine’s Day.

Mayor Pro Tem Garcia congratulated the Finance Department for their continued strong performance and for helping maintain the City’s solid financial position. He also thanked the project applicant for the proposed multi -story residential development at Foothill and Sultana, noting it will enhance the area and pr ovide additional housing opportunities. Additionally, he congratulated the newly sworn- in officers and welcomed them to the Fontana Police Department, highlighting the department’s reputation as a great place to serve.

Mayor Warren thanked City staff and volunteers for their participation in the recent Point-in-Time count of the homeless population, noting the effort helps secure resources to address homelessness in Fontana and the region. She also reported attending the United States Conference of Mayors as Chair of the Women Mayors Alliance, focusing on workforce initiatives for women, especially women of color impacted by COVID. Additionally, she 29

highlighted the Fontana Chamber retreat and encouraged the public to visit the City’s website for transparent updates on programs, events, and services for the community.

PUBLIC COMMUNICATIONS - CONTINUED:

Phil Walls of the Small Business Administration (SBA) announced the availability of low-interest disaster loans related to the December storms, outlined eli gibility and deadlines, and requested the City’s assistance in sharing information with the community.

Pastor Reegis Richard of The Joshua Center Church, announced the purchase of property at 16020 Foothill Boulevard and shared that preliminary and full development plans have been submitted to the City for renovations. He expressed excitement about establishing the church in Fontana and stated their commitm ent to serving the community and supporting local families.

ADJOURNMENT:

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

1. Herbert Granderson

2. Denzel Puerto

3. Grant Ward

4. Rosie L. Williamson

Mayor Warren adjourned the meeting at 4:28 p.m. to the Regular City Council Meet ing on Tuesday, February 24, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California.

_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON FEBRUARY 24, 2026.

_______________________
Germaine Key
City Clerk

30 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0817 Agenda Date: 2/24/2026
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1982 (Second Reading), Amending Section 30 Of the City Of Fontana Municipal Code Relating To Emergency Shelter Overlay Development Standards And Operating Regulations And Applying The Overlay On The Property At 11109 Jasmine Street And Finding The Action To Be Categorically Exempt From CEQA Under CEQA Sections 15060(C), 15378, and 15061 (B)3).

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1982, amending Section 30-622 and Division 7 of Article XI of the Fontana Municipal Modifying Development Standards and Operating Regulations for the Emergency Shelter Overlay and applying the Overlay on the Property at 11109 Jasmine Street, pursuant to a Categorical Exemption in Accordance with CEQA Guidelines Sections 15060(C), 15378, and 15061(B)(3) and directing staff to file a Notice of Exemption. ..End
COUCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

Ordinance No. 1982 was introduced by a vote of 4-0 at the February 10 2026, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/18/2026Page 1 of 1
powered by Legistar™
31

ORDINANCE NO. 1982

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTION 30-622 A N D D I V I S I O N 7 O F

A R T I C L E X I OF THE FONTANA MUNICIPAL MODIFYING

DEVELOPMENT STANDARDS AND OPERATING REGULATIONS FOR

THE EMERGENCY SHELTER OVERLAY AND APPLYING THE
OVERLAY ON THE PROPERTY AT 11109 JASMINE STRE ET,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE
WITH CEQA GUIDELINES SECTIONS 15060(C), 15378, AND
15061(B)(3) AND DIRECTING STAFF TO FILE A NOTICE OF
EXEMPTION.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and

WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and

WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”) through Municipal Code Amendment (“MCA”) No. 25-0010; and

WHEREAS, the City of Fontana General Plan (“General Plan”) includes policies and actions calling for numerous updates to the Code; and

WHEREAS, Section 30 -622. – Overlay Districts, is amended to revise the description of the Emergency Shelter Overlay to reflect that it may be applied to properties with the Light Industrial (I-L) or General Industrial (I-G) general plan land use designation; and

WHEREAS, Article XI - Division 7. Overlay Districts - is amended to update the description of the Emergency Shelter Overlay; and
WHEREAS, the amendments in MCA No. 25-0010 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City, the Housing Element policies and the Zoning and Development Code; and

WHEREAS, the amendments in MCA No. 25 -0010 are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and

WHEREAS, the amendments in MCA No. 25-0010 attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, 32 Ordinance No. 1982

safety and general welfare, nor will it adversely affect the orderly development of property; and

WHEREAS, on December 2, 2025, the Fontana Planning Commission (“Planning Commission”) held a public meeting on MCA No. 25-0010 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on December 2, 2025, and approved Resolution No. 2025-048 to recommend that the City Council approve the modifications to the Zoning and Development Code; and

WHEREAS, on February 10, 2026, the City Council held a public hearing on MCA No. 25-0010 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on December 2, 2025; and

WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-0010 that was presented at its public hearing on February 10, 2026; and

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

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

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

Section 2. CEQA. The City Council hereby determines that the code amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common -sense exemption) and Sections 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA.

Staff is directed to file a Notice of Determination pursuant to the foregoing.

Section 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25 -0010 accordance 33 Ordinance No. 1982

with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amend ed by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropria te in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The proposed Municipal Code Amendments will revise the Emergency Shelter Overlay to create additional opportunities for housing and support services for the unhouse population. These amendments further the General Plan goal of providing adequate housing to meet the needs of all residents in Fontana and of promoting a diversified economy.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 25 -0010, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.

Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 16860 Valencia Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

Section 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 8. 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 24th day of February, 2026.

READ AND APPROVED AS TO LEGAL FORM:

______________________________________
City Attorney
34 Ordinance No. 1982

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 10th day of February 2026, and was finally passed and adopted not less than five days thereafter on the 24th day of February 2026, 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
35 “EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) ARTICLE IX. - OVERLAY DISTRICTS
DIVISION 1. - GENERALLY

Sec. 30-621. - Purpose.

The purpose of this article is to create overlay districts that establish additional use regulations and development standards for specific types of use and specific areas of the City requiring special consideration in the development process. The regulations established in this article for the overlay districts shall apply in addition to the regulations established for the underlying zone districts.

Sec. 30-622. - Overlay districts.
(a) Medical center overlay district. A district that may overlay any medical center complex. (b) Utility corridor overlay district. A district that is intended to provide for appropriate development within or near those areas containing easements for public utilities. (c) Hillside overlay district. A district that protects the public health and safety, minimizes environmental impacts, and requires development to conform to the natural topography of hillside areas.
(d) Auto center overlay district. A district that is intended to promote new car and truck sales adjacent to the 1-210 Freeway.
(e) Warehousing distribution/logistics ov erlay district (Sierra Avenue). A district that provides for the limited, well planned and orderly development of warehousing distribution/logistics uses on properties within the light industrial (M -1) zone as provided for in Section 30 -532 et seq. Unlike other overlay districts in this division, this overlay identifies a geographic area where such uses may be allowed subject to a separate zone change request to establish the overlay on one or more parcels eligible to receive it. (f) Valley business park overlay district. The intent of the valley business park overlay is to provide for a well -planned and orderly development of business park and warehousing distribution uses on parcels within the M -1 zone located on designated areas within the adopted overlay that are generally located on the south side of Valley Boulevard. (g) Emergency shelter overlay district. A district that provides for seamless incorporation of emergency, supportive, and transitional housing opportunities on specific properties within the light industrial (M-1) zoning district Light Industrial (I -L) and/ or General Industrial (I -G) general plan land use designations to house individuals at risk of homelessness with such needs for no more than a six -month period , as required by Government Code § 65583(a)(4) and 65583(a)(5).
36 (h)(R-4) overlay district. The intent of the R -4 overlay district is to provide areas for the potential development at the multi -family residential (R -4) density of 24.1 du/ac to 39 du/ac for multi -family development in close proximity to transit routes and convenience uses in recognition of the need for affordable housing.

DIVISION 7. EMERGENCY SHELTER OVERLAY DISTRICT
Sec. 30-651. Emergency shelter overlay district (ESO) regulations. (a) Applicability. The provisions of this division shall apply to light industrial (I-L) land use designations and specific plan industrial land use designations as specified in Figure Figure 1

37 (b) Relation to underlying zoning. The emergency shelter overlay district is a flexible designation that is intended to apply in conjunction with, or as an alternative to the provisions in the underlying zoning. When utilized in conjunction with the underlying zone, if the provisions of this division are in conflict with the provisions of the underlying zoning district, the provisions of this division shall apply. (c) Intent. The intent of the emergency shelter overlay district is to provide for supportive and transitional housing uses on specific properties within the light industrial(M-1) zoning district Light Industrial (I -L) and General Industrial (I -G) gen eral plan use designations. Additionally, the further intent of this overlay district is to allow emergency shelters without a conditional use permit or other discretionary permit in accordance with Government Code § 65583. Recognizing the need for available and affordable sites for establishment of emergency shelters and other transitional housing types outside of the traditional locations in commercial districts, the emergency shelter overlay district provides areas and districts for the developmen t of new emergency and supportive housing to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of Fontana. (d) Definitions.

Emergency shelters. The California Health and Safety Code (§ 50801(e)) defines "emergency shelter" as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Single room occupancy. Typically, a single-room occupancy (SRO) unit is a multiple tenant building that houses one or two people in individual rooms (sometimes two rooms, or two rooms with a bathroom or half bathroom), or to the single room dwelling itself. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half-baths. Most SRO units are small, with a gross floor area of less than 400 square feet. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

1.7 AC
38 Supportive housing. Under the housing element law, supportive housing is defined as housing with no limit on length of stay that is occupied by a target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (California Health and Safety Code § 50675.14(b)).

Transitional housing. The California Healt h and Safety Code (§ 50675.2) defines "transitional housing" and "transitional housing development" as buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no more than six months. This definition of transitional housing does not encompass all transitional housing facilities, particularly those that operate as group quarters or community care facilities that charge fees rather than rents.

Sec. 30-652. Administrative site plan review required.

Any development proposal within the emergency shelter overlay district shall be subject to an administrative site plan review process pursuant to Article II, Division 10 et seq. of this Code.

Sec. 30-653. Emergency shelters.

The following standards shall be required for development or establishment of emergency shelters in the ESO district:

The following development standards shall apply.
(1) [Density of residents.] The maximum resident density shall be one resident per 150 square feet, up to a maximum of 60 residents in a single shelter. Facilities operated independently of the City of Fontana by private organizations or other government, or quasigovernment organizations, shall be limited to a maximum of 50 residents.

(2) [Number of staff.] The facility shall be staffed with one staff person per 15 occupied beds and shall be awake during the hours of operation.

(3) Waiting/intake area. The shelter may have a waiting and intake area no larger than 100 square feet combined;

(3)(4) On-site manager. The shelter must have at least one on-site manager at all times during hours of operation.

(4)(5) Distance requirements. The distance between emergency shelters shall be a minimum of 300 feet. No emergency shelter shall be located within 300 feet of any public park and/or school.

(5)(6) Security. The emergency shelter shall provide a security plan that ensures the safety of the residents, visitors and employees. The plan shall be reviewed by the Chief of Police or his designee and shall include, but is not limited to, the following:
39 a. Color, security surveillance system with recording capability; unless otherwise approved in writing by the Chief of the Fontana Police Department, the security system shall include surveillance cameras capable of recording interior and exterior common areas, in color, 24 hours per day. All recordings shall be retained for a minimum of 30 days.
b. On-site security guard(s), the number of security guards shall be based on the following ratio of one guard for every ten patrons.
c. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties.

(7) Length of stay. Emergency shelter shall only be provided for a time period of six months for any individual resident.

(6)(8) Laundry facility. The shelter shall provide on-site laundry facilities or services adequate for the number of residents.

(7)(9) Outdoor activities. Any emergency shelter adjacent to a residential use shall limit outdoor activities to the following hours: 8:00 a.m. to 9:00 p.m. Monday through Sunday.

(10) Pay phone. There shall not be any outdoor public telephones on the site nor along the public right-of-way.

(8)(11) Signage. No signs are permitted on the property relating to its use as a shelter for the homeless unless approved in writing by the Planning Director;

(9)(12) Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities).

(10)(13) Toilets. No outdoor toilets are allowed on the site unless during construction or a special event;

(11)(14) Shelter provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
a. Staff and services shall be provided to assist residents of the shelter in obtaining permanent housing and income;
b. A written management plan including, as applicable, provision for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment outreach programs for residents;

(12)(15) Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.
(13)(16) Sleeping area. Each emergency shelter shall provide at least 35 30 square feet of sleeping area per bed.
40 (14)(17) Litter and graffiti. The owner/operator shall:
a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;
b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and
c. Remove graffiti within 48 hours of written notice from the City.

(15)(18) Controlled access. The facility and/or the premises shall be accessed by one entrance.

(16)(19) Property maintenance. The agency shall ensure that the facility is clean and litter-free at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weed- free state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood.

(17) Facility shall not provide “walk in” services for new or prospective residents.

Operators shall strictly enforce a “no walk-in/no walk-out” policy for facility guests and residents. Details regarding the management and enforcement of this policy shall be provided in the facility’s operations and management plan, subject to the review and approval of the Planning Director.

Sec. 30-654. Transitional housing facilities.

The following development standards shall apply.
(1) Establishment. A management plan form shall be obtained, completed in detail, and returned to the City of Fontana's Community Development Department Housing Man ager for review and approval. The transitional housing program management plan is a detailed analysis of how an agency intends to operate and maintain a transitional housing facility in accordance with existing city ordinances and the criteria contained in this section.

(2) Qualifications. The applicant shall be a qualified agency with knowledge, understanding, and demonstrable experience in the operation and management of a transitional housing facility.

(3) Client screening. The agency should establish a screening process, similar to standard renting procedures, which includes letter(s) of reference, verification of employment, and determination of tenant ability to pay rent. The tenants should agree to participate in the daily maintenance of the transitional housing facility, and in an orientation/training process provided by the facility aimed at promoting their transition toward stability.
(4) Maximum client stay. Clients should be limited to a maximum stay of six months. 41 (5) Rent structure. The facility shall provide transitional housing below the median rent level within the City of Fontana.

(6) Property maintenance. The agency shall ensure that the facility is clean and litter- free at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weed- free state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood.

(7) Agency services. The agency shall identify in the management plan the services which are available to clients off -site, and shall demonstrate the client's ability to transport one's self to the site where services are provided.

Sec. 30-655. General development standards and design guidelines.

(a) General. The development standards and design guidelines in this division shall be minimum requirements for emergency shelters, supportive and transitional housing type uses. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30 -664 et seq., and Section 30 -679 et seq. of this Code.

Table 30-655.A.

Lot Dimensions, Building Height and Maximum Intensity

Feature Standard
Minimum lot size The minimum lot size shall be 20,000 square feet Lot dimensions Minimum width of 150 feet
Minimum depth of 150 feet
Maximum building
height
The maximum building height shall be 100 feet
Maximum lot
coverage
The maximum lot coverage shall be 60%
Floor-area ratio
(FAR)
The maximum base FAR shall be 0.50

(b) Building setbacks. All required yard areas (setbacks) shall be clear of all structures and other required site features such as parking areas, loading areas, fire lanes, etc., and shall be landscaped and maintained in a neat, healthy, aesthetically pleasing condition in accordance with the landscaping provisions of this division.

Setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

42 Table 30-655.B
Yard Area-Building Setbacks
Yard Standard
Minimum front yard setbacks 25 feet
Minimum rear yard setbacks 25 feet
Minimum interior side yard setbacks 15 feet
Minimum corner/street side yard setback 15 feet

(c) Parking and loading requirements. Off-street parking shall be located at the rear or side of the building, but may be considered elsewhere at the discretion of the Director of Community Development. Visitor parking may be located at the front of the building adjacent to the main entry. Service and loading areas may be located at the sides and rear of the building, except where such building sides are adjacent to a public right-of-way.
(d) Parking. The following are regulations for off -street parking and loading. They identify required number of parking and loading spaces for all new development projects and those proposing substantial modifications to existing buildings. For all parking and loading-related information or regulations not specifically addressed in this section, refer to Section 30-679 et seq. of this Code.

Table 30-655.C
Minimum Number of Parking Spaces Required

Use Facility
Parking
Staff
Parking
Guest
Parking
Bike
Rack
Loading
Spaces
Emergency
Shelter
1 space
per five
beds
1 space
per employee
1 space per ten
beds
5 spaces
1 Truck
space
Supportive
Housing
1 space
per
room,
family
or
resident
1 space per
employee
1 space per
three room,
family or resident
5 spaces
1 Van
space
Transitional
Housing
1 space
per
room,
family
or
resident
1 space per
employee
1 space per
three room,
family or resident
5 spaces
1 Van
space

(1) Parking and access.
a. Parking lots shall not be the dominant visual element on the site. b. Surface parking areas shall integrate trees and landscape improvements to reduce the heat island effect and to promote better visual aesthetics. c. Parking lot design shall include water quality storm water facilities consistent with City standards. See Figure 1.
43 Figure 1

(e) Fences, walls, and screening. The following are standards and guidelines for fences, walls, and screening.

Table 30-655.D
Standards for Fences, Walls and Screening

Location Materials Maximum
Height
Within front setback area Solid wall 42 inches
Wrought iron or
tubular steel
6 ft.

Within street side setback area Solid wall 8 ft.

Within interior side setback area Solid wall 8 ft.

Within rear setback area Solid wall 8 ft.

Screening of incidental outdoor storage from view
of the public right-of-way
Solid wall 8 ft.

Notes:
(1) All fences and walls shall be finished with decorative material (e.g., stucco, split- face, and or slump stone) when visible from the public right-of-way. (2) All fences and walls shall not interfere with or obstruct the line-of-sight for motorists. (3) Screening walls must meet the design standards of Section (n)(3)(a).

(1) Fences and walls.
a. Walls and fencing materials shall consist of wrought iron, tubular steel, stone, stucco, or brick, and shall be compatible with the overall design character/style of the development. The use of chain -link fence and similar materials is prohibited.
b. Walls and fences shall be integrated with landscaping along the base of the wall or fence.
44 c. Wall heights and surfaces shall be articulated with varying facade depths or pilasters to promote architectural interest, and shall include a cap along the top of the wall.
d. Landscaping shall be used in combination with walls and fences to visually soften blank surfaces and to deter graffiti. Additionally, all walls shall have an anti-graffiti coating to further deter graffiti, to the satisfaction of the City. See Figure 2.

Figure 2

(f) Landscaping. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., of this Code. (1) Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual and light and glare conflicts. (2) Landscape setbacks along public rights-of-way shall incorporate landscape buffers with undulating and variable height earth -mounding (berms), and/or low walls, preferably in a three-tier planting design.
(3) Landscaping shall be in scale with adjacent structures, streets, and public spaces, and be sized appropriately when fully grown.
(4) Landscaped areas should incorporate a three-tiered planting system:
a. Ground cover and flowering plants;
b. Shrubs and vines; and,
c. Trees.
(g) Site design.
(1) Courtyards and plazas.
a. Buildings should be arranged to create opportunities for open space amenities (e.g., plazas, courtyards, outdoor eating areas, etc.). (2) Building orientation.
a. The organization of buildings, parking areas, and landscaping shall recognize the existing characteristics of the site and shall relate to the surrounding development in scale and character.
b. Buildings should be oriented in a manner that takes advantage of passive solar design.
45 c. Buildings shall be oriented to provide a buffer between sensitive uses (i.e. residential, schools, and parks).
(3) Site elements.
a. Screening.

1. Loading areas shall be completely screened from public right -of-way(s) by building placement and/or decorative walls. Landscaping may be used in addition to such building placement and/or walls, but shall not be the sole means of screening. A sight -line analysis shall be taken from public right - of-way(s) to indicate screening of all items.

2. Trash storage enclosures and outdoor mechanical equipment shall be completely screened from public view.

3. Roof-mounted and ground -mounted mechanical equipment utilities, storage, and storage areas shall be screened from public right-of-way by a visual barrier (e.g., wall, fence, landscape material, parapet walls etc.) or other approved screening devices. Special consideration shall be given to the screening of roof -mounted equipment on building rooftops that are visible from the public right-of-way. See Figure 3.

Figure 3

(4) Lighting.
a. Outdoor lighting plans shall take into consideration the location and potential growth pattern of nearby trees (existing and planned) so that appropriate lighting levels are maintained over time.
b. Energy efficiency shall be considered through use of proper light location and placement, as well as use of energy-efficient bulbs and/or fixtures. c. Lighting fixtures shall include hoods or other design techniques to reduce glare and light pollution, especially along major streets, and to prevent light spillover onto adjacent properties.
d. Lighting shall be provided in project entryways, walkways, and parking lots to promote safety.
e. Lighting may be mounted on poles or bollards, affixed to building walls, or placed within paved or landscaped areas. Appropriate materials and 46 construction methods shall be used to ensure proper function of project lighting fixtures.
f. Decorative light fixtures shall be consistent with the architectural design of the building.
(5) Architecture.
a. Mass and scale.

1. The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

2. Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

3. Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building.
b. Building facades.

1. Building facades shall incorporate architectural elements such as windows, pillars, and wall plane breaks to minimize blank walls, to create visual interest, and to reduce the opportunity for graffiti.

2. All building elevations, whether front, side, or rear shall be architecturally detailed.

3. Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades.

4. Roofs shall be designed as an integral component of building form, mass, and facade. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines.
47 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0818 Agenda Date: 2/24/2026
Agenda #: C. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1983 (Second Reading), amending Section 30-467 of the Fontana Municipal Code regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in State law; and pursuant to a statutory exemption from CEQA Under Section 21080.17 of the Public Resources Code.

RECOMMENDATION:

Conduct a second reading by title only and adopt, Ordinance No. 1983, approving Municipal Code Amendment No. 25-011 to amend Section No. 30-467 of the City of Fontana Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the action to be Statutorily Exempt from CEQA under Public Resources Code § 21080.17. ..End
COUCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

Ordinance No. 1983 was introduced by a vote of 3-1 at the February 10, 2026, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/18/2026Page 1 of 1
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48

ORDINANCE NO. 1983

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT NO 25 -
0011 TO AMEND SECTION NO. 30 -467 OF THE CITY OF FONTANA

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, State law requires zoning regulations to be consistent with the general plan and therefore updating the Fontana Municipal Code (“Code”) would contribute to consistency with the General Plan; and
WHEREAS, the City of Fontana (“City”) desires to restate without substant ive revision, amend and recodify certain ordinances codified in the Code through Municipal Code Amendment (“MCA”) No. 25-0011; and
WHEREAS, the amendments in MCA No. 25-0011 are consistent and compatible with the General Plan and are in line with goals, po licies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 25 -0011 are in conformity with appropriate land use practices and will establish appropriate development standards f or the land use designations; and
WHEREAS, the amendments in MCA No. 25-0011 are attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, on January 20, 2026, the Planning Commission held a public meeting on MCA 25 -0011 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt from CEQA pursuant to a statutory exemption under Public Resources Code Section 21080.17, and
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on January 20, 2026, and approved Resolution No. 2026-002 to recommend that the City Council approve the MCA No. 25-0011; and 49 Ordinance No. 1983

WHEREAS, on February 10, 2026, the City Council held a public hearing on MCA No. 25-0011 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on January 20, 2026; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-0011 that was presented at its public hearing on February 10, 2026; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3 . Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25 -0011 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

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

Finding of Fact: The municipal code amendment codifies the previously approved urgency ordinance. The municipal code amendment aligns the municipal code with State of California law as it pertains to accessory dwelling units and junior accessory dwelling units. As such, the amendment will promote the General Plan goal of adequate housing to meet the needs of all residents in Fontana.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA 25 -0011, which is attached hereto as Exhibit “A,” and incorporated herein by reference.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after 50 Ordinance No. 1983

the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof; shall be published by the City Clerk at least once in the Fontana Hearld News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk or Planning Department is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

Section 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 16860 Valencia Avenue, Fontana, CA 92335.

Section 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applicat ions of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

APPROVED AND ADOPTED this 24th day of February, 2026.

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 Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 10 th day of February 2026, and was finally passed and adopted not less than five days thereafter on the 24th day of February 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________
City Clerk of the City of Fontana
51 Ordinance No. 1983

______________________________________
Mayor of the City of Fontana

ATTEST:

______________________________________
City Clerk
52 EXHIBIT A
Amended ADU Regulations
(Deletions are shown as strike outs. Additions are shown as underlines.)

Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code§§ 65852.2 and 65852.22. (2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the city's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law.
(b) Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12. (c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory d welling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and b. A manufactured home, as defined by California Health and Safety Code § 18007. (2) Accessory structure means a structure th at is accessory and incidental to a dwelling located on the same lot.
(3) Reserved.
(4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multi-family dwelling is or will be situated.
53 (5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(6) Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or pro posed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation fac ilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an e xterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) Livable space means a space in a dwelling intended for human habitation. including living, sleeping, eating, cooking, or sanitation.
(8) Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (9) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(10) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(11) Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(12) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (13) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (14) Total floor area means the total floor area of the ADU or JADU, inclusive of all habitable and nonhabitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
54 a. Converted on lot with single -family. One ADU as described in this subsection (d)(1)(a) and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:

1. Is either: within the space of a proposed single -family dwelling; wit hin the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2. Has exterior access that is independent of that for the single -family dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4. The JADU complies with the requirements of Governmen t Code §§ 66333 through 66339.
b. Limited detached on lot with single -family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(a) above), if the detached ADU satisfies each of the following limitations:

1. The side- and rear-yard setbacks are at least four feet.

2. The total floor area is 800 square feet or smaller.

3. The peak height above grade does not exceed t he applicable height limit in subsection (e)(2) below.
c. Converted on lot with multi -family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to storage rooms, bo iler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(c), at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units.
d. Limited detached on lot with multi -family. No more than two detached ADUs on a lot that a proposed multi -family dwellings, or up to eight detached ADUs on a lot with existing multi -family dwellings, if each detached ADU satisfies all of the following:

1. The side- and rear-yard setbacks are at least four feet. If the existing multi - family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi-family dwelling as a condition of approving the ADU.

2. The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.

3. If the lot has existing multi -family dwellings, the quantity of detached AD Us does not exceed the number of primary dwelling units on the lot. 55 (1)(2) ADU permit. Ministerial ADU and Building Permits Required. Every ADU and JADU requires and ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. a. Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of planning and approved by the city council by resolution.
(2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the Director of Planning and approved by the City Council by resolution. (3) Process and timing.
a. No discretion or hearing. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
(ii) Incomplete items. If the city’s determination under subsection 0 above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete. (iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice.

The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (b), the application or resubmitted application is deemed complete for the purposes of subsection (d) (3)(c) below. (vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written 56 determination to the applicant within 60 business days after receipt of the appeal.
b. c. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed a pproved unless either:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single -family or multi - family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. d. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 -day time period established by subsection (d)(3)(c) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. e. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal. f. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (e)
(1) Class 1: Statutorily Regulated . Class 1 ADUs and JADUs are approved under Government Code sectio n 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(a) may be combined with an ADU ap proved under subsection (e)(1)(b), and ADUs approved under subsection (e)(1)(c) may be combined with ADUs approved under subsection (e)(1)(d). a. Converted on Lot with Single-Family: One ADU as described in this subsection 0 and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and 57 (ii) Has exterior access that is independent of that for the single-family dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single -family dwelling, if the detached AD U satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
c. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basem ents, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 0, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side - and rear -yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setb ack of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314 –66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below. (e)(f) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
58 a. A Class 1 ADU approved under subsection (e)(1) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU approved under subsection (e)(2) above An ADU or JADU subject to an ADU permit under subsection (d) (2) above may be created on a lot that is zoned to allow single -family dwelling residential use or multi -family dwelling residential use.
c. In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multi- family dwelling unit may not exceed 16 feet in height.
b. A detached ADU m ay be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those term s are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories.
e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot). 59 (6) Septic system. If the ADU or JADU will connect to an onsite wastewater -treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (7) Owner occupancy.
a. ADUs. ADUs created under this section on or after January 1, 2020, are not subject to an owner occupancy requirement.
b. JADUs. As required by state law, all JADUs are subject to an owner-occupancy requirement when sanitation facilities are shared with the primary dwelling on the site. JADUs with independent sanitation facilities are not subject to an owner - occupancy requirement. A natural person with legal or equitable title to the property must reside on the property. In either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner -occupancy requirement in this subsection (e)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

(8) Deed restriction. Prior to issuance of a building permit for an ADU or a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the planning department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code § 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the dDirector or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 60 (9) Reserved.
(10) Building and sSafety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or code compliance department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

(11) Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State -declared Emergencies . Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
(ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent- based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot 61 coverage limit, or open -space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
a. An ADU that is subject to this subsection (f) must conform to an 18-foot front-yard setback, subject to subsection (f)(1)(c) above.
b. An ADU that is s ubject to this subsection (f) must conform to four -foot side- and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(5) Parking.
a. Generally. One off -street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f) (4)(a) is required in the following situations:

1. The ADU is located within one -half mile walking distance of public transit, as defined in subsection (c)(11) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single -family or new multi -family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off -street parking spaces are not required to be replaced.
(6) Architectural requirements.
62 a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(8)(7) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(9)(8) Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (e)(2)(D) of this section.
(g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
63 b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling uni t. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) (2) Utility fees.
a. If an ADU is constructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d )(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(h) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was construc ted before January 1, 2020, if denial is based on either of the following grounds:

1. The ADU or JADU violates applicable building standards, or

2. The ADU or JADU does not comply with the state ADU or JADU law or this ADU ordinance (Section 30-467).
b. Exceptions.

1. Notwithstanding subsection (h)(2)(a) above, the city may deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation 64 is necessary to comply with the standards specified in Health and Safety Code § 17920.3.

2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

65 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0719 Agenda Date: 2/24/2026
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Professional Services Agreement 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 enter into Amendment No. 1 to Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Pickleball Courts at Seville Park Project (DE-24-138-SP) in the amount of $154,800.00 for a total contract amount of $360,475.

2. Approve and authorize the City Manager to enter into any future individual Professional Services Agreement Amendments with Kimley-Horn and Associates, Inc., not exceeding $36,000 for the Pickleball Courts at Seville Park Project (DE-24-138-SP).

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 City Council approved a Professional Services Agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn) on July 22, 2025. The original contract scope included the design of the new courts with shade structures, fencing, lighting, and landscape improvements with a noise study for the pickleball court amenity.

This Amendment will expand Kimley-Horn’s conceptual design scope to include the entire park with conceptual designs for a new pump track, skate park, restroom building, operator’s building, comprehensive ADA compliant pathways, and basketball court modifications with the pickleball courts. The noise study will also include the new proposed uses for the pump track and skate park once the concept is finalized. As a result of the expanded conceptual plan scope, the survey limits City of Fontana Printed on 2/19/2026Page 1 of 2
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66 File #: 26-0719 Agenda Date: 2/24/2026
Agenda #: D. Category: Consent Calendar
will increase to include the entire park and both parking lots to ensure adequate ADA compliance within the design.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $154,800.00 for the full term of the Amendment. Funds are included in the Fiscal Year 2025-26 Budget in Project 37600092-604-A- 8113.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 2/19/2026Page 2 of 2
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67 PICKLEBALL COURTS AT SEVILLE PARK PROJECT
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PROJECT LOCATION
N
68

16498.00150\32127016.1
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT
DE-24-138-SP

BETWEEN

THE CITY OF FONTANA

AND

KIMLEY-HORN AND ASSOCIATES, INC.

1. Parties and Date.

This Amendment No . 1 to the Professional Services Agreement is made and entered into as of this 24th day of February 2026, by and between the City of Fontana (“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 (“Consultant”). City and Consultant are somet imes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Consultant. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated July 29, 2025 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services-Pickleball Courts at Seville Park “Project”.

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to revise the scope of services, increase the not -to-exceed compensation amount, and revise the term date.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

1. Services

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

3.2 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows:

2. Compensation
69

16498.00150\32127016.1

a. Subject to paragraph 2(b) below, City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A”.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $154,800 for this Amendment No. 1. The total compensation shall not exceed $360,475.00. 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 3 0 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.

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

5. Term

The term of this Agreement shall expire on August 31, 2027, 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 this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set form the date of commencement of work.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

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. 1.

3.6 Severability. If any portion of this Amendment No. 1 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 Next Page]

70

16498.00150\32127016.1
SIGNATURE PAGE FOR AMENDMENT NO. 1

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager

KIMLEY-HORN AND ASSOCIATES

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
Public Works Director / City Engineer

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager

71 Exhibit A to Amendment Number 1
dated February 3, 2026.

Scope Expansion Understanding
Per conversations with the Client in late October, the scope of the park project has increased to include the addition of an approximate 15,000 SF above ground skatepark (in the red area referenced in Exhibit A below), and a 20,000 SF pump track (the yellow area in Exhibit A below), to the original pickleball court scope (shown in the middle of Exhibit A below). It is assumed that the surface material for the pump track will be asphalt.

In addition to the skate park and pump track, per conversations with the Client in late December, Kimley-Horn should provide a conceptual design for the entire Seville park space. The scope will include the design and placement of a 1,000 SF operation building to serve as an operator’s office, provide storage, include a sport equipment merchandise area, and public restroom. The building will also include an interior restroom for the operator’s private use. The proposed park elements mentioned above are to be fenced, with their only entrance being through a main gate at the operator’s building. The design will include new pathways to connect all proposed programming.

The existing restroom building will be demolished. Existing Park elements including the basketball court, playground, shade structure, and parking lots will be assessed and redesigned as needed to align with the overall park concept.

It is important to note that during demolition of the existing amphitheater, the adjacent maintenance vehicle parking area was demolished. This scope includes the design of a new maintenance vehicle parking area, and it is understood that there is flexibility in the design of this area as the driveway approach will need reconstruction for ADA compliance allowing us to shift it in one direction or the other as needed.

The City requests that Kimley-Horn’s scope expand to include conceptual design of the above mentioned amenities. Full PS&E preparation in the scope will be provided only for the pickleball courts, associated fencing, associated parking, maintenance parking, and ADA compliance needs specific to the pickleball courts (Phase I). Kimley-Horn understands that the pump track, skate park, and other park enhancements will be constructed separately under a Phase II contract.

Total construction budget for the full park design is $6 million dollars.

For ADA compliance concerns, it is understood that tree root removal or tree removal in its entirety can be proposed for these improvements. The Kimley-Horn team will note in the specifications and plans that all proposed tree and/or root removals must be reviewed by the Public Works Maintenance Team for assessment prior to continuing with improvements.

It is also understood that rerouting the sidewalk and introducing retaining curbs or grading will be acceptable given the expanded scope. While cost and budget are still a priority, the expanded scope does permit more flexibility in the design to ensure all future uses are accounted for with the Pickleball Court construction.

This scope does not include public outreach.

Per Exhibit A, it is understood that the park property limit is just north of the pathway in the Pacific Electric Trail. The Pacific Electric Trail is wholly owned by SBCTA and the City wants to stay out of the PE Trail property to alleviate any needs for obtaining permits or license agreements from SBCTA.
72 Exhibit A
Below is an outline of the Additional Services requested to be added to this contract:

Task 1: Expanded Topographic Survey
Our survey team will expand the limits of their field work to include the entire area shown below in Exhibit B.

Exhibit B
Task 2: Expanded Kick-off Meeting, Data Collection, Pre-Design, & Schematic Design The goal of this phase will be to further investigate the project site and develop preliminary concept designs that meet the intent of the project goals and community objectives. We will evaluate the existing site conditions (i.e. topography, access, utilities, etc.), further investigate Client project requirements, identify, and evaluate existing design plans for integration, and refine the desired program elements shared by City stakeholders. We understand that no public outreach will be a part of this project. When complete, this phase will result in an overall conceptual vision for the park, including the following elements; a skatepark, pump track, operator’s building, pickleball courts, maintenance parking and basketball court.

These concept plan deliverables for the park design will be electronic, and include illustrative documents that will guide future improvements. Milestone tasks and deliverables for this phase are as follows:
· Review applicable studies, concepts, existing data sources, and any other work done to 73 date in the interest of this project.
· Existing Park components including the existing parking, playground, and basketball courts will be assessed and discussed with City staff to confirm design direction. · The proposed program elements noted above will be included in the project kick-off meeting with the Design team and City staff (virtual). This meeting’s main objectives will be to discuss opportunities and constraints and review data received by the City from community stakeholders. The goal of the meeting will be to determine the preferred elements and style for the project elements, for all proposed amenities.

As a follow-up to the design coordination/input meeting with the City, the Design Team will evaluate comments and feedback for incorporation into a refined conceptual site plan that includes the desired integrated skatepark, pump track, operator building, pickleball courts, maintenance parking and refined existing park elements as determined during initial coordination meetings with the City stakeholders. The design concept will strive to reflect a functional feel that is both uniquely intriguing in nature and well-integrated into the neighborhood context.

This task includes one (1) meeting to review Schematic Design Plans with city staff (virtual meeting). After this review, a schematic design level cost estimate for the park design will be developed. Up to two (2) rounds of revisions will be provided to these schematic design documents.

Task 3: Expanded Noise Study
In addition to the proposed pickleball courts, Kimley-Horn will expand the noise study to be inclusive of the conceptual skate park, bicycle pump track, and basketball court. Short-term reference noise levels will be collected with a Type I sound level meter for a similar bicycle pump track and skate park facility within South California. Skate park and bicycle pump track noise levels will be incorporated into the pickleball court SoundPLAN 3-dimensional noise model. Total combined noise levels will be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the City of Fontana Noise Ordinance.

One round of revisions to the noise model will be provided based on feedback to the initial concept design, and the initial noise findings. The final deliverable will reflect predicted noise levels that result from the final concept design layout.

Task 4: Expanded Concept, Design Development, and Construction Document Scope:

Concepts will be prepared to support concepts for the overall park design including; skatepark, pump track, pickleball courts, maintenance parking, fencing, new pathways, and redesign of existing parking lots, basketball court, and amenity areas as determined during initial meetings with City stakeholders. These 30% level plans will include the skate park and pump track layouts as shown in the concepts. The design intent will be to maintain the existing drainage patterns.

The scope will also be expanded to look holistically at the accessibility routes throughout the park, including new accessibility routes connecting all proposed park programming with associated fencing and gates. It is understood that the only accessible route constructed during Phase l will be to connect the proposed pickleball courts with the existing parking lot to the west. Phase l will also include the design of maintenance only parking spaces in a new parking lot directly adjacent to the pickleball facility.

In addition to accessibility, the scope will look at the overall park concept design elements in relation to grading and utilities to determine additional routes for connectivity and grading of the park for a cohesive site. Utility conflicts will be identified and coordinated with the placement of park facilities.

The expanded scope will be broken into three deliverable iterations, and will include rounds of comments and assumptions as noted in the original contract:
74 Task 4.1 Expanded Concept
The concept design will propose accessibility, fencing, grading, and utility design across all proposed amenity concepts and show proposed programming including; skatepark, pump track, operator’s building, pickleball courts, maintenance parking, and refined existing park elements as needed. A concept design level cost estimate for the park design will be developed. Up to two (2) rounds of revisions will be provided to these concept design documents.

Task 4.2 Expanded Design Development
Once the final design concept drawings are approved, the team will move into design development drawings for the items that are a part of this scope, beyond the conceptual phase, as described in the scope expansion understanding above. This will include the development of the accessibility from the existing parking lot to the proposed pickleball facility, and the proposed maintenance parking area.

Task 4.3 Expanded Construction Documents
90% and 100% level construction documents will be prepared for accessibility from the existing parking lot to the proposed pickleball facility and finalize the design of the proposed maintenance parking area.

Fee and billing
Kimley-Horn will perform the services described in the above Scope of Services on a lump sum basis.

Description
Task 1 – Expanded Topographic Survey $22,450 LS
Task 2 – Expanded Kick-off Meeting, Data Collection, Pre-Design, and Schematic Design
$24,850 LS
Task 3 – Expanded Noise Study $13,850 LS
Task 4 – Expanded Concept, Design Development, and
Construction Document Scope
-
Task 4.1 – Expanded Concept $32,900 LS
Task 4.2 – Expanded Design Development $25,250 LS
Task 4.3 – Expanded Construction Documents $35,500 LS
Tasks 1 – 4 Total: $154,800 LS
75 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0763 Agenda Date: 2/24/2026
Agenda #: E. Category: Consent Calendar
FROM:

Finance
SUBJECT:

American Rescue Plan Act Expenditure Plan Quarterly Report RECOMMENDATION:

Receive and file the American Rescue Plan Act (ARPA) Expenditure Plan quarterly report.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by living within our means while investing in the future. · Practice sound fiscal management by emphasizing capital formation. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021, providing additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. ARPA funding of $1.9 trillion provided for $362 billion in flexible fiscal aid to state and local governments in America under the State & Local Fiscal Recovery Funds (SLFRF). The City of Fontana was allocated $50.3 million in ARPA SLFRF funds. The U.S.

Department of the Treasury issued an Interim Final Rule in May 2021, and the Final Rule in January 2022, to implement the Coronavirus State and Local Fiscal Recovery Funds established under ARPA.

On March 8, 2022, the City Council approved the original ARPA Expenditure Plan (Plan). On September 13, 2022, the City Council subsequently approved a revised Plan which properly categorized existing projects per the Final Rule and eliminated projects that were determined to be ineligible. As all projects were determined eligible in concept for ARPA funding, staff has worked diligently with the City Attorney’s office and HdL ECONSolutions ensuring that all project details met ARPA Final Rule requirements. Currently, all projects have received a final legal determination as to City of Fontana Printed on 2/19/2026Page 1 of 3
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76 File #: 26-0763 Agenda Date: 2/24/2026
Agenda #: E. Category: Consent Calendar
their eligibility.

Current Plan
The current Plan reflects expenditures in four primary Federal Eligible Use Categories. and the table below reflects the current budget by category per the Treasury reporting requirements.

There are no proposed plan revisions for the current reporting period. All projects have been fully obligated meaning committed by contract, purchase order, or interagency agreement as required by Treasury Guidelines as of December 31, 2024. The city must expend all SLFRF funds by December 31, 2026.

Leveraged Projects
The original Plan approved by Council included $18.0 million in projects under the Revenue Loss category. However, per the Final Rule, only $10.0 million in funding was available under the standard allowance, leaving $8.0 million in projects unfunded. To address this shortfall, the City identified ARPA-eligible projects that had initially been funded by the General Fund and reprogrammed them to be funded by ARPA instead. This reallocation freed up or leveraged General Fund resources, which were then used to cover the previously unfunded projects. The leveraged projects include a Police Department helicopter ($3.0 million) and various pavement rehabilitation projects ($5.0 million).

Plan Update
As of December 31, 2025, $46.98 million has been expended. Since all projects have been obligated City of Fontana Printed on 2/19/2026Page 2 of 3
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77 File #: 26-0763 Agenda Date: 2/24/2026
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as of December 31,2024, no changes are expected at this time. Attachment B provides a brief update on each project.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Receive and file.

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78 ATTACHMENT A CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE AS OF DECEMBER 31, 2025
Federal Eligible Use Category
Treasury Expenditure Category Project Current Plan Proposed Plan Estimated
Expenditures
as of 12/31/25
1) Public Health & Economic Response

1.0 Public Health Metrolink Station Security Cameras 66,411 66,411 66,411 Ventilation Upgrade for City Facilities 2,322,150 2,322,150 2,322,150

2.0 Negative Economic Impacts Fontana Forward Grant Program 190,786 190,786 190,786 Homelessness Prevention Resources and Care Center 6,442,229 6,442,229 6,360,455 Park Improvements 3,241,828 3,241,828 3,072,736

3.0 PH Negative Economic Impact Public Sector
Capacity
Leveraged Project: Support Government Employment
(hiring above the pre-pandemic baseline)
9,842,762 9,842,762 9,842,763 Vaccine Bonus 526,986 526,986 526,986 Leveraged Project: Accela 3,406,636 3,406,636 3,406,636 Leveraged Project: Fontana 311 2,398,355 2,398,355 2,075,880 Part-Time Employee Retention 152,936 152,936 152,936 2) Revenue Loss

6.0 Revenue Replacement Parking Structure 10,000,000 9,999,606 3) Uniform Administrative Requirement, Cost
Principles, and Audit Requirements for Federal
Awards (2 CFR Part 200)
10,000,000

7.0 Adminstrative Administrative Costs 51,433 51,433 51,433 4) Water, Sewer, and Broadband Infrastructure

5.0 Infrastucture Cypress Storm Drain Project 7,340,000 7,340,000 4,911,636 Data Security & Threat Detection 157,927 157,927 157,927 Endpoint Detection & Response Solution 154,806 154,806 154,806 Fiber to City facilities 1,773,968 1,773,968 1,530,964 Network Detection & Response Solution - - - Septic to Sewer 500,000 500,000 463,156 Storm Drain Infrastructure Masterplan 375,130 375,130 375,130 Sewer Infrastructure Masterplan 424,870 424,870 424,781 5) Premium Pay
Public Safety Premium Pay 887,901 887,901 887,900 Total 50,257,113 50,257,113 46,975,077 Total Unappropriated Fund Balance - Total Allocation 50,257,113 50,257,113 79 ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL AS OF DECEMBER 31, 2025
Project Recommended
Amount
Expended As of
12/30/25
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Administrative Costs 51,433 51,433 Uniform Administrative Requirement, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200)
To cover the administrative direct and indirect costs associated with the ARPA program.

Complete Complete 51,433 Administrative costs to cover the implementation and oversight of the City's ARPA Expenditure Plan. Costs include but are not limited to City staff time, consultant services including HdL, and City Attorney costs.

Cypress Storm Drain Project 7,340,000 4,911,636 Water, Sewer, and Broadband Infrastructure
Construction of a storm drain facility along Foothill Blvd between Sierra Ave and Cypress Ave and Cypress Ave between Foothill Blvd and Orange Way to connect to the newly constructed West Fontana Channel along the Metrolink railroad track. The project also includes landscaped median on Foothill Blvd, reconstruction of AC pavement, and ADA compliant sidewalks and curb ramps upgrades.

In progress 12/31/2026 26,200,000 The project will be constructed in two phases:
- Phase 1 will be on Foothill Blvd between Sierra Ave and Cypress Ave, and on Cypress Ave between Foothill Blvd and Orange Way ($19.7 million)
- Phase 2 will be on Cypress Ave between Miller Ave and Foothill Blvd and on Juniper Ave between Miller Ave and Foothill Blvd ($6.5 million)
ARPA funds will be used towards the first phase. Phase 2 will be constructed once funding is identified in the future. The total project cost for Phase 1 is funded by ARPA, Local Measure I, Storm Drain, and Landscape. The project opened bid on April 18. The lowest bid came in higher than anticipated. Pending additional project funding allocation, the project has begun its construction with anticipated completion in late 2026.

Data Security & Threat Detection 157,927 157,927 Water, Sewer, and Broadband Infrastructure
A software suite that integrates with our servers and Office 365 to detect, report, and alert on permissions and activity to help detect unauthorized access.

Complete Complete 157,927 Varonis DatAdvantage software suite was deployed and is currently in use to monitor the City's file servers and Office 365 environment. Approved via consent calendar during the June 28, 2022 City Council meeting. PO #22300174. Project is completed.

Endpoint/Network Detection & Response
Solution
154,806 154,806 Water, Sewer, and Broadband Infrastructure
A technology solution that would help detect, alert, and potentially respond automatically to anomalous or malicious network activity on the City's network
Network: A technology solution that would help detect, alert, and respond to unauthorized activity on the staff computers throughout the City. This would fill the gap between what anti-virus software will detect and our network defenses.

Complete Complete 154,806 Combined with Network Detection and Response solution. Purchased Arctic Wolf Managed Detection and Response (MDR) solution to monitor network traffic to alert on malicious or suspicious activity. Approved via consent calendar during the June 14, 2022 City Council Meeting.

PO # 22300235. Project is completed
Fiber to City facilities 1,773,968 1,530,964 Water, Sewer, and Broadband Infrastructure
This project would run City owned fiber to our 6 facilities with leased lines, 1police substation with a leased line, 4 of our larger parks that currently have no connectivity, and 1 police substation that currently has no connectivity. This would help facilitate the use of technology at the locations (Wi-Fi, security cameras, irrigation systems, etc.).

In progress 1/31/2026 1,773,968 Sites to be connected are: Palm Court Substation, Southridge Substation, Cypress Center, Don Day Center, Heritage Center, Jack Bulik Center, Martin Tudor Park, Mary Vagle Nature Center, Bill Martin Park, Central City Park, Ralph M. Lewis Sports Complex, South Fontana Park, and Veteran's Park. The project has been advertised and scheduled to open bid on May 7. The project has been started and substantially completed. Final acceptance anticipated in January 2026.

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL AS OF DECEMBER 31, 2025
Project Recommended
Amount
Expended As of
12/30/25
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Fontana Eats Grant Program 190,786 190,786 Public Health & Economic Response Council approved program to grant Covid Impacted or disproportionate residents $100 to $600 depending on family size and income.

On October 25, 2022, City Council approved the Fontana Eats food assistance program to provide a direct benefit to eligible households impacted by COVID-19. As of August 17, 2023, a total 406 households have received $103,512.81 in funding. In partnership with Fontana/s Social Work Action Group (SWAG) this total includes 35 individuals experiencing housing insecurities that received Fontana Eats funding as additional assistance while placed in local rapid housing.

Complete Complete 190,786 Project details are being developed and will be presented to Council for consideration in September 2022. // Project Name Changed to: Fontana Eats // Council approved program to grant Covid Impacted or disproportionate residents $100 to $600 depending on family size and income // Total Applications Submitted: 225 // First 100 applicants to be funded mid-April.

The sunset of the program commenced on or before September 30, 2023. Funds for the Fontana Eats program were exhausted, leaving a total amount of $83,440.00 remaining and any additional funds not expended after final billing from Usio Card Services, were reallocated to ARPA priority projects. This project has been completed.

Homelessness Prevention Resources and
Care Center
6,442,229 6,360,455 Public Health & Economic Response The design and construction of a homeless shelter to serve the homeless population of the City.

Leveraged Leveraged 17,000,000 Additional funding of $9,000,000 is required and potential sources include:
- County of San Bernardino-$5,000,000
- USHUD $4,000,000
Project will provide transitional housing and wrap around services (24 hour managed care) for up to 30 chronically homeless individuals as well as housing and appropriate support services for up to 16 families. This Includes the purchase of a Hotel, the Conversion Costs and 2 years of property management and utilities. Hotel has been purchased and the conversion has been completed with improvements being funded by other sources.

Leveraged Project: Support Government
Employment (hiring above the pre-pandemic
baseline)
9,842,763 9,842,763 Public Health & Economic Response Per the Treasury Final Rule, the City may hire above the pre-pandemic baseline and use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to

7.5 percent above its pre-pandemic baseline.

Complete Complete 9,842,763 All costs associated with new positions approved by Council can be considered for this leveraged project, including but not limited to the new Police Department positions added in 2021-22 and 2022-

23. Metrolink Station Security Cameras 66,411 66,411 Public Health & Economic Response Installation of 8 security cameras at the Fontana Metrolink station to help keep the area more secure. The station currently has no operational cameras, nor any City owned cameras.

Complete Complete 66,411 Project is complete. Delays were due to supply chain issues.

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL AS OF DECEMBER 31, 2025
Project Recommended
Amount
Expended As of
12/30/25
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Leveraged Project: Accela 3,406,636 3,406,636 Public Health & Economic Response This is a new project and it is recommended that it is funded in the amount of $3.6 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.

Complete Complete 3,406,636 In 2021 the Innovation and Technology Department began efforts to improve business processes in the land management and permitting systems. During the pandemic, it became clear that paper processes were no longer an effective way of serving our residents or business partners. The city wished to replace the existing solution with an improved digital solution to meet the needs of city employees, residents, and businesses. Over the course of a year, city staff reviewed processes and gathered requirements for a new solution.

A new solution was selected in late 2021 to help improve processes in the land management and permitting system space. Throughout 2022 the IT department has continued to lead this project, working alongside almost every city department to ensure the new solution will be tailored to meet the city of Fontana’s needs in this space. This project has been a 3-year effort, and we are now nearing the tail-end of the project. The new, improved solution will seamlessly connect with surrounding systems, assist customers with an easy-to-use interface, ensure city employees process requests in a consistent and efficient manner, and provide dynamic insights to internal operations. The new solution went live July 2023 and has required some improvements/enhancements. This project has been completed.

Leveraged Project: Fontana 311 2,398,355 2,075,880 Public Health & Economic Response This is a new project and it is recommended that it is funded in the amount of $3.2 million in an effort to leverage funds for projects originally requested in the Revenue Loss category.

In Progress 12/1/2026 2,398,355 The City of Fontana developed and implemented the Fontana 311 system to improve communication and streamline services to its Residents and Businesses by bringing all customer interactions to one central location.

The Fontana 311 system will be a one-stop shop for businesses and residents to file complaints, get answers to questions, keep residents informed and overall improve citizen engagement. The Innovation and Technology department led the project to develop this new system and was sponsored by our Communications and Marketing office. Throughout 2022 and 2023, there has been extensive work with almost every city department to ensure all city services are captured within the application.

Residents will be able to call 311, use a website, or our 311 app to make that first request and then see it through to completion. The Fontana 311 system will allow staff to track requests from initiation to completion. Fontana 311 offers digital government services and makes interacting with government a much smoother process for our residents and businesses. The Fontana 311 system went live in February of 2023 and is now entering phase 2 of the project, which will bring an IVR with AI to assist our residents when they call for services. The project is in progress and is expected to be completed by December 2026.

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL AS OF DECEMBER 31, 2025
Project Recommended
Amount
Expended As of
12/30/25
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Park Improvements 3,241,828 3,072,736 Public Health & Economic Response Various projects needed to replace and/or upgrade aging infrastructure in our City's parks.

Leveraged Leveraged 3,241,828 Improvements are being recommended at the following 11 parks:
--Veteran's Park-installation of ballfield dugout shade structures (Completed) - Veteran's West Park -installation of new ballfield backstops Construction (Completed) - Seville Park (installation of new ADA Inclusive playground structure (Completed) - Fernandez Park -(Completed)
- Bill Martin Park -Ballfield dugout shade structures and Shade structures for spectator areas(Completed)
- Northgate Park (installation of playground, shade structure and ADA inclusive playground equipment- (Completed)
- North Tamarind Park (installation of new jumbo park gazebo for large groups, a new ADA inclusive playground, shade structures, and rubber safety surfacing- (Construction in progress. Est Completion: December 2025)
- Lemon Pepper Park (installation of playground shade structure(Completed) - Carmela Park (installation of playground shade structure (Completed) -Miller Park-Improvements (Completed)
-Jack Bulik improvements (Completed)
Parking Structure 10,000,000 9,999,606 Revenue Loss The project will construct a new parking structure within the parking lot of the Fontana HR Office.

Complete Complete 15,000,000 The proposed project is to be constructed within the existing parking lot of the City’s Human Resources Department Building located at 8491 Sierra Avenue, Fontana, CA 92335, and shall consist of a 4-tier parking structure. Each tier will have a footprint of approximately 130 feet by 230 feet with two vehicular entrances, one along Learner Lane and the other along Wheeler Avenue. The City anticipates the structure to include 311 vehicular parking spaces and two elevators. The intent of the structure is to serve as both public and employee parking for the civic center campus.

The Design-Build contract was approved by council on June 13, 2023. The construction has been completed and accepted by City Council in September, 2025.

Part-Time Employee Retention 152,936 152,936 Public Health & Economic ResponseProject includes recruitment and retention bonuses for part-time personnel. Complete Complete 152,936 Project includes recruitment and retention bonuses for part-time personnel with a current allocation of $250,000.

Public Safety Premium Pay 887,901 887,901 Premium Pay Project includes public safety retention bonuses which were previously categorized as Employee Retention/Incentive as Public Health & Economic Response.

Complete Complete 887,901 Project includes public safety retention bonuses. Project is Complete Septic to Sewer 500,000 463,156 Water, Sewer, and Broadband Infrastructure
The project will provide septic to sewer conversion in a disadvantaged communities (DAC) area in the city.

In Progress (Staff
support only)
12/31/2025(staff will
continue to change
until county
completes
construction)
2,000,000 The City will create sewer mainline construction plans on Arrow Ave between Ilex Street and Beech Ave, Cherry Avenue from Arrow Blvd to Foothill Blvd, and Beech Avenue from Arrow Blvd to Foothill Blvd per the City’s Master Plan of Sewer. The Design phase has been completed. The San Bernardino County will lead construction. Staff charges will continue during the construction.

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL AS OF DECEMBER 31, 2025
Project Recommended
Amount
Expended As of
12/30/25
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
Storm Infrastructure Masterplan 375,130 375,130 Water, Sewer, and Broadband Infrastructure
For consultant provided services in order to develop a masterplan document to forecast future infrastructure needs.

Complete Complete 375,130 Contract with David Evans and Associates. for $375,130 was approved on October 10, 2022.

Contract is being funded by ARPA. Due to staff shortage in consultant, the expected date for Council workshop is September 2024.Contract has been completed.

Sewer Infrastructure Masterplan 424,870 424,781 Water, Sewer, and Broadband Infrastructure
Storm Drain and Sewer master plans update. With completed projects and various changes since the last update, the master plans are due for an update.

Complete Complete 424,870 Contract with Albert A. Webb Associates, Inc. for $478,502 was approved on October 3, 2022.

Contract is being funding by ARPA and $53,632 from Fund 702. An addendum for $40,000 is approved by the City Council from Fund 702 to provide more detailed analysis of the Downtown Area with the funds being drawn from the Sewer Capital Projects Fund. Due to additional scope of the project, the project will be ready for a Council workshop in September 2024. As of 10/20/2025, the Contract is complete. Expenditures are being reconciled for completeness.

Vaccine Bonus 526,986 526,986 Public Health & Economic Response Project includes a citywide vaccine bonus. Complete Complete 526,986 Project includes a citywide vaccine bonus. Citywide Vaccine Bonus, 40 hours per full-time employee with a current allocation of $526,986. Project ended in December 31, 2022.

Ventilation Upgrade for City Facilities 2,322,150 2,322,150 Public Health & Economic Response Upgrades to existing HVAC equipment to provide better protection to employees from Covid-19.

Complete Complete 2,322,150 Project went out to bid and closed August 23, 2022. Bid responses are being evaluated by Purchasing and contract will be presented to council for consideration in September 2022.

Installation began January 2023 and was completed July of 2023. There were a total of 990 air purifiers installed along with 200 air monitors in a total of 20 city buildings. Project is complete Total 50,257,114 46,975,077

ATTACHMENT B CITY OF FONTANA

AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN UPDATE DETAIL AS OF DECEMBER 31, 2025
Project Recommended
Amount
Expended As of
12/30/25
Federal Use Category Description Est. Project Start
Date
Est. Project End
Date
Est. Project Cost Project Update
REVISED: Helicopter Purchase 3,000,000 3,000,000 This request is for an A-Star helicopter which will allow for a more available fleet and readied aircraft while one or more are down for scheduled or unscheduled maintenance. The A-Star can fly in windy conditions and eliminate the current loss of approximately 30% of hours due to inclement weather. Additionally, the upgraded program could provide for the ability to support an officer down rescue.

The increased functionality of the A-Star will allow for integrated maps to support in pursuits and tactical situations; recording capabilities to assist in evidence, training, and civil litigations; the ability to fly at higher altitudes to assist in covert surveillances to aid the Narcotics Unit, Fugitive Apprehension Team, and other units in the special operations division.

Additionally, the A-Star will also provide air support to the Fire District including fire patrol and real-time tactical assessments improving response times and decreasing loss of property.
5/27/2022 Funded by General
Fund
3,000,000 The Airbus Helicopter was purchased and delivered in May 2022 as well as the Chopper Spotter The balance of the outstanding expenditures will be presented to Council and funding (General Fund 101) request will be submitted for approval as needed. Project details include the following:
- 2011 Air Bus AS350B2 ($1,670,125) - purchased using General Fund (101) May 2022. - Chopper Spotter ($22,760) - purchased using General Fund (101) - 5 Year Impound Fees ($625,000) - General Fund (101) monies need to be requested and placed in a project as a one time payment of ($625,000). Funds were in original proposal for annual maintenance (5 yrs. x $125,000)
- 12 Year Maintenance ($225,000) - General fund (101) request submitted for 1st Qtr. (2023-2024) - FY 21/22 Prorated Premium Insurance ($3,962) - General Fund (101) paid July 2022. - FY 22/23 Insurance ($47,541) Increase cost of insurance. FY 23/24 Insurance billed at the same rate of FY 22/23. Insurance premium paid from General Fund (101). - Cargo Hook Kit/Bambi Bucket ($100,000) - Currently aircraft unavailable to install equipment. Fire District/Dept will be contacted when ready to proceed with purchase.

Additionally, there are on-going associated costs related to general contract increase for fuel, maintenance, storage, flight hours, and insurance premiums. The Police Department will include General Fund (101) increase request annually during budget preparation and supplement budget preparation.

This project is now funded by General Fund. Remaining outstanding items to be purchased included: Remaining Impound Fees, 12 Year Maintenance, and Cargo Hook Kit/Bambi Bucket ($100,000). The aircraft is currently unavailable to install equipment. In progress- replacing helicopter engines and training.

Pavement Rehabilitation 5,000,000 Ongoing For annual work related to the City's Pavement Management Plan. 3/1/2023 Ongoing 5,000,000 Various Pavement Rehabilitation projects, per City's 7-Year Pavement Management Plan, are currently in design and construction phases.

City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0769 Agenda Date: 2/24/2026
Agenda #: F. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approval of a Purchase Order with Complete Paperless Solutions for the Digitization of Microfiche/Microfilm police reports and photographs.

RECOMMENDATION:

1. Authorize the Purchasing Department to utilize the RFP 2024-16 contract awarded by the City of Menifee for document scanning services per Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal; and

2. Approve a Purchase Order with Complete Paperless Solutions in the amount of $163,000 for the digitization and conversion of approximately 15,000 microfiche/microfilm police reports and photographs; and

3. Authorize the City Manager, or designee, to execute all related documents and take any actions necessary to carry out the intent of this approval.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Operate in a businesslike manner by correcting problems immediately.

DISCUSSION:

The Police Department maintains thousands of cases related to homicides and various other types of cases on microfiche/microfilm in file cabinets within the Police Department Records Unit. Over the years the microfiche/microfilm cards and tapes have aged and are deteriorating. The equipment to read the materials is outdated and difficult to locate. These challenges make it increasingly difficult for staff to access essential information while also posing long term preservations risks.

Digitizing the microfiche/microfilm records will ensure they are preserved and easily accessible within the departments Laserfiche repository. The department has used Laserfice for several years and it has proven to be both effective and reliable for long term record retention and access.

Complete Paperless Solutions has extensive experience working with local government agencies and has successfully completed similar conversion projects. The Police Department proposes to piggyback on the City of Menifee’sawarded RFP and contract with Complete Paperless Solutions, which was competitively bid and follows purchasing procedures consistent with the city’s City of Fontana Printed on 2/18/2026Page 1 of 2
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86 File #: 26-0769 Agenda Date: 2/24/2026
Agenda #: F. Category: Consent Calendar
requirements.

Digitizing the Police Departments microfiche/microfilm is necessary to preserve deteriorating records and improve access through Laserfice. Staff recommends approval of the Purchase Order with Complete Paperless Solutions for a total project cost of $163,000.

FISCAL IMPACT:

The total fiscal impact for this service is $163,000 and is not include in the 2025-26 Current Budget.

One-time funding is being requested as part of the 2025/2026 mid-year request/report Org # 10140491.8130.

MOTION:

Approve Staff Recommendations.

City of Fontana Printed on 2/18/2026Page 2 of 2
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87 Microfiche Scanning Services
BY: Complete Paperless Solutions (CPS)
5130 E La Palms Ave. #206
Anaheim, CA 92807
8/26/2025
88

City of Fontana Scanning Services

TECHNICAL APPROACH
All employees utilize security badges for access to the building which is also tracked and recorded. Our production imaging servers are air gapped and backed up daily only on an encrypted local drive which is purged in accordance with DoD Standard (DoD 5220.22-M) upon project completion. Our key employees are background verified, HIPPA Trained, CA Live Scanned, and CLETS Certified. (California Law Enforcement). Security, experience, and adherence to procedure is what makes our service offer unique.

We bear sole and complete responsibility for all work we execute.

Below is our procedure for tracking inventory once documents/boxes are picked up from a client’s location.

Record Transfer Preparation – All boxes will have a Tamper Security Seal to ensure privacy immediately upon pickup. All boxes will be inventoried by folder and series within each box, provide a barcode label, and finalize the box count prior to departing.

Document Control and Manifest Creation – We use a specialized application to not only track all records, but we have a very stringent methodology policy we adhere to internally as well making sure all procedures are followed every step of the way. Tracking reports are generated to include all of the information pertaining to the job. The use of tamperproof seals provides an extra layer of security to keep your data safe.

Secure Record Transfer Service – All pickups and deliveries will be performed by at least 2 staff which have gone through a background check as well. In order to keep the chain of custody, delivery and pickup scenarios will not make any extra stops while transit with a client’s data. If any issue arises with transport, a secondary team is on standby to assist right away.

Storage Center when Receiving – Our procedure is to have all boxes coming in to be counted and verified 2 times. Utilizing barcodes and our 2-person process ensures quality as soon as client data arrives. Any damage or discrepancies will be reported immediately and addressed immediately.

Chain of Custody Verification – Once the data is received, another check is done on all seals of the boxes.

Once security seals are removed, we verify contents again. If at any time any security issues happen to arise, clients will be notified immediately.

Audit Tracking & Quality Control Reporting – Every employee is mandated to enter all quality control, monitoring, and progress into our tracking system. Reporting is constantly being done to ensure job is on track.

All scanning is done with an operator standing next to the scanner to make sure all pages are scanned accurately and to check for double feed errors. The scanners are capable of scanning Bi-Tonal Black and White, 255 Gray Scale, Full 24-bit Color. Scanner software can output the image to all major file formats.

Kofax VRS lmage Enhancement Software is utilized to provide the optimal quality image - De-speckling, De- 89

City of Fontana Scanning Services

skewing, image rotation, Background suppression, Adaptive threshold, Edge enhancement, and gray tone filtering. Scanner Technicians live monitor the size, resolution and format of each document scanned using the tags/markers placed by the Document Preparation team. The files are always processed together to ensure the documents remain in the same order. Standard documents will be scanned in PDF, bi-tonal (black and White) at 300 dpi, large format documents at 300 dpi, and for documents that have been reduced, 400 dpi. Documents containing color will! Be scanned in color at 200 dpi or 300dpi, using lossless compression .JPG file formatting. Our process of creating PDF images, other file types, and indexing is as follows.

Document Preparation – Scanning sample boxes are an effective way to find out certain details of the specific job. These samples will determine the most accurate and efficient method to prepare the folder to be scanned. All staff will be trained in the job specific details and are assigned one single box at a time.

Items prepared prior to scanning including removing paperclips/staples, unfolding, utilizing copier technology to maximize scan quality, combine small documents and attached images, and anything we are not 100% clear on, we will place on the side and address with the client to ensure accuracy. If required, we are able to reassemble all data just as we picked it up with the exclusion of staples and paper clips.

Quality Assurance Document Preparation Verification – Our data sheets are updated in real time and if any problem is found, the document is sent back for reprocessing. The tracking report is updated once again, and the corrected data moves on to the next stage.

Scanning High Resolution Digital Imaging – Only the best technology available is used to provide the best outcome of a quality image. Scanning staff will be monitoring each image to ensure image is scanned correctly and no pages are double fed. The utilization of Kofax VRS Software allows for additional cleaning to be done such as de-speckle, de-skew, image rotation, background suppression, edge enhancement, gray tone filtering, blank page removal, and much more if need be.

Quality Assurance Image Quality – One of the most important parts of this process is having a human being review documents for accuracy and not solely rely on software and technology. Image quality is checked at multiple levels to ensure all images are acceptable and do not need to be reprocessed.

Indexing Verification – Staff are trained to manually index one image at a time per box to ensure accuracy every step of the way. Protocols and additional software is in place to make sure indexing errors do not occur such as misspelling or double keying entries.

Quality Assurance Indexing – Taking this process to the next level, we will compare the indexed data with the re-keyed data. If any mismatches are found, they are sent back and reprocessed until it is matched.

Data validation is performed utilizing character mix, date ranges, quantity ranges, including database lookups as well.
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City of Fontana Scanning Services

File Transfer and Upload – Once documents are ready for transfer/upload, data will be transferred to a file server with your encrypted data. From there instant access is available via VPN to search your data to view images and indexes, along with being able to start internal quality control as well. If encrypted hard drive is preferred, this exists as an alternative as well.

Return and Delivery of Completed Job – Once all files have been reviewed and cleared for approval, data will be repacked, and security labels placed once again. Delivery procedures are followed exactly how our pick-up procedure is, which is listed above with the focus on reliability and security.

HOURLY FEE/PRICING

File Type Price per unit Estimated Volume Total
Microfiche
Permits
$2.80 55,000 $154,000.00
Subtotal $154,000.00
Box Pickup/Delivery $150.00
Laserfiche Ingestion $900.00
Grand Total $155,050.00

Document Prep (if any): $25/hour will be applied if boxes are handed to us and we need to remove mass amounts of staples, post it notes, paper clips, cropping, etc.

Data Entry/Indexing: $25/hour if additional indexing is required above and beyond file name and 2 index fields.

Pick up/delivery: $150 pickup fee with free delivery of documents when returned.

Laserfiche Ingestion: $900 for each upload which we upload all scanned images into the Laserfiche repository.
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and COMPLETE PAPERLESS SOLUTION, LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will per form subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on September 18, 2024 and shall end on June 30, 2026 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, if it occurs, this Agreeme nt shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The word “term” shall refer to the Initial Term and any renewal term which actually occurs. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement.

1.2 Standard of Performance . Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shal l, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

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1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Million Dollars and Zero Cents ($1,000,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Con sultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. In no event shall the compensation paid during the term of this Agreement exceed the following amounts:
a. Initial Term: Four Hundred Thirty Thousand Dollars and Zero Cents ($430,000.00) b. First Renewal Term: Two Hundred Thousand Dollars and Zero Cents ($200,000.00) c. Second Renewal Term: One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00)
d. Third Renewal Term: One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00)

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
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b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.

City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Retention of Funds, Final Payment . Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are an y claims specifically excluded by Consultant from the operation of th e release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final in voice, if all of the Servic es required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes . Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilit ies shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charg es, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains ins urance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be i ncluded in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees tha t the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

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4.1 Workers’ Compensation . Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per empl oyee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the Californi a Labor Code.

Determination of whether a self -insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self -insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit sha ll be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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4.3 Professional Liability Insurance.
a. General Requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLAR S ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must in clude the following reference:

DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES . The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

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c. Notice of Reduction in or Cancellation of Coverage . Consultant shall pr ovide written notice to City within ten (10) working days if : (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s gen eral supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self -insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -Insured Retentions. Consultant shall obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense e xpenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute , at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) a nd any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or sub contractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

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5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agree ment and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement , City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law . The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

Consultant acknowledges and agrees that it shall be indep endently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wage s. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws where they apply to the Services, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3 . Consultant shall bear all risks of payment or non -payment of prevailing wages under California law and/or the Docusign Envelope ID: AB9C6426-5957-4FC6-B1B8-0E52D608A473 100

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implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work . Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shal l bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810 , it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) ho urs in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Docusign Envelope ID: AB9C6426-5957-4FC6-B1B8-0E52D608A473 101

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Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub -consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility . Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring . Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments . Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenant s to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that ar e legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and Docusign Envelope ID: AB9C6426-5957-4FC6-B1B8-0E52D608A473 102

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responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall b e terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this S ubsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photogr aphs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement.

Similarly, unless authorized by the Contract Administrator, City shal l have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Docusign Envelope ID: AB9C6426-5957-4FC6-B1B8-0E52D608A473 103

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Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’ s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant.

City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or da ta stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant un der this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City Docusign Envelope ID: AB9C6426-5957-4FC6-B1B8-0E52D608A473 104

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is granted a non -exclusive and perpe tual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accou nting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records . Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees . If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonabl e number of hours spent by th e prevailing P arty in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

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10.5 No Implied Waiver of Breach . Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constit ute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provi sions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns . The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative . All matters under this Agreement shall be handled for Consultant by Jamie Dunn, VP of Sales (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfa ctory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Edna Aguilar , Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

COMPLETE PAPERLESS SOLUTION, LLC
Attn: Jamie Dunn, VP of Sales
5130 E. La Palma Ave #206
Anaheim, CA 92807
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Edna Aguilar, Management Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
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10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be c onstrued for or against either P arty by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such P arty is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible clas sification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. There are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which Docusign Envelope ID: AB9C6426-5957-4FC6-B1B8-0E52D608A473 107

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may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.

[Signatures on Following Page]

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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Jamie Dunn, VP of Sales

Claude Schott, CFO

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES in the amount not to exceed One Million Dollars and Zero Cents ($1,000,000.00) as further detailed in the following page(s). In no event shall the compensation paid during the term of this Agreement exceed the following amounts:

Initial Term: Four Hundred Thirty Thousand Dollars and Zero Cents ($430,000.00) First Renewal Term: Two Hundred Thousand Dollars and Zero Cents ($200,000.00) Second Renewal Term: One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00) Third Renewal Term: One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00)

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SCOPE OF WORK-

For the purposes of this Scope of Work, the terms “Consultant,” “Vendor,” and “Proposer” will all refer to Consultant.

The Consultant will be responsible for the following tasks:

Task 1 – Comprehensive Document Scanning & Indexing Services Some of the file types to be scanned will consist of, but are not limited to:

• Building Plans
• Planning Cases and Project Files
• Engineering Plans and Project Files
• Capital Improvement Projects
• Specialized Studies and Reports
• Plan Rolls, Folded Maps and Mylar Maps
• Agreements and Bid Documents

File types may contain flat and folded documents of varying sizes and plan rolls will vary in size from under an inch to 12” or more in diameter. Proposers may assume all paper records are in satisfactory condition. Letter, legal and ledger-sized documents are primarily printed on standard white office paper (approximately 20 lb); ANSI-C and above sized documents may be printed on paper, Mylar, blueprints, sepia, or vellum and must be organized by project as directed by the City.

THE FOLLOWING CRITERIA MUST BE MET:

A. Laserfiche:

Ability to scan content directly and seamlessly into Laserfiche using an upload utility – must have a tool that directly uploads content to Laserfiche including the ability to file directly into established folders and ability to add required meta data.

B. Ability to Scan:

a. Manila folder – content in file folders
b. Legal documents
c. Ledger-size documents
d. Letters
e. Carbon copies
f. Photo exhibits
g. Spiral-bound books
h. Tabbed paper
i. Large format items: Posters, banners, etc., with dimensions specified. j. Drawings & Blueprints
k. All ANSI-sized documents

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C. Images:
a. Duplex scan documents to capture both front and back of documents where needed.

Images must be oriented correctly for viewing. Text must be readable up to the edge of the document.
b.Image clean -up: the scanned documents should be de -skewed, de -speckled, blank pages and black borders removed, hole punch images removed, and background color drop out (where possible). Color images must be viewable quality so that detail in the image is captured.
c. For the purposes of this RFP, Proposer is invited to offer suggestions on how best to scan color photos to maintain the quality and detail of an image while striving to reduce size of the electronic image.

D. OCR all content with guarantee of 99.5% accuracy on images and ability for 600 dpi images.

E. Quality checking images scanned:

a. Visual inspection of each image against the original, rescanning documents as needed b. Manual image quality adjustment and QA of every image for clarity, legibility, quality, cut-offs or file type compression errors
c. Images are of the same or better quality than the original d. Ensure all images are accurately indexed
e. All documents are to be scanned and returned in the same order as provided f. All folders within the XML file should appear in the same order as they exist in paper g. The City may perform a QA of each image and associated indexing delivered by the vendor; if the City discovers unacceptable images, the Vendor, at no additional cost to the City, will correct all such unacceptable images

F. Data entry of index fields following Laserfiche Templates. Fields change depending on the document scanned.

G. Quality checking index data.

H. Perform rework on errors or omissions with no additional charge.

I. Warranty period of 1 year against defects.

J. Records must be saved in PDFA format.

K. Any and all City documents in the possession of the Proposer must be stored in a climate controlled safe and secure location. The City must have access to all City documents in the Proposer’s possession upon request, with a hard copy or electronic file provided within 24 hours.

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L. Document prep:
a. Ability to scan small documents such as receipts in line with large-size documents in a single scan
b. Staple and fastener removal
c. Metal, plastic, twine, glue binder removal
d. Industrial staple removal capability including box and plier staples e. Fix torn pages prior to scanning
f. Black and white, greyscale and color scanning options

M. Once electronically imaged and upon the request of the Project Manager, documents shall be returned to their original state (re-stapled, bound, rolled, etc.) and returned to the original filing location.

N. Pick-up and delivery of paper documents. When content is picked up, there must be at least two representatives of the scanning organization present; pick-up must not be outsourced.

There shall always be two representatives with the content in transit.

O. Pickup and delivery are to occur every three to four weeks or as agreed upon by the Project Manager and the vendor.

P. Vendor must pick up and return original documents promptly according to an established schedule.

Q. Vendor must provide a proof of pickup acknowledgement, to be signed by the Vendor staff and City staff.

R. Vendor must return original documents after scanning or conversion, and provide a proof of return acknowledgement, to be signed by the Vendor staff and City staff.

S. Vendor will only receive direction from the contract manager (to be spelled out in the contract).

T. Vendor will maintain documented chain of command through an audit trail.

U. Vendor will submit quarterly reports of documents being stored at their facility.

V. Vendor must agree to provide private transport; content will never be mixed in transit with other clients, nor additional, non-mission critical stops to occur en route.

W. Content will not leave the state of California.

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Fiche/Film Scanning – Police Department
DATE: 1/13/2026
EXPIRES: 4/12/2026
124

City of Fontana 2

Description and Approach

CPS understands the importance of selecting a quality firm to manage and execute the process of scanning historic records which may include maps, drawings, and all other media types available for storing information. With CPS being the experts in Laserfiche Document Management, many special cities and government organizations have turned to us to handle their document scanning needs as they have tried to make it by with other vendors who could not perform to the expectations. We understand the attention expected by cities to produce quality images, on demand, 100% open communication and making sure every step of the project is going exactly as planned.

Scanning Conversion Services Process

Secure Document Conversion Facility – Enabled with only the highest security and technology available, you can be assured your data will be safe and secure from the moment your data leaves your location, until we safely return your data after the job has been completed.

Record Transfer Preparation – All boxes will have a Tamper Security Seal to ensure privacy immediately upon pickup. All boxes will be inventoried by folder and series within each box, provide a barcode label, and finalize the box count prior to departing.

Document Control and Manifest Creation – We use a specialized application to not only track all records, but we have a very stringent methodology policy we adhere to internally as well making sure all procedures are followed every step of the way. Tracking reports are generated to 125

City of Fontana 3

include all of the information pertaining to the job. The use of tamperproof seals provides an extra layer of security to keep your data safe.

Secure Record Transfer Service – All pickups and deliveries will be performed by at least 2 staff which have gone through a background check as well. In order to keep the chain of custody, delivery and pickup scenarios will not make any extra stops while transit with a client’s data. If any issue arises with transport, a secondary team is on standby to assist right away.

Storage Center when Receiving – Our procedure is to have all boxes coming in to be counted and verified 2 times. Utilizing barcodes and our 2-person process ensures quality as soon as client data arrives. Any damage or discrepancies will be reported immediately and addressed immediately.

Chain of Custody Verification – Once the data is received, another check is done on all seals of the boxes. Once security seals are removed, we verify contents again. If at any time any security issues happen to arise, clients will be notified immediately.

Audit Tracking & Quality Control Reporting – Every employee is mandated to enter all quality control, monitoring, and progress into our tracking system. Reporting is constantly being done to ensure job is on track.

Document Preparation – Scanning sample boxes are an effective way to find out certain details of the specific job. These samples will determine the most accurate and efficient method to prepare the folder to be scanned. All staff will be trained in the job specifics and details and are assigned one single box at a time. Items prepared prior to scanning including removing paperclips/staples, unfolding, utilizing copier technology to maximize scan quality, combine small documents and attached images, and anything we are not 100% clear on, we will place on the side and address with the client to ensure accuracy. If required, we are able to reassemble all data just as we picked it up with the exclusion of staples and paper clips.

Quality Assurance Document Preparation Verification – Our data sheets are updated in real time and if any problem is found, the document is sent back for reprocessing. The tracking report is updated once again, and the corrected data moves on to the next stage.

Scanning High Resolution Digital Imaging – Only the best technology available is used to provide the best outcome of a quality image. Scanning staff will be monitoring each image to ensure image is scanned correctly and no pages are double fed. The utilization of Kofax VRS Software allows for additional cleanup to be done such as de-speckle, de-skew, image rotation, background suppression, edge enhancement, gray tone filtering, blank page removal, and much more if need be.

Quality Assurance Image Quality – One of the most important parts of this process is having a human being review documents for accuracy and not solely rely on software and technology.

Image quality is checked at multiple levels to ensure all images are acceptable and do not need to be reprocessed.
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City of Fontana 4

Indexing Verification – Staff are trained to manually index one image at a time per box to ensure accuracy every step of the way. Protocols and additional software is in place to make sure indexing errors do not occur such as misspelling or double keying entries.

Quality Assurance Indexing – Taking this process to the next level, we will compare the indexed data with the re-keyed data. If any mismatches are found, they are sent back and reprocessed until it is matched. Data validation is performed utilizing character mix, date ranges, quantity ranges, including database lookups as well.

File Transfer and Upload – Once documents are ready for transfer/upload, data will be transferred to a file server with your encrypted data. From there instant access is available via VPN to search your data to view images and indexes, along with being able to start internal quality control as well. If encrypted hard drive is preferred, this exists as an alternative as well.

Return and Delivery of Completed Job – Once all files have been reviewed and cleared for approval, data will be repacked, and security labels placed once again. Delivery procedures are followed exactly how our pick-up procedure is, which is listed above with the focus on reliability and security.

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City of Fontana 5

Cost Proposal

Based on our conversation and estimated volumes determined, below is a list of the prices we are able to offer. Please note the city will only be charged for actual images scanned and the numbers below is estimated. Documents will be indexed individually, and files will be delivered in Laserfiche as stand-alone PDF’s.

Task Volume Price per unit Total
Microfiche
B/W Microfiche Conversion 12,000 $2.80 $33,600.00
Advanced Indexing with Manual Split 285 $40.00 $11,400.00 Microfilm
B/W Microfilm Conversion 650 $100.00 $65,000.00
Advanced Indexing with Manual Split 1,300 $40.00 $52,000.00 Pick up/Delivery 1 $100.00 $100.00
Laserfiche Ingestion per instance 1 $900.00 $900.00
Estimated Subtotal $163,000.00

Document Prep (if any): $40/hour will be applied if boxes are handed to us and we need to remove mass amounts of staples, post-it notes, paper clips, etc.

Data Entry/Indexing: $40/hour if additional indexing is required above and beyond file name and 2 index fields.

Customer Acceptance
Client: City of Fontana Provider: Complete Paperless Solutions Print Name:

Date:

Signature:

128
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0770 Agenda Date: 2/24/2026
Agenda #: G. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve the Sole-Source purchase with Motorola Solutions for the upgrade, installation, and service agreement of the License Plate Camera Project.

RECOMMENDATION:

1. Authorize procurement of the Automated License Plate Reader (ALPR) from Motorola Solutions utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Single Source/Sole Source.

2. Approve the purchase of the Motorola Solutions upgrade, installation, and service agreement for the ALPR in the amount of $1,052,673.97.

3. Approve and authorize the City Manager to approve the purchase and agreement with Motorola Solutions and any necessary change orders to complete the project not to exceed 10% of the award amount.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

In 2017, Vigilant Solutions, now Motorola, was awarded a contract to install Automated License Plate Reader (ALPR) cameras throughout the City of Fontana. The initial deployment was completed in three phases. Several cameras installed during Phases One and Two now require replacement due to damage caused by environmental conditions. Additionally, the Phase One and Two cameras will no longer be supported after March 2026, as the technology has advanced, and replacement parts are becoming increasingly difficult to obtain.

ALPR cameras are a critical investigative tool for the Police Department, providing timely and reliable vehicle information to assist with a wide range of criminal investigations. Due to the existing infrastructure and system design, Vigilant/Motorola cameras are considered a sole-source solution.

These cameras are specifically designed for multi-lane intersections and feature wide-angle capabilities that allow for the capture of multiple lanes of traffic, unlike other camera systems used in different locations throughout the city.

All replacement cameras, wiring, software, and associated components will be installed by MotorolaCity of Fontana Printed on 2/19/2026Page 1 of 2 powered by Legistar™
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File #: 26-0770 Agenda Date: 2/24/2026
Agenda #: G. Category: Consent Calendar
All replacement cameras, wiring, software, and associated components will be installed by Motorola or its approved vendors. The proposed equipment is fully compatible with the Phase Three ALPR cameras from the original installation, ensuring system continuity and operational consistency.

Motorola has submitted Quote No. 3448566 in the amount of $1,052,673.97. This cost includes camera hardware, extended warranties, licensing fees, and other associated items as detailed in the quote. The Police Department recognizes the ALPR system as a valuable asset and seeks to maintain uninterrupted access to ALPR data while remaining fiscally responsible.

FISCAL IMPACT:

A request in the amount of $1,100,000 from Federal Asset Seizure Funds (fund 223) is included in the 2025/2026 mid-year report. Funds to be appropriated to project number 40100007-223-A-8130.

Should service demands exceed budgeted amounts, additional funding may be requested through the appropriate budget adjustment process.

In fiscal year 2031/2032, the department will be requesting an increase of $48,000.00 recurring funds for Innovation and Technology to cover projected inflationary increases related to camera licensing and software subscriptions. These funds will be incorporated into the budget upon confirmation that the cameras will continue to be utilized.

MOTION:

Approve Staff Recommendations.

City of Fontana Printed on 2/19/2026Page 2 of 2
powered by Legistar™
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QUOTE-3448566

FONTANA POLICE DEPT
01/06/2026
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 131 Shipping Address:

FONTANA POLICE DEPT
17005 UPLAND AVE
FONTANA, CA 92335
US
Quote Date:01/06/2026
Expiration Date:03/07/2026
Quote Created By:

Harrison Cutler
Harrison.Cutler@
motorolasolutions.com
858-864-3660
End Customer:

FONTANA POLICE DEPT

Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET

Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price

Fixed / Dual LPR
System Purchase

1 VSB-50876

VSF-025-L5F-L5F 25MM

FXD KIT W CBL

78 $6,495.00 $0.00 $0.00
2 VSM-56160

LINUX COMMS BOX USING
VIP5211

37 $3,295.00 $3,295.00 $121,915.00

3 CDFS-HWW

FIXED CAMERA LPR

SYSTEM EXTENDED

HARDWARE WARRANTY -

VALID FROM STANDARD

WARRANTY EXPIRATION

78 4 YEARS $1,680.00 $1,680.00 $131,040.00

4 BCAH1WW

VIGILANT FIXED CAMERA

COMMUNICATIONS BOX -

EXTENDED HARDWARE

WARRANTY - FOR

ADDITIONAL YEAR

37 4 YEARS

Included Included

Included

5 VS-DLF-01

DEVICE LICENSE FEE

78 5 YEAR $2,374.80 $2,374.80 $185,234.40
6 VSD-50016

L5F-CAMERA-CBL-60FT-
THIN L5F CABLE 60FT

20 $450.00 $112.50 $2,250.00
7 LSV07S04314A

Remote Monitoring

78 5 YEARS $364.80 $0.00 $0.00
8 LSV07S04746A

LPR ONSITE RESPONSE &

REPLACEMENT

1 5 YEARS $455,100.00 $455,100.00 $455,100.00
9 PDS-LPR-SS

PROJECT DELIVERY

SERVICES-LPR

1 $40,860.00 $34,731.00 $34,731.00
QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800Page 2 132
Line
#
Item Number Description Qty Term

List Price Sale Price Ext. Sale Price

10 HRDWR-INST-SS

HARDWARE

INSTALLATION

1 $53,437.50 $45,421.88 $45,421.88
11 VSM-48881

VS-FX-UNI-POLE-WALL-

ASSY POLE MNT

78 $350.00 $87.50 $6,825.00
L5M Mobile System
Purchase

12 VSM-44901

CAM-MNT-FLAT-ASSY-SET

FLAT CAM MNT SET

20 $150.00 $0.00 $0.00
13 CDMS-HWW

MOBILE LPR CAMERA KIT

EXTENDED HARDWARE

WARRANTY - VALID FROM

STANDARD WARRANTY

EXPIRATION

20 4 YEARS

$1,680.00 $0.00 $0.00
14 VS-DLF-01

DEVICE LICENSE FEE

20 5 YEAR

$2,374.80 $0.00 $0.00
15 VSB-54095

CDM-4-2234L5M 8 8 12 16
L5M CAM W VLP

5 $14,000.00 $0.00 $0.00
16 HRDWR-INST-SS

HARDWARE

INSTALLATION MOBILES

1 $15,918.24 $13,530.50 $13,530.50
Miscellaneous Items

17 VSB-50876

VSF-025-L5F-L5F 25MM

FXD KIT W CBL

4 $6,495.00 $0.00 $0.00
18 VSM-56160

LINUX COMMS BOX USING
VIP5211

4 $3,295.00 $0.00 $0.00
Subtotal
$1,768,125.54
Total Discount Amount
$772,077.76
Estimated Tax

$56,626.19
Grand Total
$1,052,673.97(USD)
QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800Page 3 133 Pricing Summary
Payment Term Upfront Sale Price
Upfront Costs*
$224,673.38
Upfront Subscription Fee
Fixed / Dual LPR System
Purchase Annually $160,826.88
L5M Mobile System Purchase Annually $0.00
Sub Total: $385,500.26
Payment Term Sale Price Annual Sale Price
Year 2 Subscription Fee
Fixed / Dual LPR System
Purchase Annually $160,826.88 $160,826.88
L5M Mobile System Purchase Annually $0.00 $0.00
Year 3 Subscription Fee
Fixed / Dual LPR System
Purchase Annually $160,826.88 $160,826.88
L5M Mobile System Purchase Annually $0.00 $0.00
Year 4 Subscription Fee
Fixed / Dual LPR System
Purchase Annually $160,826.88 $160,826.88
L5M Mobile System Purchase Annually $0.00 $0.00
Year 5 Subscription Fee
Fixed / Dual LPR System
Purchase Annually $128,066.88 $128,066.88
L5M Mobile System Purchase Annually $0.00 $0.00
Sub Total: $610,547.52
Grand Total System Price (Inclusive of Upfront and Annual Costs) $996,047.78 *Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Notes:
●   The Pr
icing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced. ● This quote contains items with approved price exceptions applied against them.

● • This Quote is subject to the terms and conditions of the Motorola Solutions Customer Agreement ("MCA") located at the following web address: https://www.motorolasolutions.com/en_us/about/legal/us_terms.html .

Fontana Police Department may accept this Quote by providing Motorola with a signed purchase order that specifically references "PO is subject to Motorola's Quote-3448566 and the terms and conditions of the MCA linked in Quote-3448566."
• The Contract Price in U.S. dollars is $1,052,673.97
• Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the Upfront Costs and Year 1 Subscription fee will be in accordance with the following milestones.

1. 50% of the Contract Price due upon Contract Execution (due upon effective date); and

2. 50% of the Contract Price due upon Final Acceptance. • For Years 2-5 Subscription fee and optional maintenance (if elected for purchase) Motorola will invoice Customer annually in advance of each year of the plan. • If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
• Due to significant market and tariff volatility, as well as fluctuations in the cost of energy and raw materials including, but not limited to, steel, copper, finished wood, and concrete, Motorola Solutions reserves the right to equitably adjust the contract price, completion schedule, and/or contract QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

requirements. Additionally, Motorola Solutions reserves the right to apply a fuel surcharge to quoted freight rates based on the prevailing diesel cost at the time of shipment. • Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800Page 6 136 L5M MOBILE SYSTEM SOLUTION DESCRIPTION
L5M MOBILE SYSTEM
The L5M Mobile Camera System stands out with its industry-leading image sensor, delivering unparalleled low-light performance and precise license plate, make and model recognition. Its global shutter ensures clear capture of high - speed vehicles, while its seamless integration with our advanced software suite, VehicleManager, enables comprehensive data analysis and robust management tools, setting a new standard for law enforcement and security operations.

Key Features and Benefits:
 Superior Detection Capabilities: The L5M Mobile System leverages dual high-quality color and infrared (IR) sensors with dedicated lenses and IR illumination, ensuring the clarity of license plates even at speeds up to 150 MPH. AI-powered make and model identification and ONVIF-compliant video streaming enhance data accuracy and breadth.
 Enhanced In-Car User Experience: CarDetector Mobile software provides audio and visual alerts for hot- listed vehicle detections and allows seamless, in-car investigations. The interface is designed for a familiar, efficient user experience and integrates seamlessly with other Motorola products.  Flexible Deployment Options: The L5M Mobile System can be configured with various lenses for 4 to 85- foot scan distances and mounted in multiple positions on vehicles. The VIP processor supports up to four cameras, enabling continuous scanning at up to 60 FPS. Quick activation via CarDetector Mobile and constant connectivity with GPS and LTE ensure reliable performance.  Durable and Low Maintenance: IP68-rated for harsh conditions, the L5M Mobile System withstands shock, vibration, extreme temperatures, and inclement weather. It is designed for year-round use and includes automatic updates to ensure the latest features and optimal performance.  Advanced-Data Management: Integrating with VehicleManager, the L5M Mobile System facilitates detailed searches, hot list management and advanced analytics on billions of LPR records. The system offers transformative vehicle location intelligence while maintaining industry-leading data control and program success security standards.
 High-Speed, High-Traffic Performance: Designed for high-speed, high-traffic environments, the L5M Mobile System captures precise, reliable license plate data, enhancing the effectiveness of law enforcement and security operations.

Deploy the L5M Mobile System to enhance your LPR capabilities with superior image quality, f lexible deployment, and advanced data management and analytics, ensuring reliable performance in any environment.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

137
L5F SOLUTION DESCRIPTION
L5F CAMERA SYSTEM
The L5F License Plate Recognition Camera System sets a new standard in precision scanning for high-speed, high-traffic roadways, capturing clearer images at greater distances than ever. With state-of-the-art sensors and seamless integration with VehicleManager or VehicleManager Enterprise, the L5F provides a comprehensive fixed solution that delivers real-time alerts, comprehensive searches, and advanced analytics, enhancing community safety and generating revenue.

Key Features and Benefits:
 Enhanced Image Quality: Equipped with advanced color and infrared sensors, the L5F captures crystal-clear scans in bright and low-light conditions at over 30 frames per second per sensor, ensuring reliable performance in various environmental conditions.
 Versatile Deployment: The L5F offers a wide array of focal length options and an IP67 rating, allowing it to be deployed in diverse and challenging locations. This ensures consistent high-quality data collection wherever it's needed.
 Comprehensive Data Management: Easily create and manage hotlists and receive immediate notifications and alerts. The L5F simplifies system management and provides comp rehensive searching and reporting capabilities, making it easier to locate vehicles of interest.  Advanced Software Integration: Seamlessly pair the L5F with VehicleManager for law enforcement, VehicleManager Enterprise for enterprise solutions or ClientPortal for parking. These integrations offer advanced vehicle location analytics, parking enforcement tools, secure data sharing, and third -party integration, maximizing the utility of your LPR data.
 High-Speed, High-Traffic Performance: Designed to perform on high-speed, high-traffic roadways, the L5F ensures accurate and reliable license plate recognition, even in fast-paced environments, providing crucial data for safety and enforcement purposes.
 Reliable and Durable: With its IP67 rating, the L5F is built to withstand harsh weather conditions and challenging environments, ensuring long-term reliability and minimal maintenance.

Deploy the L5F to elevate your LPR capabilities with a system designed for superior image quality, versatile deployment, and advanced data management and analytics
QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

138

LICENSE PLATE RECOGNITION TECHNOLOGY STATEMENT OF WORK

OVERVIEW
This Statement of Work (SOW) outlines the responsibilities of Motorola Solutions, Inc. (Motorola) and the Customer for the implementation of fixed or mobile License Plate Recognition (LPR) technology(s) and your License Plate Recognition Technology solution, if Deployment or Installation Services are purchased as part of the Contract. For the purpose of this SOW, the term “Motorola” may refer to our affiliates, subcontractors, or certified third-party partners. A third-party partner(s) (Motorola-certified installer) will work on Motorola’s behalf to install your License Plate Recognition Technology system(s) (if applicable).

This SOW addresses the responsibilities of Motorola and the Customer that are relevant to the implementation of the hardware and software components listed in the Solutions Description. Any changes or deviations from this SOW must be mutually agreed upon by Motorola and the Customer and will be addressed in accordance with the change provisions of the Contract. The Customer acknowledges any changes or deviations from this SOW may incur additional cost.

Motorola and the Customer will work to complete their respective responsibilities in accordance with the Project Schedule. Any changes to the Project Schedule must be mutually agreed upon b y both parties in accordance with the change provisions of the Contract.

Unless specifically stated, Motorola will perform the work remotely. The Customer will provide Motorola personnel with access to their network and facilities so Motorola is able to fulfill its obligations. The Customer is responsible for acquisition and use of a remote access tool that complies with the regulations controlling use of the remote access tool. All work will be performed during normal business hours based on the Customer’s time zone (Monday through Friday from 8:00 a.m. to 5:00 p.m.).

The number and type of software subscription licenses, products, or services provided by Motorola are specifically listed in the Contract and referenced in the SOW. Services provided under thi s SOW are governed by the mutually executed Contract between the parties, or Motorola’s Master Customer Agreement and applicable addenda (“Contract”).

AWARD, ADMINISTRATION, AND PROJECT INITIATION
Project Initiation and Planning will begin following the execution of the Contract between Motorola and the Customer. At the conclusion of Project Planning, Motorola’s Project Manager (PM) will begin status meetings and provide status reports on a regular cadence with the Customer’s PM. The status report will provide a summary of activities completed, activities planned, progress against the project schedule, items of concern requiring attention, as well as, potential project risks and agreed upon mitigation actions.

Motorola utilizes Google Meet as its teleconference tool. If the Customer desires to use an alternative teleconferencing tool, any costs incurred from the use of this alternate teleconferencing tool will be the responsibility of the Customer.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

139

FBI-CJIS SECURITY POLICY – CRIMINAL JUSTICE INFORMATION CJIS Security Policy Compliance
Motorola does not believe our LPR and License Plate Recognition Technology offerings require compliance with the FBI-CJIS Security Policy (CJISSECPOL) based on the definition in Section 4 of CJISSECPOL and how the FBI-CJIS defines Criminal Justice Information. However, Motorola does design its products with the CJISSECPOL security controls as a guide. Motorola’s LPR system design and features support best practice security controls and policy compliance. In the event of a CJIS technical audit request, Motorola will support the Customer throughout this process.

Personnel Security – Background Screening
Motorola will assist the Customer with completing the CJIS Security Policy Section 5.12 Personnel Security related to authorized personnel background screening when requested to do so by the Customer. Based on Section 5.12, a Motorola employee is defined as someone who is required to be on the Customer’s property with unescorted access. Motorola employees will also have access to the Customer’s network(s) and stored information. Motorola has remote access tools to support virtual escorted access to on -premises customer assets.

Additionally, Motorola performs independent criminal background investigations including name based background checks, credential and educational vetting, credit checks, U.S. citizen and authorized worker identity verification on its employees.

Motorola will support the Customer in the event of a CJIS audit request to validate employees assigned to the project requiring CJIS Section 5.12 Personnel Security screening and determine whether this list is up to date and accurate. Motorola will notify the Customer within 24 hours or next business day of a personne l status change.

Security Awareness Training
Motorola requires all employees who will support the Customer to undergo Level 3 Security Awareness Training provided by Peak Performance and their CJIS online training platform. If the Customer does not have ac cess to these records, Motorola can facilitate proof of completion. If the Customer requires additional and/or separate training, Motorola will work with the Customer to accommodate this request at an additional cost.

CJIS Security Addendum
Motorola requires all employees directly supporting the Customer to sign the CJIS Security Addendum if required to do so by the Customer.

Third Party Installer
The Motorola-certified third party installer will work independently with the Customer to complete the Section 5.12 Personnel Security checks, complete Security Awareness Training and execute the CJIS Security Addendum.

COMPLETION CRITERIA
The project is considered complete once Motorola has completed all responsibilities listed in this SOW. The Customer’s task completion will occur based on the Project Schedule to ensure Motorola is able to complete all tasks without delays. Motorola will not be held liable for project delays due to incomplete Customer tasks.

QUOTE-3448566

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

140
The Customer must provide Motorola with written notification if they do not accept the completion of Motorola responsibilities. Written notification must be provided to Motorola within ten (10) business days of task completion.

The project will be deemed accepted if no written notification is received within t en (10) business days.

In the absence of written notification for non-acceptance, beneficial use will occur thirty (30) days after functional demonstration of the system.

SUBSCRIPTION SERVICE PERIOD
If the contracted system includes a subscription, the subscription service period will begin upon the Customer’s receipt of credentials for access. The provision and use of the subscription service is governed by the Contract.

PROJECT ROLES AND RESPONSIBILITIES OVERVIEW
Motorola Project Roles and Responsibilities (if applicable) The Motorola Project Team will be assigned to the project under the direction of the Motorola Project Manager.

Each team member will be engaged in different phases of the project as necessary. Some team members will be multi-disciplinary and may fulfill more than one role.

In order to maximize effectiveness, the Motorola Project Team will provide various services remotely by teleconference, web-conference, or other remote method in order to fulfill our commitments as outlined in this SOW.

Our experience has shown customers who take an active role in the operational and educational process of their system realize user adoption sooner and achieve higher levels of success with system operation. The subsections below provide an overview of each Motorola Project Team Member.

Project Manager (PM)
The PM will be the principal business representative and point of contact for Motorola. The PM’s responsibilities may include but are not limited to:
 Manage Motorola responsibilities related to the delivery of the project.  Maintain the Project Schedule, and manage assigned Motorola personnel, subcontractors, and suppliers as applicable.
 Coordinate schedules of assigned Motorola personnel, subcontractors, and suppliers as applicable.  Maintain project communications with the Customer.
 Identify and manage project risks.
 Coordinate collaboration of Customer resources to minimize project delays.  Evaluate project status against Project Schedule.
 Conduct status meetings on mutually agreed upon dates to discuss project status.  Provide timely responses to Customer inquiries and issues related to project progress.  Conduct status calls with the Customer throughout the Project up to and including Go-Live.

System Technologist
The System Technologist (ST) will work with the Customer’s Project Team on:
 Camera programing
 Camera alignment
QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

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 Licensed Software Training
 Develop and submit Start Up and Commissioning Sign Off (SSU&C) Technical Trainer / Instructor
The Technical Trainer / Instructor provides training in accordance with the Training Plan provided to the Customer.

Motorola-Certified Installer
The Motorola-certified installer is primarily responsible for installing in-car and fixed LPRs. There are specific requirements the 3rd party partner must meet in order to be considered a Motorola-certified installer, and they include (but are not limited to) the following:

Required Training
 SSU&C Onsite Training
- Included Certification testing completed and passed
 Networking (must meet one of the following three requirements) - CompTia Network + Certification
- Networking Degree in IT
- Basic Networking RDS003
 ASE Certification for Mobile Installers
 Electrical Certification
- Electrical Certification/Permitting
 Low Voltage Certification
 High Voltage Certification
 Equipment Certification
- Bucket Truck Certification
- Any applicable testing equipment certification
Other responsibilities the Motorola-certified installer may be involved in include the fixed and/or mobile installation of cellular routers, wired networks, poles, trenching, and conduit runs as well as the manufacturing and/or service of trailers. These activities will only be completed by Motorola if Motorola quotes these services; otherwise, the completion of these services are solely the responsibility of the Customer.

Customer Support and Services Team
The Customer Support and Services Team will provide on-going support to the Customer following Go-Live and final acceptance of the project.

Customer Project Roles and Responsibilities (if applicable) Motorola has defined key resources that are critical to this project and must participate in all the activities defined in this SOW. During the Project Planning phase, the Customer will be required to provide names and contact information for the roles listed below. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer Project Team will be engaged from Project Initiation through Beneficial Use of the system. In the event the Customer is unable to provide the resources identified in this section, Motorola may be able to supplement these resources at an additional cost.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

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Project Manager
The PM will act as the primary point of contact for the duration of the project. In the event t he project involves multiple locations, Motorola will work exclusively with the Customer’s primary PM. The PM’s responsibilities will include, but are not limited to:
 Communicate and coordinate with other project participants.  Manage the Customer Project Team including subcontractors and third-party vendors. This includes timely facilitation of tasks and activities.
 Maintain project communications with the Motorola PM.  Identify tasks required of Customer staff that are outlined in this SOW and the Project S chedule.  Consolidate all project inquiries from Customer staff to present to Motorola PM.  Approve a deployment date offered by Motorola.
 Review Project Schedule with the Motorola PM and finalize tasks, dates, and responsibilities.  Measure and evaluate progress against the Project Schedule.  Monitor project to ensure resources are available as required.  Attend status meetings.
 Provide timely responses to issues related to project progress.  Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers.  Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date.
 Ensure Customer vendors’ readiness ahead of the deployment date.  Assign one or more personnel to work with Motorola staff as needed for the duration of the project, including one or more representatives from the IT department.
 Identify a resource with authority to formally acknowledge and approve milestone recognition certifica tes, as well as, approve and release payments in a timely manner.  Provide Motorola personnel with access to all Customer facilities where system equipment is to be installed.

Temporary identification cards are to be issued to Motorola personnel, if require d for access.  Ensure remote network connectivity and access for Motorola resources, if applicable to the solution.  Assume responsibility for all fees pertaining to licenses, permits, inspections and any delays associated with inspections due to required permits as applicable to this project.  Provide reasonable care to prevent equipment exposure from contaminants that may cause damage to the equipment or interruption of service.
 Ensure a safe working environment for Motorola personnel.  Identify and manage project risks.
 Provide signature(s) of Motorola-provided milestone recognition certificate(s) within ten (10) business days of receipt.

IT Support
IT Support manages the technical efforts and ongoing activities of the Customer’s system. IT Support will be responsible for managing Customer provisioning and providing Motorola with the required information for LAN, WAN, server and client infrastructure.

The IT Support Team responsibilities include but are not limited to:
 Participate in delivery and training activities to understand the software and functionality of the system.  Participate with Customer Subject Matter Experts (SMEs) during the provisioning process and associated training.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

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 Authorize global provisioning decisions and be the Point of Contact (POC) fo r reporting and verifying problems.
 Monitor firmware updates
 Implement changes to Customer infrastructure in support of the proposed system.

Agency Manager
The Agency Manager will act as the primary POC upon project completion.  Push internal requests for updates through appropriate channels  Monitor all firmware updates and all other security measures for physical hardware as required by the Customer internal policies
 Administer users
 Audit reports
 Manage Hotlist and Hotlist functionality
 Attend Agency Manager training
 Oversee or act as the training POC
 Ensure all Authorized Users are aware of usage restrictions and any applicable terms related to the use of the LPR System
 Controls appropriate use and data storage policies as well as procedures for the da ta maintained outside the LPR system. This includes when any information is disseminated, extracted or exported out of the LPR system
 Controls and is responsible for developing the policies, procedures, and enforcement for applying deletion/purging and dissemination rules to information within and outside of the LPR system.  Ensure data and system protection strategies are accomplished through the tools provided by Motorola for account and user management features along with audit and alert threshold feature s.

Subject Matter Experts (SMEs)
SMEs are a core group of users involved with the analysis, training and implementation process. The SMEs should be experienced users in their own respective field (evidence, dispatch, patrol, etc.) and should be empowered by the Customer to make decisions based on workflows and department policies related to the proposed system.

General Customer Responsibilities (If Applicable)
In addition to the Customer responsibilities listed above, the Customer is responsible for the fo llowing:
 Customer Site. If the Solution is to be installed at a Customer location (“Site”), the Solution will only be installed and/or evaluated at the Customer sites identified.  Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. This includes, but is not limited to providing a traffic safety plan to facilitate the safe deployment of all Equipment that is installed on, over, or near Sites with active roadways. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void. The Equipment used for the Services will only be located at such site.
 If the Solution is to be accessed remotely, Customer will only access Solution in the manner described by Solution documentation or as otherwise instructed by Motorola.

QUOTE-3448566
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.