Fontana City Council
July 14, 2026

Tuesday, July 14, 2026
2:00 PM
City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1994 Reso. No. 2026-069
Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda July 14, 2026
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Steelworker's 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 Steelworker's 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.

The City provides automated live translation services during City Council meetings. To request additional language assistance, please contact the City Clerk's Office at (909) 350-7602.

La Ciudad ofrece servicios automatizados de traducción en vivo durante las reuniones del Concejo Municipal. Para solicitar asistencia adicional en otros idiomas, comuníquese 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 Steelworker's Auditorium. All bags are subject to search. Face masks are prohibited in the Steelworker's Auditorium, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Steelworker's 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.

CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS/CEREMONIAL
A. Special Presentations/ Ceremonial
A. Presentation of Miss Fontana Court 26-1122
B. Mayor Warren and City Council to proclaim August 4, 2026, as National Night Out (Police Chief Michael Dorsey to
26-1136

2 City Council Meeting Regular Agenda July 14, 2026
accept).

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 26-1117
Approve the minutes of June 23, 2026, Regular City Council Meeting.

Attachment No.1- City Council Meeting Minutes
06-23-2026.pdf
Attachments:

B. Adoption of Ordinance No. 1993 (Second Reading),
authorizing adoption of new or increased sewer services fees by Resolution, and taking certain other actions
relating thereto.
26-1112
Conduct a second reading by title only and adopt, Ordinance No. 1993, authorizing adoption of new or increased sewer services fees by Resolution, and taking certain other actions relating thereto.

Attachments: Attachment No. 1- Ord.No.1993
C. Final Acceptance of the Bus Pad (Transit Stop
Improvements) TDA 2023 Project (DE-25-182-CC)
26-1070
Accept as complete the work performed by Gentry General Engineering, Inc. for the construction of the Bus Pad (Transit Stop Improvements) TDA 2023 Project (DE-25-182-CC).

Attachment No. 1 - Vicinity Map.pdf
Attachment No. 2 - Project Completion Memo.pdf
Attachments:

3 City Council Meeting Regular Agenda July 14, 2026
D. Purchase and Sale Agreement between the City of Fontana and San Bernardino County Transportation Authority for
the Acquisition of a Portion of Assessor’s Parcel Number 0191-291-19-0000
26-1094

1. Approve a Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fontana and San Bernardino County Transportation Authority for the acquisition of approximately 6,194 square feet of real property identified as a portion of Assessor’s Parcel Number 0191-291-19 -0000, for a purchase price of $111,000, plus escrow costs and related acquisition fees.

2. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Attachment No. 1 - [DRAFT] PSA_26-1003392.pdf
Attachment No. 2 - VICINITY MAP.pdf
Attachment No. 3 - Executive Summary Appraisal
Report_Metrolink Station Round 2.pdf
Attachments:

E. Authorize Operating funding to the Stage Red Enterprise Fund
26-1102

1. Approve funding for operating expenses to ASM Global in an amount not to exceed $1,685,413.

2. Amend the Memorandum of Understanding (MOU) for the inter-city loan between the City of Fontana General Fund, Capital Reinvestment (Fund 601), and the Stage Red Enterprise Fund, increasing the loan by $1,685,413 from $2,064,587 to $3,750,000.

Attachments: Attachment No. 1- MOU 7.14.26 Stage Red.docx F. Award a Construction Contract for the West End Regional Navigation Center Project (Bid No. DE-26-222-SB)
26-1103

1. Approve and authorize the City Manager to award and enter into a construction contract not to exceed $14,620,100 that includes a 10% contingency with the lowest responsible/responsive bidder for the construction of the West End Regional Navigation Center Project (Bid No.

DE-26-222-SB).

2. Appropriate $4,200,000.00 from fund 604 (Transitional Use Tax) to Project No. 37600084, West End Regional Navigation Center Project.

Attachment No. 1 - Vicinity Map.pdf
Attachment No. 2 - Bid Results.pdf
Attachment No. 3 - Bid Detail.pdf
Attachments:

4 City Council Meeting Regular Agenda July 14, 2026
G. Approve Amendment No. 1 to the Main Extension Contract with San Gabriel Valley Water Company
26-1104

1. Approve and authorize the City Manager to enter into Amendment No. 1 to the Main Extension Contract with San Gabriel Valley Water Company in the amount of $195,000.00.

2. Approve and authorize the City Manager to enter into future Amendments to the Main Extension Contract with San Gabriel Valley Water Company not to exceed $100,000.00.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - SGVW Cost Increase Letter
Attachments:

H. Approve Amendment No. 4 to Task Order No. 4 for Design Services with KOA, a Lochner Company, for the Sierra
Avenue at Riverside Avenue Traffic Signal Project
(SQ-87-DE-19)
26-1105

1. Approve and authorize the City Manager to enter into Amendment No. 4 to Task Order No. 4 with KOA, a Lochner Company, for the Sierra Avenue at Riverside Avenue Traffic Signal Project in the amount of $145,570.00, for a total task order amount of $293,470.00.

2. Authorize the City Manager to enter into any future amendments to the Task Order not exceeding $100,000.00.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - KOA A Lochner Company Scope and
Fee Proposal.pdf
Attachments:

I. Award a Task Order for Geotechnical Observation,
Materials Testing, and Special Inspection Services for Fire Station No. 80 - Training Center Project (Bid No.

DE-24-195-SQ-16)
26-1106

1. Approve and authorize the City Manager to enter into the Task Order with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Observation, Materials Testing, and Special Inspection services for the Fire Station No. 80 - Training Center Project (Bid No. DE-24-195-SQ-16) in the amount of $395,605.00.

2. Approve and authorize the City Manager to enter into future amendments to the Task Order for Geotechnical Observation, Materials Testing, and Special Inspection services for Fire Station No. 80 - Training Center Project not to exceed $100,000.00.

Attachment 1 - Vicinity Map
Attachment 2 - Ninyo and Moore, A Socotec Company
Proposal.pdf
Attachments:

J. Approve and Authorize the City Manager to enter into a 26-1107

5 City Council Meeting Regular Agenda July 14, 2026
Maintenance Agreement to Establish Maintenance
Obligations and Certain Rights Incidental to the Public Right-of-Way with HDO4, LLC
Approve and authorize the City Manager to enter into a Landscape Maintenance Agreement to establish maintenance obligations and certain rights incidental to the public right-of-way along John Previti Avenue and Citrus Avenue.

Attachment No. 1- Ventana PA 2 Maintenance
Agreement.pdf
Attachment No. 2- Vicinity Map.pdf
Attachments:

K. Approve the purchase order to Oriental Trading Company to support materials/supplies for the Fontana Expanded
Learning Program’s school sites.
26-1108

1. Authorize to procure Teaching Aids: Instructional and Classroom Supplies utilizing the Purchasing Policy and Procedure Manual Section 3.1.5 Non-Competitive Proposal - Purchased by Another Agency.

2. Authorize Purchasing Division to procure and use the Education Services Center, Region 2 Agency Contract 26-27 E000 to purchase the Instructional and Classroom Supplies.

3. Authorize the purchase order to Oriental Trading Company for FY 2026/2027 in the amount of $200,000 to support materials/supplies for the Fontana Expanded Learning Program’s school sites.

Attachments: Attachment No. 1 - Award Letter.pdf
L. Approve the purchase order of Millu curriculum to support the Fontana Expanded Learning Program’s school sites.
26-1109

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

2. Approve the purchase order in the amount of $144,172.31 with Millu curriculum to support character and social emotional development enrichment for the Fontana Expanded Learning Program’s school sites.

Attachment No. 1- City of Fontana x MILLU Uniqueverse
Quote.pdf
Attachments:

M. Approve a contract with Active Education to support
physical education component for the Fontana Expanded
Learning Program’s school sites.
26-1110

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

6 City Council Meeting Regular Agenda July 14, 2026

2. Approve a contract in the amount of $180,180.00 with Active Education to support physical education component for the Fontana Expanded Learning Program’s school sites.

3. Authorize the City Manager to enter into the agreement and any future amendments.

Attachments: Active Ed Contract Draft.pdf
N. Approve Task Order for Engineering Design Services for the O’Day Short Elementary Safe Routes to School Project 26-1111

1. Approve and authorize the City Manager to enter into a Task Order in a not-to-exceed amount of $106,798.20 with Onward Engineering for Engineering Design Services for the O’Day Short Elementary Safe Routes to School Project, Request for Proposals DE-24-195-SQ-15.

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order in a not-to-exceed amount of $100,000.00.

3. Authorize the City Manager to enter into any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the O’Day Short Elementary Safe Routes to School Project.

Attachment No. 1- Vicinity Map
Attachment No. 2- Rank Matrix
Attachment No. 3- Onward Engineering - Technical Proposal Attachment No. 4- Onward Engineering - Fee Proposal
Attachments:

O. Declaring Surplus Land - Property located at Arrow Blvd & Tokay Ave (APN 0232-171-17)
26-1113

1. Approve Resolution No. 2026-069, declaring that the City-owned property on Arrow Blvd & Tokay Ave (Assessor’s Parcel Number 0232- 171-17) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.

Attachment No. 1- RESOLUTION SURPLUS LAND ACT
[APN 0232-171-17].doc
Attachment No. 2- Notice of Availability.Offer to Sell Surplus Property.docx
Attachments:

P. Police Department Monthly Information Update for April 2026
26-1115
Accept the Police Department monthly information update for April 2026.

7 City Council Meeting Regular Agenda July 14, 2026
Attachments: April 2026 Report for City Council Rev2.pptx Q. Police Department Monthly Information Update for May 2026
26-1116
Accept the Police Department monthly information update for May 2026.

Attachment No. 1- May 2026 Report for City Council
Rev2.pptx
Attachments:

R. Approve Amendment No. 6 to the Professional Services Agreement for Architectural Design Services for the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP) 26-1121
Approve and authorize the City Manager to enter into Amendment No. 6 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $324,890.00, for a total contract amount of $3,119,200.00.

Attachment No. 1 - Vicinity Map.pdf
Attachment No. 2 - [DRAFT] SILLMAN Amendment No. 6
(DE-24-147-SP; 2026-6-24).pdf
Attachments:

S. Annual Placement of Sewer Charges on the Property Tax Rolls
26-1127
Adopt Resolution No. 2026-070, of the City Council of the City of Fontana, California, directing the placement of sewer charges on the property tax bills for collection.

Attachments: Attachment No. 1- Sewer Resolution 2025.docx T. Measure I Five Year Local Street Capital Improvement Program Annual Adoption
26-1120
Adopt Resolution No. 2026-071, approving an amendment to the Fiscal Years 2025/2026-2029/2030 Measure I Five Year Local Streets Capital Improvement Program (CIP) adopting the Measure I Five Year Local Streets Capital Improvement for Fiscal Years 2026/2027-2030/2031.

Attachment 1- Resolution 2026-071
Attachment 2- 2026-2030
CIP_Report_Amendment_Attachment A
Attachment 3- 2027-2031 CIP_Report_Attachement B
Attachments:

U. Approve Purchase of Closure Intelligence AI Software 26-1131

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies and Procedure Manual 3.1.5 for Single/Sole Source method.

8 City Council Meeting Regular Agenda July 14, 2026

2. Authorize the purchase and installation of the Closure Intelligence AI Software

3. Approve and authorize the City Manager or his assigned designee to execute documents related to the purchase of Closure Intelligence, Inc.

AI software
Attachment No. 1- Closure Intelligence Contract - Draft.pdf Attachment No. 2- Closure Sole Source Letter.pdf
Attachments:

V. Annual Placement of Nuisance Abatement Charges on the Property Tax Rolls
26-1137
Adopt Resolution No. 2026-072, of the City Council of the City of Fontana, California, directing the placement of Nuisance abatement charges on the property tax bills for collection for FY2026/2027.

Attachments: Attachment 1- Nuisance Resolution.docx
W. Annual Placement of Weed Abatement Charges on the
Property Tax Rolls
26-1139
Adopt Resolution No. 2026-073, to replace and repeal Resolution No. 2025-041 of the City Council of the City of Fontana, California, directing the placement of weed abatement charges on the property tax bills for collection.

Attachments: Attachment No. 1- Weed Abatement Resolution 2025.docx X. Annual Placement of Rubbish Charges on the Property Tax Rolls
26-1140
Adopt Resolution No. 2026-074, of the City Council of the City of Fontana, California, directing the placement of rubbish charges on the property tax bills for collection.

Attachments: Attachment No. 1 -Rubbish Resolution .docx Y. Resolution of Consideration to Change the Rate and
Method of Apportionment of the Existing Special Tax of
Community Facilities District No. 117 (Southridge)
26-1142
Adopt Resolution No. 2026-075, of the City Council of the City of Fontana, California, of Consideration to Change the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge).

Attachment No. 1- Resolution of Consideration
Attachment No. 2- Exhibit A - Amended RMA
Attachment No. 3- - Petition Requesting Commencement of Change Proceedings.pdf
Attachments:

9 City Council Meeting Regular Agenda July 14, 2026
Z. Second Amendment to Option and Purchase and Sale
Agreement for City owned property
26-1143

1. Approve the Second Amendment to the Option and Purchase and Sale Agreement with SA Golden Investments, Inc., for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,600 square feet, more specifically described as APNs 0191-163-26, 0191-163-17, and 0191-163-16

2. Authorize the City Manager to enter into any documents necessary or appropriate to effectuate said approvals and/or agreement, including any related financing or subordination documents required to effectuate the close of escrow and development of the property.

Attachment No. 1- SECOND AMENDMENT TO REAL

ESTATE OPTION AND PURCHASE AND SALE
AGREEMENT- SA GOLDEN_BBKedits-c2.docx
Attachments:

AA. Authorization to Join the California JPIA Local Government Liability Reform Coalition
26-1145

1. Authorize the City of Fontana to join the California Joint Powers Insurance Authority (California JPIA) Local Government Liability Reform Coalition; and

2. Authorize the use of the City's logo on coalition materials by approving the attached authorization form.

Attachment No. 1- California JPIA Coalition Authorization Form
Attachment No. 2- Coalition Letter to Legislature.pdf
Attachment No. 3- Case-Studies.pdf
Attachments:

AB. Adoption of Comprehensive Capital Improvement Plan 26-1146 Adoption of Comprehensive Capital Improvement Plan
Attachments: Attachment No. 1- DIF Needs List 07.06.2026.pdf AC. Resolution of the City Council of the City Of Fontana, California Approving and Adopting the Fontana Business
Assistance Loan Program and Guidelines
26-1147

1. Consideration of Resolution No. 2026-079, to approve and adopt the implementation of the Fontana Business Assistance Loan Program, subject to Guidelines and attachments.

2. Determination that the City Council’s actions are not subject to and otherwise exempt from the California Environmental Quality Act

10 City Council Meeting Regular Agenda July 14, 2026
(“CEQA”).

Attachment No. 1- FONTANA BUSINESS ASSISTANCE
LOAN PROGRAM RESOLUTION.docx
Attachment No. 2- FONTANA BUSINESS ASSISTANCE
LOAN PROGRAM GUIDELINES FINAL.docx
Attachments:

PUBLIC HEARINGS:

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

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. First General Plan Amendment and Project for the 1st General Plan Cycle of 2026; Master Case (MCN) No.
23-000034 & Master Case (MCN) No. 23-000044: General
Plan Amendment (GPA) No. 23-000002, Specific Plan
Amendment (SPA) No. 23-000002, Tentative Tract Map No.
20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23-000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement (AGR) No. 23-000012 - A Request to Amend the
General Plan Land Use Designation for an Approximately

9.3-Acre Site Located at the Northwest Corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52) from
Residential Planned Community (R-PC) to General
Commercial (C-G), to Amend The Arboretum Specific Plan
to Modify Allowed Land Uses and Reconfigure Planning
Areas and Park Sites, for Site and Architectural Review of a Proposed Commercial Center Consisting of 69,617 Square
Feet of Commercial Development (49,362 Square Foot
Grocery Store With a 13,017 Square Foot Inline Shop
Building, 9,544 Square Foot Pad Building, and a 3,694
Square Foot Drive Thru Restaurant), For a Conditional Use 26-1043

11 City Council Meeting Regular Agenda July 14, 2026
Permit For the Sale of Alcohol For Off-Site Consumption in Conjunction With the Proposed Grocery Store, For A
Tentative Tract Map to Reconfigure and Parcelize the
Remaining Planning Areas and Park Sites in the Specific Plan Area, For a Tentative Parcel Map to Subdivide the
Retail Center, and to Amend The Arboretum Specific Plan Development Agreement to Reflect Modified Land Uses in
the Specific Plan, Pursuant to an Addendum to the
Arboretum Specific Plan Environmental Impact Report...En

1. Adopt Resolution No. 2026-076 (General Plan Amendment Cycle No. 1 of 2026) a Resolution of the City Council of the City of Fontana approving, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report (State Clearinghouse [SCH} No. 2006071109), General Plan Amendment No. 23-000002 Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008), Design Review No. 23-000011, and Conditional Use Permit Mo. 23- 000005 for the property identified by Assessor’s Parcel Number 0239-081 -52, including amendments to exhibit 15.8 and 15.9 in chapter 15 of the General Plan, subdivision of the property, site and architectural approval of a 69,617 square foot commercial center, and a Conditional Use Permit authorizing the sale of alcohol for off-site consumption in connection with a grocery store at the commercial center; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1994, an Ordinance of the City Council of the City of Fontana, approving pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report, Specific Plan Amendment No. 23-000002, an amendment to the Arboretum Specific Plan to modify permitted land uses and to reconfigure planning areas and park sites; and that the reading of the title constitutes the first reading thereof; and

3. Read by title only and waive further reading of and introduce Ordinance No. 1995, an Ordinance of the City Council of the City of Fontana, approving, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report, a third amendment to the Arboretum Specific Plan Development Agreement; and that the reading of the title constitutes the first reading thereof.

12 City Council Meeting Regular Agenda July 14, 2026
Attachment No. 1 - Resolution for General Plan Amendment, Tentative Tract Map, Tentative Parcel Map, Design Review and Conditional Use Permit and Adoption of the Addendum to Arboretum Specific Plan EIR
Attachment No. 2 - Ordinance for Specific Plan Amendment Attachment No. 2A - Exhibit A to Specific Plan Amendment Ordinance
Attachment No. 3 - Ordinance for Amendment to the
Arboretum Specific Plan Development Agreement
Attachment No. 4 - Planning Commission Packet
Attachment No. 5 - Planning Commission Minutes June 2,
2026
Attachment No. 6 - Public Hearing Notice
Attachments:

B. Master Case No. (MCN) 26-0004; Specific Plan Amendment (SPA) No. 26-0001; Conditional Use Permit (CUP) No.
26-0001; Conditional Use Permit (CUP) No. 26-0002;
Conditional Use Permit (CUP) No. 26-0003; Conditional Use Permit (CUP) No. 26-0011 and Design Review (DR) No.
26-0002: a request to amend the text of Planning Area 4 of the Ventana Specific Plan to add gas stations and
drive-throughs as conditionally permitted uses, a request to establish a gas station; a request to establish an
Alcoholic Beverage Control (ABC ) Type 20 (Beer & Wine, Off-Sale) license for a proposed convenience store as part of the gas station; a request to establish an Alcoholic Beverage Control (ABC) Type 21 License (General,
Off-Sale), and Type 86 ABC License (Sampling) for a
proposed grocery store, a request to establish a
drive-through use for a standalone building within the
proposed retail shopping center; a request to establish a drive-through use for a portion of a multi-tenant building, and a request for site and architectural review of a
commercial shopping center, on an 11.55 acre parcel,
located at APN: 1107-262-07, and -65, pursuant to an
addendum to the Ventana Specific Plan Final
Environmental Impact Report (SCH No. 2021100400).
26-1118

1. Adopt Resolution No. 2026-077, a Resolution of the City Council of the City of Fontana approving, pursuant to an Addendum to the Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan (SCH No. 2021100400), Conditional Use Permit No. 26-0001 to establish a gas station and alcoholic beverage control type 20 beer and wine off-sale license for the convenience store as part of the gas station, Conditional Use Permit No. 26-0002 to establish an Alcoholic Beverage Control Type 21 general off-sale license and an Alcoholic Beverage Control Type 86 sampling license for a proposed grocery store,

13 City Council Meeting Regular Agenda July 14, 2026
Conditional Use Permit No. 26-0003 to establish a drive-through use for a standalone building, Conditional Use Permit No. 26-0011 to establish a drive-through use for a suite as part of a multi-tenant building, and approving Design Review Permit No. 26-0002 for development of a new 98,783 square foot retail shopping center and associated site improvements on approximately 11.55 gross acres located on the southwest corner of Duncan Canyon Road and John Previti Avenue, identified as Assessor’s Parcel Numbers 1107-262-07 and -65; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1996, an Ordinance of the City Council of the City of Fontana approving, pursuant to an Addendum to the Environmental Impact Report for the Ventana at Duncan Canyon Specific Plan (SCH No. 2021100400), Specific Plan Amendment No. 26-0001 to add gas station and drive through uses as conditionally permitted uses to Planning Area 4 of the Ventana at Duncan Canyon Specific Plan; and that the reading of the title constitutes the first reading thereof.

Attachment No. 1 - Resolution for Design Review and
Conditional Use Permits
Attachment No. 2 - Ordinance for Ventana Specific Plan
Amendment
Attachment No. 3 - Planning Commission Packet
Attachment No. 4 - June 16, 2026 PC Minutes
Attachment No. 5 - Public Hearing Notice
Attachment No. 6- Public Comment
Attachments:

C. Adopt Development Impact Fee Nexus Study and Updated Development Impact Fees
26-1017
Adopt Resolution No. 2026-078, adopting a Development Impact Fee Nexus Study, the findings contained therein, and revising the amount of Development Impact Fees to finance certain public facilities and taking certain other actions related thereto.

Attachment No. 1- Resolution Adopting Nexus Study and
DIF (2026)-c1.docx
Attachment No. 2- Development Impact Fee Nexus
Study.pdf
Attachments:

NEW BUSINESS:

A. New Business
A. Fiscal Year 2025-26 Fourth Quarter Budget Status Report 26-1097

1. Approve the recommended Fiscal Year 2025-26 Fourth Quarter Budget adjustments.

14 City Council Meeting Regular Agenda July 14, 2026

2. Authorize the City Manager or Designee to make necessary year-end budgetary and accounting adjustments to facilitate the fiscal year-end closing process not to exceed 5% of a fund’s total operating budget.

Fiscal Year 2025-26 Fourth Quarter Budget Status
Report.pdf
Attachments:

B. Transformative Climate Communities Program Application 26-1138

1. Consider the funding for the grant application submittal for three microgrid projects, specifically Don Day, City Civic Center and Jesse Turner Center and direct the City Manager, or City Manager’s designee, to enter into any agreements and documents necessary to advance the application.

2. Authorize the method to procure utilizing the Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal - (5) For renewable energy and energy efficiency projects.

City of Fontana Microgrid Engineering Proposal - Phase 1 2026-06-08.pdf
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
A. Discussion and Possible Action Regarding Appointment to Fill Vacancy on the Parks, Community and Human Services Commission
26-1123
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on July 28, 2026 at 2:00 p.m. in the Steelworkers' Auditorium located at 8437 Sierra Avenue, Fontana, California.

15 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1122 Agenda Date: 7/14/2026
Agenda #: A. Category: Special Presentation
Ceremonial Items
Tuesday, July 14, 2026
2:00 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 Page 1 of 1 Printed on 7/6/2026
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1136 Agenda Date: 7/14/2026
Agenda #: B. Category: Special Presentation
Proclamations
Tuesday, July 14, 2026
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter A. Garcia, Mayor Pro Tem
John B. Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Page 1 of 1 Printed on 7/6/2026
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1117 Agenda Date: 7/14/2026
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of June 23, 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 June 23, 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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City of Fontana
8437 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, June 23, 2026
2:00 PM
Steelworkers' Auditorium
8437 Sierra Avenue
Fontana, Ca. 92335
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
19

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, June 23, 2026.

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

ROLL CALL:

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

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

ABSENT: None
INVOCATION/PLEDGE OF ALLEGIANCE:

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

CEREMONIAL/ SPECIAL PRESENTATIONS:

A. Mayor Warren and City Council to recognize Corporal Dustin Mullins, Officers Nicholas Straka, Gavin Rivers & Jon Gearhart, and Lead Property Technician Yvonne Jimenez, Property Technicians Jeana Grantley, Roxana Ramirez, & Adriana Barajas and Community Service Officer David Martinez as April 2026 Employees of the month.

Mayor Warren and the City Council recognized Corporal Dustin Mullins, Officers Nicholas Straka, Gavin Rivers, and Jon Gearhart, and Lead Property Technician Yvonne Jimenez, Property Technicians Jeana Grantley, Roxana Ramirez and Community Service Officer David Martinez as April 2026 Employees of the month.

B. Mayor Warren and City Council to recognize Dispatch Call Taker Joslynn Perez as May 2026 Employee of the month.

Mayor Warren and the City Council recognized Dispatch Call Taker Joslynn Perez as the May 2026 Employee of the month.

C. Clean California Presentation
Marketing Specialist Ashley Martin announced that the City of Fontana received the Clean California Community designation, becoming the first city in San Bernardino County to earn the recognition. Mayor Warren congratulated staff and the community on 20

the achievement.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Theresa requested the City evaluate extending sewer service to their neighborhood and expressed concerns regarding ongoing code enforcement and cleanup issues on Laurel Street between Miller Avenue and Foothill Boulevard.

John Pedroza called for the removal of a Parks, Community and Human Services Commissioner, citing alleged misconduct during a police-involved incident resulting in a death, and referenced ongoing investigations and legal action related to the case.

Derrick Martinez introduced himself as the new district representative for Eloise Gómez Reyes and expressed his commitment to maintaining a strong partnership with the City of Fontana.

CONSENT CALENDAR:

Prior to the motion Mayor Warren addressed Item Q. and announced efforts by the City and County to reduce waste disposal costs for residents, including a reduction in landfill disposal fees and no CPI increase for residential trash rates this year. Mayor Warren thanked staff, County partners, and members of the Solid Waste Board for their efforts.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to approve Consent Calendar Items “A-T.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None A. Approval of Minutes 26-1083
Approve the minutes of June 9, 2026, Regular City Council Meeting.

B. Authorizing Sole Source Purchasing Practices of Econolite 26-0991 Traffic Equipment for the Highway Safety Improvement
Program (HSIP) TMS Signal Intersection Improvements
(HSIPSL-5307(037))

1. Authorize Engineering Department to procure Econolite Traffic Equipment for the Highway Safety Improvement Program (HSIP) TMS Signal Intersection Improvements (HSIPSL-5307(037)), in the amount of $1,171,480.00 and authorize a 10% contingency in the amount of $117,148.00, utilizing the Purchasing Policy and Procedure Manual Section 3.1.5 Non-Competitive Proposal - Sole Source.

2. Approve and authorize the City Manager to enter into any and all utility agreements, utility easements, installation, and subsequent agreements 21

on behalf of the City for the Highway Safety Improvement Program (HSIP) TMS Signal Intersection Improvements HSIPSL-5307(037).

C. Final Acceptance for the Demolition of 16756 and 16766 Arrow Blvd Project (PW-26-14-CC)26-1001
Accept as complete the work performed by Interior Demolition Inc. for the Demolition Project (PW-26-14-CC) of 16756 and 16766 Arrow Blvd and approve the final amount of $218,101.70.

D. Adopt a Resolution Updating and Renewing Authorization for 26-1015 Participation in the CalRecycle Tire Cleanup (TCU) Grant Program..End
Adopt Resolution No. 2026-054, Authorizing the submittal of any and all payment program applications offered by CalRecycle.

E. Approve a Development Impact Fee Credit Agreement for 26-1041 Parcel Map No. 20215
Approve and authorize the City Manager to enter into a Development Impact Fee Credit Agreement with CIVF VI - CA1W02, LLC, a Delaware limited liability company, for the construction of Sewer, Storm Drain, and Circulation for Parcel Map No. 20215.

F. Final Acceptance of Street and Sewer Improvements on 26-1044 Valencia Avenue for Tract No. 20546

1. Accept as complete the street and sewer improvements for Tract No. 20546, located along Valencia Avenue between Oleander Avenue and Cypress Avenue.

2. Adopt Resolution No. 2026-055, accepting sewer on Valencia Avenue for Tract No. 20546 as part of the City sewer system.

G. Award a Construction Contract for the City Sidewalk 26-1045 Reconstruction #3 Project (DE-26-167-SB)

1. Award bid and authorize the City Manager to enter into a construction contract with DT Stellar General Engineering for the construction of the City Sidewalk Reconstruction #3 Project in the amount of $808,161.00 and authorize a 25% contingency in the amount of $202,040.25 (DE-26- 167-SB).

2. Approve and authorize the City Manager to enter into any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for City Sidewalk Reconstruction #3 Project.

H. 2026-27 Statement of Investment Policy 26-1053
Adopt the City of Fontana Statement of Investment Policy for Fiscal Year 2026-27.

I. Acceptance of Final Map for Tract No. 18973 26-1058

1. Approve the Final Map for Tract No. 18973, located on the west side of 22

Date Street and north of Randall Avenue.

2. Accept dedication of a public easement.

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

J. Approve Task Order for Engineering Design Services with HR 26-1064 Green Pacific, Inc. for the SCE Undergrounding Acosta & Firebird Circuits Project (DE-24-195-SQ-14)

1. Approve and authorize the City Manager to enter into a Task Order in a not-to exceed amount of $607,710.00 with HR Green Pacific, Inc. for engineering design services for the SCE Undergrounding Acosta & Firebird Circuits Project (DE-24-195-SQ-14).

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order in a not-to-exceed amount of $100,000.00.

3. Authorize the City Manager to enter into any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the SCE Undergrounding Acosta & Firebird Circuits Project (DE-24- 195-SQ-14).

K. A Resolution of the City Council of the City of Fontana 26-1066 Approving a Development Impact Fee Deferral Agreement
Between the City of Fontana and SA Golden Investments Inc. for a Multi-Family Residential Apartment Complex Project and Authorizing the City Manager to Enter into the Agreement and Take Certain Actions to Complete the Transaction.

Adopt Resolution No. 2026-056, approving a Development Impact Fee Deferral Agreement between the City of Fontana and SA Golden Investments Inc. for a multi-family residential apartment complex project, and authorizing the City Manager to enter into the agreement and take certain actions to complete the transaction.

L. Approve a Purchase and Sale Agreement between the City of 26-1073 Fontana and VRP, Inc., a California Corporation, for the real property along Oleander Avenue

1. Approve a Purchase and Sale Agreement between the City of Fontana and VRP, Inc., a California Corporation, for the sale of a small portion of real property along Oleander Avenue.

2. Authorize the City Manager to enter into a Purchase and Sale Agreement with VRP, Inc., a California Corporation.

M. Fontana Police Helicopter Service Contract 26-1075

1. Approve a Service Agreement with HeliSafe, Inc. utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Single/Sole Source for the Fontana Police Department Air Support Unit 23

Helicopters.

2. Authorize the City Manager (or his designee) to enter into a Service Agreement, all related documentation, and any amendments to continue this cooperative agreement as long as it is in the best interest of the City of Fontana.

N. Levy of a Special Tax in Community Facilities Districts 26-1078 (Maintenance) for Fiscal Year 2026-2027.

Adopt Resolution No. 2026-057, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2026-2027.

O. Levy of a Special Tax in Community Facilities District No. 1 26-1079 (Southridge Village) for Fiscal Year 2026-2027.

Adopt Resolution No. 2026-058, Authorizing the Levy of a Special Tax in Community Facilities District No. 1 (Southridge) for Fiscal Year 2026-2027.

P. Levy of a Special Taxes for Fiscal Year 2026-27 with respect to 26-1080 Community Facilities Districts of City of Fontana.

Adopt Resolution No. 2026-059, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax for the City of Fontana’s Community Facilities Districts for Fiscal Year 2026-2027.

Q. Amendment No. 9 to the Waste Disposal Agreement with the 26-1082 County of San Bernardino
Approve Amendment No. 9 to the Waste Disposal Agreement (WDA) with the County of San Bernardino
R. Recharge Recycled Water Contract with Fontana Water 26-1091 Company

1. Approve an Agreement regarding the transfer of recycled water recharged by the Inland Empire Utilities Agency for the City and transferred to the Fontana Water Company.

2. Authorize the City Manager to enter into the Agreement with the Fontana Water Company regarding the transfer of recycled water recharged.

S. Acceptance of Final Parcel Map No. 20910 for the Development 26-1092 of a 595 Multi-Family Unit Project on the Southwest Corner of Citrus Avenue and Summit Avenue, and the Abandonment of Easements on Said Map

1. Approve Final Parcel Map No. 20910 for the development on the southwest corner of Citrus Avenue and Summit Avenue.

2. Accept dedication of public streets and easements.

3. Authorize the Mayor and City Clerk to certify the abandonment of the street right-of-way easements for portions of Joe Avenue and Edward 24

Avenue as shown on the parcel map.

T. Appointment to Fill Vacancy on the Planning Commission 26-1095 (Term Ending December 9, 2026)
It is recommended that the City Council confirm the appointment of Commissioner Gilbert Roldan to the Planning Commission to fill the remainder of the unexpired term ending December 9, 2026.

PUBLIC HEARINGS:

A. Appeal No. 26-0001: Request to overturn the Planning 26-1027 Commission’s March 17, 2026 decision adopting a Categorical Exemption per Section 15332 (Class No. 32) and approving Tentative Parcel Map No. 18-000005 (TPM No. 19950), and Design Review No. 18-000010 - a request to split one (1) parcel into two (2) and for site and architectural approval for the development of two (2) new industrial commerce center buildings of 41,218 square feet and 30,767 square feet with associated site improvements on 3.98 acres located north of Hilton Drive and west of Hemlock Avenue, and identified as Assessor Parcel Numbers 1110-151-03.

Deny Appeal No. 26-0001, thereby upholding the Planning Commission’s decision on March 17, 2026, approving, pursuant to a categorical exemption under California Environmental Quality Act (CEQA) Section No. 15332 (Class No. 32. Infill Development), Tentative Parcel Map No. 18-000005 (TPM No. 19950) and Design Review No. 18-000010 to split one (1) parcel into two (2) and for site and architectural approval for the development of two (2) new industrial commerce center buildings of 41,218 square feet and 30,767 square feet, with associated site improvements, on 3.98 acres located north of Hilton Drive and west of Hemlock Avenue, and identified as Assessor Parcel Numbers 1110-151-03.

Mayor Warren opened the public hearing.

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

Associate Planner Alexia Barberena provided the staff report.

The following individuals spoke in opposition of the item:

1. Hayley Uno, Lozean Drury, LLP
Mayor Warren closed the public hearing.
25

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by vote of 4-1 to approve Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

Sandoval; ABSTAIN: None; ABSENT: None
B. Quarterly Lien Action for Delinquent Sewer, Solid Waste and Weed 26-1074 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.

2. Adopt Resolution No. 2026-060, 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. 2026-061 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 requests to speak in favor or opposition, Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by vote of 5-0 to approve Public Hearing Item “B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
C. Public Hearing to Establish Fiscal Year 2026-2027 Assessment 26-1081 Rates for Landscape and Lighting Maintenance Districts

1. Adopt Resolution No. 2026-062, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2026-2027.

2. Adopt Resolution No. 2026-063, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the 26

Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2026-2027.

3. Adopt Resolution No. 2026-064, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2026-2027.

4. Adopt Resolution No. 2026-065, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2026-2027.

5. Adopt Resolution No. 2026-066, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2026-2027.

Mayor Warren opened the public hearing.

Nick Kennedy and John Wright of Raftelis, provided the staff report.

The Council discussed long-term strategies to manage future wastewater rate increases, including the City's reliance on regional wastewater treatment, potential opportunities to reduce future costs, and comparisons with neighboring agencies. Staff and the consultant explained that proposed rates support essential system maintenance and capital improvements while noting that future funding strategies and regional cost impacts will continue to be evaluated.

City Attorney Ruben Duran confirmed that the City Council had received all protests, legal objections, and staff responses related to the public hearing prior to taking action.

With no requests to speak in favor or opposition, Mayor Warren closed the public hearing.

City Clerk Key stated that 12 written protests were received. A majority of the owners of the identified parcels or tenants directly liable for such charges would equal 26,138. A majority protest does not exist to the proposed rates.

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed unanimously by vote of 5-0 to approve Public Hearing Item “C.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None
D. Consider Resolution Adopting Findings and Determinations 26-1101 regarding exhaustion of administrative remedies and to proceed with public hearing; Conduct a Public Hearing; and Consider Ordinance and Resolution Adopting sewer rate adjustment for Fiscal Years 2026-27 through 2030-31
27

1. Approve Resolution No. 2026-067, adopting findings and determinations regarding exhaustion of administrative remedies and to proceed with public hearing;

2. Conduct a public hearing;

3. Approve Resolution No. 2026-068, adopting proposed adjustments to the City’s sewer rates; and

4. Approve Ordinance No. 1993, authorizing adoption of new or increased sewer services fees by Resolution, and taking certain other actions relating thereto.

Mayor Warren opened the public hearing.

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

Accounting Supervisor Samuel Perez provided the staff report.

Council Members Cothran and Sandoval inquired about the ongoing deficits in Landscape and Lighting Maintenance Districts (LMD) 1 and 2. City Manager Matt Ballantyne advised that the General Fund is currently subsidizing the districts and that a future workshop and community outreach process will be conducted to discuss long-term funding options, potential landscape modifications, and Council policy direction.

With no requests to speak in favor or opposition, Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by vote of 4-1 to approve Public Hearing Item “D.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

Sandoval; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS
City Manager Ballantyne highlighted several significant actions approved on the Consent Calendar, including downtown revitalization efforts, sidewalk improvements, electrical infrastructure design work, and a regional agreement reducing landfill disposal costs. He also invited the public to the City's Fourth of July celebration and reminded residents of the City's enforcement of illegal fireworks through its social host ordinance.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

City Clerk Key extended condolences to Council Member Sandoval and his family, congratulated Police Department award recipients, and encouraged the community to enjoy a safe Fourth of July celebration.
28

City Treasurer Koehler-Brooks extended condolences to Council Member Sandoval and his family, wished the community a safe Fourth of July, and recognized Council Member Roberts' recent birthday.

Mayor Pro Tem Garcia highlighted attendance at the Pacific Crest Drum and Bugle Corps performance and announced that the Stage Red Youth Music Foundation would present a $15,000 donation to the Fontana Unified School District to support intermediate school marching band uniforms.

Council Member Roberts extended condolences to Council Member Sandoval and his family and to the family of Coach Lance Ozier, thanked everyone for the birthday wishes, and wished the community a safe and enjoyable Fourth of July weekend.

Council Member Sandoval thanked everyone for their condolences.

Council Member Cothran extended condolences to Council Member Sandoval and his family, wished his colleagues a happy birthday, highlighted a meeting with James C. Ramos regarding proposed legislation related to Narcan training funding, victim protections, and youth mental health resources, and encouraged the community to attend the City's Fourth of July celebration.

Mayor Warren highlighted several recent community events and initiatives, including the Living Way Church car show, the upcoming Stage Red Youth Music Foundation donation to the Fontana Unified School District, the delivery of the first electric truck built by a Fontana business to Ontario International Airport, participation in a congressional housing roundtable, and the Empire Strykers youth soccer camp at South Fontana Park. Mayor Warren also recognized community partners, local businesses, and ongoing efforts to support youth, housing, and economic development.

ADJOURNMENT:

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

1. Jose Sandoval, Jr.

2. Coach Lance Ozier
Mayor Warren adjourned the meeting at 3:38 p.m. to the Regular City Council Meeting on Tuesday, July 14, 2026, at 2:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California.
_______________________
Christina Rudsell, CMC
Chief Deputy City Clerk
29

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JULY 14, 2026.
_______________________
Germaine Key
City Clerk
.
30 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1112 Agenda Date: 7/14/2026
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1993 (Second Reading), authorizing adoption of new or increased sewer services fees by Resolution, and taking certain other actions relating thereto.

RECOMMENDATION:

Conduct a second reading by title only and adopt, Ordinance No. 1993, authorizing adoption of new or increased sewer services fees by Resolution, and taking certain other actions relating thereto. ..End
COUCIL GOALS:
· 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 fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
· Practice sound fiscal management by producing transparent information in a timely matter. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Ordinance No. 1993 was introduced by a vote of 4-1 at the June 23, 2026, Regular City Council Meeting.

FISCAL IMPACT:

The anticipated increase in Sewer revenue required to fund ongoing operations and maintenance, maintain appropriate reserve levels, support continued reinvestment in aging infrastructure, and provide funding for planned capital improvement projects is summarized below:

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File #: 26-1112 Agenda Date: 7/14/2026
Agenda #: B. Category: Consent Calendar
MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1993

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AUTHORIZING ADOPTION OF NEW OR INCREASED

SEWER SERVICE FEES BY RESOLUTION, AND TAKING CERTAIN
OTHER ACTIONS RELATING THERETO.

WHEREAS, the City of Fontana (the “City”) owns and operates a sewer collection and transmission system and partners with certain other public agencies for use of their sewer treatment plant to provide sewer service to City customers; and WHEREAS, the City establishes and collects sewer service fees for providing such service and must periodically update the sewer service fees to recover the costs of providing sewer service to City customers; and
WHEREAS, California Health and Safety Code section 5471 et seq. (“Section 5471”) previously required public agencies that impose utility fees and charges, such as the City’s sewer service fees, to adopt new or increased fees by ordinance; and WHEREAS, effective January 1, 2017, Section 5471 et seq. were amended to allow for adoption of new or increased sewer service fees for sewer service by resolution as well as by ordinance; and
WHEREAS, the City previously adopted its sewer service fees for sewer service by ordinance in compliance with Section 5471 prior to amendment, and now wishes to authorize future new or increased sewer service fees by resolution, and such authorization sought by this Ordinance shall be retroactive to January 1, 2017, the date Section 5471 was amended; 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 above recitals are true, correct and incorporated herein by reference.

Section 2. Authorization. The City Council hereby authorizes fees or charges for sewer service to be adopted by resolution, effective January 1, 2017 and when so adopted, shall supersede any fee or charge previously adopted by resolution or ordinance.

Section 3. 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 33

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 4. Certification. The City Clerk of the City Council shall certify the adoption of this Ordinance.

Section 5. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid by a court of competent jurisdiction, 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 14th day of July 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 23 rd day of June 2026,
and was finally passed and adopted not less than five days thereafter on the 14th day of July 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
34 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1070 Agenda Date: 7/14/2026
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Bus Pad (Transit Stop Improvements) TDA 2023 Project (DE-25-182-CC) RECOMMENDATION:

Accept as complete the work performed by Gentry General Engineering, Inc. for the construction of the Bus Pad (Transit Stop Improvements) TDA 2023 Project (DE-25-182-CC).

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

DISCUSSION:

On October 14, 2025, the City Council awarded the Construction Contract for the Bus Pad (Transit Stop Improvements) TDA 2023 Project to Gentry General Engineering, Inc. in the amount of $99,346.80, which included $9,934.68 in City-Owned Contingency. The improvements consisted of the construction of concrete bus landing pads, removal and replacement of existing sidewalk, modification of existing landscape and irrigation, traffic control, and other work as directed by the Engineer to accommodate field conditions at 10 locations throughout the City of Fontana.

Gentry General Engineering, Inc. completed the construction of the project, and a Project Completion Memo was issued on May 5, 2026. The final contract amount is $105,264.08, using $5,917.28 of the $9,934.68 in City-Owned Contingency. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the Bus Pad (Transit Stop Improvements) TDA 2023 Project (#37600069) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2025-26 revised budget under the Public Works & Engineering Department, Utilities & Streets Division.

MOTION:

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File #: 26-1070 Agenda Date: 7/14/2026
Agenda #: C. Category: Consent Calendar
Approve staff recommendation.

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N PROJECT LOCATION

BUS PAD (TRANSIT STOP IMPROVEMENTS)
TDA 2023 PROJECT

PROJECT LOCATION

PROJECT LOCATION

PROJECT LOCATION

PROJECT LOCATION

PROJECT LOCATION

PROJECT LOCATION

1. Slover Avenue @ Sierra Avenue (Westbound)

2. Citrus Avenue @ Mallory Drive (Northbound)

3. Citrus Avenue @ Mallory Drive (Southbound)

4. Jurupa Avenue @ Elm Avenue (Westbound)

5. Baseline Avenue @ Village Parkway
(Eastbound)

6. Baseline Avenue @ N. Heritage Cr (Westbound)

7. Sierra Lakes Pky @ Tiburon Way (Westbound)

8. Sierra Lakes Pky @ Tiburon Way (Eastbound

9. Merrill Avenue @ Locust Avenue (Eastbound)

10. Merrill Avenue @ Cypress Avenue (Westbound)
37 To: Carlos Rivera, Engineering Technician II
From: Jason Jojola, Public Works Inspector
Date: 05/05/2026
Re: Bus Pads (Transit Stop Improv) [TDA 2023]
Bid No.: DE-25-182-CC
Project Completion
This is to verify that all work associated with the above referenced project has been completed per the City of Fontana Standard Drawings, Plans and Specifications on the 5
th of May, 2026. All punch list items are completed to my satisfaction. If you have any questions, please call me at ext. 6636.
38 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1094 Agenda Date: 7/14/2026
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Purchase and Sale Agreement between the City of Fontana and San Bernardino County Transportation Authority for the Acquisition of a Portion of Assessor’s Parcel Number 0191-291-19- 0000
RECOMMENDATION:

1. Approve a Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fontana and San Bernardino County Transportation Authority for the acquisition of approximately 6,194 square feet of real property identified as a portion of Assessor’s Parcel Number 0191-291- 19-0000, for a purchase price of $111,000, plus escrow costs and related acquisition fees.

2. Authorize the City Manager to enter into the Purchase and Sale Agreement and/or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

COUNCIL GOALS:
· To improve public safety by utilizing other city programs to help reduce crime. · To promote economic development by pursuing business attraction, retention, and expansion. · To improve public safety by increasing operational efficiency, visibility and availability. · To enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The City of Fontana continues to implement its Downtown Fontana revitalization efforts, including strategic investments in public facilities and infrastructure improvements that support enhanced public services, economic development, and community connectivity. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Way to the South, Mango Avenue to the East, and Juniper Avenue to the West. Implementation of these efforts requires the acquisition, planning, and redevelopment of various properties within this area.

To facilitate the implementation of this revitalization, the City established the Metrolink Emergency Responder Substation Project (“Project”) as part of the Capital Improvement Program Budget. The proposed project is within the Fontana Metrolink Transit Center, located at 16855 Orange Way, Fontana, CA 92335 and includes the demolition of the existing public restroom, construction of a new City of Fontana Page 1 of 2 Printed on 7/6/2026
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File #: 26-1094 Agenda Date: 7/14/2026
Agenda #: D. Category: Consent Calendar
Fontana Police Substation and a café with public restrooms.

San Bernardino County Transportation Authority (“SBCTA”) owns the real property, APN 0191-291-19 -0000, with a gross area of 223,741 square feet. SBCTA has identified a portion of the parcel as excess property available for acquisition by the City. The proposed Agreement provides for the City’s acquisition of a portion of the parcel consisting of approximately 6,194 square feet which will serve as the site for the proposed Project improvements.

Under the Agreement, the City will purchase the Property in fee simple for $111,000, subject to customary escrow, title, and closing conditions.

As part of this transaction, the Agreement includes conditions associated with the future use of the property, including continued availability of restroom facilities for SBCTA and its invitees, and maintenance of a police station or substation on the property consistent with the Project use.

The purchase price of $111,000 reflects the fair market value appraised by a certified appraiser and concurred by SBCTA. Closing costs are allocated consistent with customary public agency transactions.

Approval of the Agreement will authorize the City Manager to enter into the Agreement and related documents necessary to complete the acquisition.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $111,000, plus applicable escrow, acquisition, legal and acquisition related expenses. The necessary budget is included in the 2026-2027 budget in the Capital Improvements Fund #601 in 37600085-601-A-8310.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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16498.00150\44096392.2
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AGREEMENT FOR PURCHASE AND SALE AND

JOINT ESCROW INSTRUCTIONS
This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is dated as of _________________, 202__, and is entered into by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (or “SBCTA”), a public agency existing under the laws of the State of California (“Seller”), and CITY OF FONTANA, a California municipal corporation (“Buyer”). Buyer and Seller are sometimes individually referred to herein as “Party” and collectively as the “Parties”.

RECITALS
A. Pursuant to Resolution No. 25-063, adopted by SBCTA on July 2, 2025, the real property identified and described in Section 1 below is excess to SBCTA’s needs and has been declared to be Exempt Surplus Land.

B. Disposition of such real property at fair market value has been authorized, subject to the terms and conditions set forth in this Agreement.

In consideration of the mutual covenants contained herein, and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Sale of Property. Seller shall sell to Buyer, and Buyer shall purchase from Seller, at the price and upon the terms and conditions hereinafter set forth, a fee interest in the land described in Exhibit A of the Quitclaim Deed attached hereto as Exhibit 1 and any improvements on such land free of all rights of way and easements in favor of SBCTA (hereinafter collectively referred to as the “SBCTA Parcel” or the “Property”).

2. Purchase Price. The purchase price for the SBCTA Parcel shall be One Hundred Eleven Thousand Dollars ($111,000.00) (“Purchase Price”). Within three (3) business days after the opening of Escrow, Buyer shall deposit with Escrow Holder One Hundred Dollars ($100.00) as independent consideration (the “Independent Consideration”), which shall be nonrefundable to Buyer and shall be released to Seller upon any termination of this agreement; provided, however, the Independent Consideration shall be credited against the Purchase Price at Closing if the transaction Closes. Buyer shall deposit the balance of the Purchase Price (minus the Independent Consideration, by cashier’s or certified check or by wire transfer, into the Escrow (defined in Section 3.1 below) for the purchase at least one (1) business day prior to the estimated closing date. (The deadline for the closing, or “Closing Deadline”, is described in Section 3.2 below.)

3. Escrow. No later than five (5) business days after the execution of this Agreement, Buyer and Seller shall deliver a copy of this executed Agreement to, and open an escrow (“Escrow”) with, First American Title Insurance Company, 901 Via Piemonte, Suite 150, Ontario, CA 91764 (“Escrow Holder”). Escrow Holder shall notify Buyer and Seller, in writing, of the escrow number for the Escrow.
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The deposit with Escrow Holder of a copy of a fully executed original (or copies of executed counterpart originals) of this Agreement shall constitute authorization and instruction to Escrow Holder to act in accordance with the terms of this Agreement. The Parties may submit additional escrow/closing instructions consistent with this Agreement to Escrow to facilitate the closing, and the Parties acknowledge that Escrow Holder may also require that its own standard form escrow instructions, consistent with this Agreement, be executed by the Parties.

3.1 Closing Date. Subject to the satisfaction of the conditions to closing, the Escrow shall close on or before the date that is ninety (90) days after the date of this Agreement (“Closing Deadline”).

3.2 Deposits by Buyer. Buyer shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date:

3.2.1 The Purchase Price, plus any additional funds as are required to pay costs and fees allocated to Buyer on the estimated settlement statement that is to be prepared by Escrow Holder and delivered to Buyer and Seller for their approval, prior to the close of Escrow.

3.2.2 A Certificate of Acceptance for the Quitclaim Deed, duly executed and acknowledged, for recording with the Quitclaim Deed.

3.2.3 All other funds and documents as may be reasonably required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement.

3.3 Deposit of Documents by Seller. Seller shall deposit with Escrow Holder the following items no later than one (1) business day prior to the estimated closing date:

3.3.1 The Quitclaim Deed, duly executed by Seller and acknowledged.

3.3.2 If required by the title company, a completed California Franchise Tax Board Form 593-W showing no California state tax withholding is required, and a Federal “Foreign Investment in Real Property Tax Act” affidavit certifying that the Seller is not a “foreign person” as defined in the Internal Revenue Code, such that no federal tax withholding is required.

3.3.3 If required by the title company, a duly executed resolution authorizing the execution of this Agreement and the sale of the Property.

3.3.4 All other documents as may reasonably be required by Escrow Holder to close the Escrow in accordance with this Agreement.

3.4 All real property taxes and assessments or bonds against the Property which are liens and unpaid as of the Closing Date shall be paid by Seller, except that any assessments payable in installments shall be prorated. Buyer is exempt from property taxes, so will not take title subject to any property taxes, or title exception for property taxes. 42 16498.00150\44096392.2
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4. Escrow Holder’s Obligations.

4.1 The performance of the acts set forth in this Section shall constitute the “Closing” or the “Close of Escrow” as such term is used in this Agreement. The Escrow Holder shall conduct the Closing on the Closing Date by recording and distributing the following described documents and funds in the following manner:

4.1.1 Obtain from Seller documentation to place title in the condition necessary to enable conveyance pursuant to this Agreement;

4.1.2 Record any instrument delivered through the Escrow, including any required quitclaim and grant deeds if such action is necessary to place record title in condition to comply with the terms of the Agreement.

4.1.3 Record the Quitclaim Deed, with the Certificate of Acceptance.

4.1.4 Deliver Property free and clear of any monetary liens, deeds of trust, or encumbrances at or before Closing, except for such title exceptions approved by the Buyer in Section 5.1.1.

4.1.5 Deliver to Seller in immediately available funds the sum of the Purchase Price and such other funds, if any, due Seller by reason of pro-rations, less Seller’s closing costs and pro-rations, if any.

4.1.6 Pay and charge Seller for any amounts necessary to place the title in the condition necessary to enable conveyance pursuant to this Agreement.

4.1.7 Each Party shall pay 50% of any escrow charges and costs incurred in this transaction.

4.1.8 Pay and charge Seller for the CLTA Owner’s Policy of Title Insurance in favor of Buyer (the liability amount of which shall equal the Purchase Price); pay and charge to Buyer the cost of extended coverage if elected by Buyer (and based on a survey obtained by Buyer at its cost) and any endorsements to the Title Policy requested by the Buyer (except for endorsements which Buyer and Seller agree are necessary to insure over a title matter objected to by Buyer, the cost of which shall be paid by Seller).

4.1.9 Seller shall pay all city and county transfer taxes (but there should be none as this is an exempt conveyance to a California public entity).

4.1.10 As soon as possible before the estimated closing date, prepare a preliminary settlement statement for the Escrow showing all costs and fees associated with this transaction, and the allocation thereof, as well as the Purchase Price and any pro-rations. If this Agreement is terminated as a result of default by either Buyer or the Seller, then the defaulting Party shall pay all cancellation fees imposed by the Escrow Holder. If this Agreement is terminated as a result of a failure condition as described in Section 5, through no fault of either Party, then each Party shall pay 50% of any cancellation fees imposed by the Escrow Holder. 43 16498.00150\44096392.2
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4.1.11 Any amendments of, or supplements to, any Escrow instructions must be in writing and executed by the Party providing the same to Escrow Holder (it being understood that Buyer and Seller may deliver supplemental unilateral escrow instructions consistent with this Agreement).

5. Conditions to Closing. The following conditions are conditions precedent to the Parties’ obligation to consummate the Closing on the Property:

5.1 Buyer’s Conditions to Closing. The Buyer’s obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions which are for Buyer’s sole benefit on or prior to the dates/times designated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date/time:

5.1.1 Approval of Title Documents. Buyer has received a preliminary report dated March 3, 2025, issued by First American Title Insurance Company under Commitment Number NCS-1254240-ONT1. Buyer shall have sixty (60) days after the date of this Agreement to review title, and obtain and review an ALTA survey, and notify Seller and Escrow Holder in writing of Buyer’s disapproval of any exceptions referenced in such preliminary report or survey (“Title Documents”). Failure of Buyer to disapprove any such exceptions within the aforementioned time limit shall be deemed to be an approval of such exceptions set forth in the Title Documents; however, all monetary liens, including deeds of trust, judgement liens, liens for property taxes, and liens for delinquent assessments shall be deemed disapproved and shall be removed by the close of escrow. Seller shall not further encumber the Property. In the event Buyer disapproves any exceptions set forth in the Title Documents, Seller shall have until the Closing Date to eliminate any disapproved exceptions, and if such exceptions are not eliminated, then Buyer may terminate this Agreement. If Buyer terminates this Agreement pursuant to this Section

5.1.1, then the Escrow shall be cancelled, any sums deposited by Buyer shall be returned to Buyer, and each party shall pay half of any escrow/title cancellation fees.

5.1.2 Issuance of Title Insurance. Seller shall convey title to the Property to Buyer by a Quitclaim Deed in the form of Exhibit 1 attached hereto. At the Close of Escrow, First American Title Insurance Company (the “Title Company”), shall issue through Escrow an Owner’s Policy of Title Insurance (“Title Policy”) with CLTA coverage (or if Buyer obtains an ALTA survey at its cost and delivers it to the Title Company, then extended coverage title insurance) with liability in the full amount of the Purchase Price, insuring fee simple title to the Property vested in Buyer subject only to the following exceptions (the “Permitted Exceptions”):
(a) the standard printed exceptions set forth in the Title Policy; (b) prorated assessments, if any; (c) any exceptions which have been approved in writing by Buyer.

5.1.3 At or prior to the Closing, Seller shall have performed all of Seller’s obligations herein that are to be performed prior to the Closing.

5.1.4 Seller’s representations and warranties shall be true and correct as of the date of this Agreement and also as of the date of the Closing.

5.1.5 The physical condition of the Property shall be substantially the same at the Closing as on the date of execution of this Agreement, reasonable wear and tear 44 16498.00150\44096392.2
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excepted, and Buyer shall have approved of the physical condition of the Property within sixty (60) days after the date of this Agreement, and Seller gives Buyer the right for Buyer and its consultants to enter the Property to so inspect, and Buyer shall indemnify, defend and hold Seller harmless from claims, liabilities, losses, damages, costs and expenses arising from such entries and inspections (excluding those that relate to matters discovered on inspection). If any such matters are not acceptable to Buyer, Buyer may terminate this Agreement by written notice to Seller within the 60 day period.

5.1.6 Seller must deliver to Buyer all keys, plans, permits, entitlements, warranties, service contracts, environmental reports, studies, surveys, approvals, and other documents in Seller’s possession or control relating to the Property, including any information concerning the presence or absence of hazardous materials in, on under, or near the Property.

5.2 Seller Conditions to Closing. The Seller’s obligations to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions which are for Seller’s sole benefit on or prior to the dates designated below for the satisfaction of such conditions, or the date for Closing in the absence of a specified date:

5.2.1 At or prior to the Closing, Buyer shall have performed all of Buyer’s obligations herein that are to be performed prior to the Closing.

5.3 Failure of Condition. If any condition stated in this Agreement has not been eliminated or satisfied within the time limits and pursuant to the provisions of this Agreement through no fault of either Party (in the case of a default, the provisions of Section 9 shall govern), then the Parties, as their sole and exclusive remedy, shall have the right to either waive the condition in question, and proceed with the Closing, or in the alternative, terminate this Agreement. In the event of such termination as the result of the failure of a condition to Closing, all documents and funds shall be returned to the Party providing them, and neither Party shall have any further rights or obligations under this Agreement, except that Escrow and title cancellation fees shall be paid in accordance with this Agreement.

6. Condition of Property.

6.1 Subject to Buyer’s inspection rights under Section 5.1.5 above, Buyer has investigated the Property’s zoning and other building matters affecting the Property, and its condition, including but not limited to its suitability for Buyer’s intended use, and has determined that it is suitable for Buyer’s public use.

6.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing “AS-IS” condition, without representation or warranty (express or implied) and subject to all matters of record (but not deeds of trust, judgment liens or other liens, and not any title exceptions disapproved by Buyer or created by Seller after the date hereof) and all defects and conditions, whether patent or latent, based solely on Buyer’s own inspection, analysis and evaluation and not in reliance on any information provided by or on behalf of Seller.
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7. Representations and Warranties.

7.1 The Parties represent and warrant to each other that as of the date hereof the following are true and correct (provided that representations and warranties of the Buyer are limited to the actual knowledge of the Buyer, and representations and warranties of the Seller are limited to the actual knowledge of the Executive Director of Seller and Ryan Aschenbrenner, Right of Way Manager of Seller):

7.1.1 No Party has received nor is it aware of any notification from the Department of Building and Safety, Health Department, or other such City, County or State authority having jurisdiction, requiring any work to be done on or affecting the Property.

7.1.2 No Party has received notice of any litigation, arbitrations, claims, violations from any agency, proceedings, or other actions, pending or threatened that arise out of the ownership or operation of the Property.

7.1.3 Each Party has the power, right, and authority to enter this Agreement and the instruments referenced herein, and to take all actions necessary to consummate the transaction contemplated by this Agreement.

7.1.4 The execution and delivery of this Agreement and the documents referenced herein, the incurrence of the obligation, the consummation of the transaction and the compliance with this Agreement and the documents referenced herein do not conflict with or result in the material breach of any term or condition of or constitute a default under any bond, note, or other evidence of indebtedness or any agreement, indenture, mortgage, deed of trust, loan, corporate documents or agreements, lease or other agreement or instrument to which any Party is a part or affecting the Property.

7.1.5 The person(s) executing this Agreement and the instruments referenced herein have the power, right, and actual authority to bind each respective Party to the terms and conditions of this Agreement.

7.1.6 No attachments, executions proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other similar proceedings are pending or threatened against any Party or involving the Property.

7.1.7 No Party has entered any other agreement for the sale or transfer of the Property, and there are no rights of first refusal or option to purchase the Property, beyond those held by the Buyer.

7.1.8 Other than as set forth in the Title Documents, there are no other leases, subleases, occupancies, or tenancies pertaining to the Property, and no Party has any knowledge of any oral agreements with anyone with respect to the occupancy of the Property.

7.1.9 There are no existing service or maintenance agreements (oral or written) that will affect the Property subsequent to Closing. 46 16498.00150\44096392.2
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7.1.10 No Party has any current actual knowledge of any hazardous materials affecting the Property.

8. Release by Buyer.

8.1 For valuable consideration, and except for any failure by Seller to disclose to Buyer any material fact known to Seller about the Property and not known to Buyer, Buyer hereby forever releases and fully discharges the Seller, and each of their predecessors and successors, and all of their officers, employees, agents, contractors, assignees, and representatives, from, any and all claims, demands, damages, causes of action, costs, and expenses (including without limitation, experts’ and attorneys’ fees), that the Buyer now, or in the future may have, of whatsoever kind of nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the condition of the Property sold hereunder or the construction of the Project by Seller (collectively, “Claim”), including without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, eminent domain, property damages, loss of income, loss of business goodwill, relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise.

8.2 It is Buyer’s intention in executing this Agreement that it shall be effective as a bar to each and every Claim (excluding Claims based on any failure by Seller to disclose to Buyer any material fact known to Seller about the Property and not known to Buyer), and in furtherance of this intention Buyer waives and relinquishes all rights and benefits under Section 1542 of the California civil code, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
______ / ______
Buyer’s Initials
The foregoing acknowledgment and release shall survive the Closing as well as the recording of the Quitclaim Deed.

9. Default and Remedies.

9.1 Seller’s Default. If the Close of Escrow shall fail to occur because of Seller’s uncured default under this Agreement (which in no event such cure period shall be longer than ten (10) business days), Buyer may pursue an action for specific performance, or terminate this Agreement and sue for damages, and exercise any other remedy available to Buyer at law or in equity. No termination of escrow by Buyer following a breach by Seller shall be deemed to waive such breach or remedy otherwise available to Buyer. 47 16498.00150\44096392.2
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9.2 Buyer’s Default. If the Close of Escrow shall fail to occur because of Buyer's uncured default under this Agreement (which in no event such cure period shall be longer than ten (10) days), Seller may thereafter: (i) terminate this agreement; (ii) receive and retain $10,000 as liquidated damages if such default occurs after Buyer’s approval of due diligence in Section 5.1.5; and (iii) exercise the other rights and remedies reserved by seller as provided in this Section. In the event Seller terminates this agreement by reason of Buyer’s default, Buyer and Seller shall be relieved of any further obligation to each other with respect to this Agreement and the Property except for any obligations which expressly survive. It is expressly understood and agreed by Buyer and Seller: that it is extremely difficult and impractical to calculate and ascertain as of the effective date of this Agreement the actual damages which would be suffered in such event by Seller; and that the amount above is a reasonable estimate of the extent to which Seller may be damaged by Buyer’s default in light of the difficulty the parties would have in determining Seller’s actual damages as a result of such default by Buyer. Seller hereby waives the right to maintain and action for specific performance of Buyer’s obligation to purchase the Property and Seller agrees that Seller can be adequately compensated in money damages if Buyer fails to purchase the property in breach of this agreement.
__________________ _________________
SELLER’S INITIALS BUYER’S INITIALS

10. Miscellaneous Provisions.

10.1 Advice of Counsel. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel, or, if they were not so represented, said non-representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement.

10.2 Assignment. Neither this Agreement nor any interest herein shall be assignable by Buyer without Seller’s prior written consent.

10.3 Entire Agreement. This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussions, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer nor Seller shall be bound by any understanding, agreement, promise, representation or stipulation concerning the Property, express or implied, not specified herein.

10.4 Time of the Essence. Time is of the essence with respect to all of the terms, conditions and obligations set forth herein.

10.5 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be addressed as set forth below, and shall be deemed to have been delivered when one (1) business day after deposit with a reputable overnight courier marked for 48 16498.00150\44096392.2
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"next day" delivery, or on the date shown on the return receipt after deposit in U. S. Mail, certified or registered, postage prepaid return receipt requested after it has been returned.

To Buyer: City of Fontana
8353 Sierra Ave
Fontana, CA 92335
Attn: Jeffery Kim, Engineering Manager
[email protected]
909-350-6724
To Seller: SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
1170 West Third Street
San Bernardino, CA 92410
Attn: Ryan Aschenbrenner

10.6 FIRPTA. The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445, requires that every purchaser of U.S. real property must, unless an exemption applies, deduct and withhold from escrow proceeds ten percent (10%) of the gross sales price due to the property seller. The primary exemptions which might be applicable are: (a) the seller provides the buyer with an affidavit under penalty of perjury that the seller is not a “foreign person” as defined in FIRPTA, or (b) the seller provides the buyer with a “qualifying statement,” as defined in FIRPTA, issued by the Internal Revenue Service. If required by Escrow Holder, Seller and Buyer agree to execute and deliver as appropriate any instrument, affidavit, statement, or a FIRPTA Certificate and to perform any acts reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated there under.

10.7 Brokers. Seller and Buyer each warrant that they have had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transactions contemplated herein and no broker or other person, firm or entity are entitled to any commission or finder’s fee in connection with these transactions as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any and all claims, liabilities, losses, damages, costs, or expenses based on or resulting from its (i.e., the indemnifying party’s) communications with any broker, finder or other similar person or entity.

10.8 Governing Law. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California.

10.9 Required Actions. The Parties hereto agree to and shall execute all reasonable instruments and documents and take all reasonable actions necessary to consummate the transaction contemplated by this Agreement.

10.10 Covenants. Seller covenants and agrees that after the date of the execution of this Agreement and through the Closing Date: (a) Seller shall comply with all laws, rules, 49 16498.00150\44096392.2
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regulations and ordinances relating in any way to the Property; and (b) Seller shall not subject the Property or permit it to be subjected to any liens, encumbrances, covenants, conditions, restrictions, easements, rights of way or similar matters, except as otherwise set forth in the title report to be delivered to Buyer.

10.11 Severability. If any term, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each remaining term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law unless any of the stated purposes of this Agreement would be defeated.

10.12 Waivers. No waiver of any breach of any term, covenant or condition of this Agreement shall be deemed a waiver of any preceding or succeeding breach of that same of any other term, covenant or condition.

10.13 Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Parties.

10.14 Headings. Headings at the beginning of each Section are solely for the convenience of the Parties and are not a part of this Agreement. Whenever the context requires, the singular shall include the plural and the masculine shall include the feminine, and vice versa.

10.15 Survival. To the extent not required to be performed before the Closing Date or other cancellation of this Agreement, the representations and warranties of Seller contained in Section 7 shall survive the Closing Date for a period of 180 days or other cancellation of this Agreement.

10.16 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any person or entity who is not a party to this Agreement any rights or remedies.

10.17 Amendment. Any amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller.

10.18 Attorneys’ Fees. If any Party brings an action or proceeding involving the Property whether founded in tort, contract or equity, or to declare rights hereunder the Prevailing Party, as defined herein, in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees and expenses. “Prevailing Party” shall include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense.

10.19 Days of Week. A "business day," as used herein, shall mean any day other than a Saturday, Sunday or holiday, as defined in Section 6700 of the California Government Code.

If any date for performance herein falls on a day other than a business day, the time for such performance shall be extended to 5:00 p.m. on the next business day.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. 50 16498.00150\44096392.2
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Seller:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By:

Carolyn Schindler
Executive Director
Buyer:

CITY OF FONTANA, a California
corporation
By:

Matthew C. Ballantyne, City Manager
ATTEST:

Germaine McClellan Key, City Clerk
APPROVED AS TO FORM:

Julianna K. Tillquist, General Counsel
APPROVED AS TO FORM:

Ruben Duran, City Attorney
51 EXHIBIT 1 TO

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

FORM OF QUITCLAIM DEED (WITH LEGAL DESCRIPTION)
(Attached.)

52 RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Public Works Department
Portion of APN: 0191-291-19
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Documentary Transfer Tax: $0; exempt conveyance to a California public entity (a municipal corporation/city)

QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to Public Utility Code §§ 130800 et seq. (“GRANTOR”), does hereby quitclaims to the CITY OF FONTANA, a California municipal corporation (“GRANTEE”), all of its right, title and interest in, under and to that certain real property described more particularly in Exhibit A and depicted in Exhibit B attached hereto and any and all improvements thereon, subject to the conditions attached hereto as Exhibit C.

IN WITNESS WHEREOF, GRANTOR has caused this Quitclaim Deed to be executed by its authorized representative as of the date specified below.

GRANTOR:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY,
a county transportation authority pursuant to
Public Utility Code §§ 130800 et seq.

By:

Carolyn Schindler, Executive Director
Date: , 2026
53 Exhibit A to Quitclaim Deed
54 A PORTION OF
55 Exhibit C to Quitclaim Deed
Grantor reserves to itself and its invitees the right to use restroom facilities located, constructed and maintained by the Grantee, and/or the Grantee’s successors and assigns, on the property for the benefit of Grantor and invitees of the Grantor.

Furthermore, the Grantor conditions, and the Grantee covenants, that the Grantee, and their successors and assigns, shall maintain restrooms on the property which shall be made available to the Grantor pursuant to the foregoing reservation. For avoidance of doubt, the restroom use is not exclusive of any other use of the land.

Additionally, the Grantor conditions, and the Grantee covenants, that the Grantee, and their successors and assigns, shall maintain a police station or substation on the property. For avoidance of doubt, the police station or substation use is not exclusive of any other use of the land.

The foregoing rights and obligations shall be construed as covenants running with the land for the benefit of the Grantor and the Grantor’s successors and assigns.

56 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

57 CERTIFICATE OF ACCEPTANCE
(Govt. Code § 27281)
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated ____________ from the San Bernardino County Transportation Authority, a county transportation authority pursuant to the California Public Utilities Code Section 130800, et. seq., to the City of Fontana, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution 91-152 of the City Council, adopted on July 16, 1991, and the grantee consents to the recordation thereof by its duly authorized officer.

CITY OF FONTANA, a California municipal
corporation
By:

City Manager
Matthew C. Ballantyne
58 VICINITY MAP

NOT TO SCALE

ORANGE WAY SIERRA AVE NUEVO AVE
59 Metrolink Station
NEC Orange Way & Sierra Avenue
Fontana, California
25271 1

EXECUTIVE SUMMARY
Project Name Metrolink Station
Property Address/Location NEC Orange Way & Sierra Avenue, Fontana, California Assessor’s Parcel Number(s) 0191-291-19-0000
Owner of Record San Bernardino County Transportation, per the Preliminary Title Report provided by First American Title Company, dated March 3, 2025.

Larger Parcel Size 223,741 square feet, or 5.1364 acres Source: San Bernardino County Assessor’s Records
Zoning The subject is located in the Form-Based Code (FBC), which is a mixed use zoning.

General Plan The eastern portion of the subject property that is improved as a public park has a land designation of Recreational Facilities (P-R), and the remaining western side of the subject has a land designation of Public Facilities (P-PF)
Current Use Bus Station, and a public park
Highest and Best Use of Larger Parcel (As Vacant) Future development of Multi-Family Residential (As Improved)Bus Station, and a public park
Purpose of the Appraisal To provide an opinion of Fair Market Value Appraisal Assignment The appraisal assignment is to develop an opinion of the fair market value of the larger parcel and property rights to be acquired for the project as of the date of value.

Client/Intended User(s) The client of this assignment is the City of Fontana, which is also the intended user.

Intended Use Assist the Intended User in developing an offer of compensation for the required real property rights.

Proposed Acquisition:

Fee 6,194 Square Feet, 0.14 Acres
60 Metrolink Station
NEC Orange Way & Sierra Avenue
Fontana, California
25271 2
Opinion of Fair Market Value:

Date of Inspection April 30, 2025
Date of Value April 30, 2025
Date of Report May 14, 2025
61 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1102 Agenda Date: 7/14/2026
Agenda #: E. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Authorize Operating funding to the Stage Red Enterprise Fund..End RECOMMENDATION:

1. Approve funding for operating expenses to ASM Global in an amount not to exceed $1,685,413.

2. Amend the Memorandum of Understanding (MOU) for the inter-city loan between the City of Fontana General Fund, Capital Reinvestment (Fund 601), and the Stage Red Enterprise Fund, increasing the loan by $1,685,413 from $2,064,587 to $3,750,000.

COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City of Fontana has undertaken a comprehensive revitalization of Downtown Fontana, with the creation of an entertainment district serving as a primary component to attract visitors and support economic activity. Stage Red represents a keystone investment in establishing this district and activating the downtown core.

The opening of Stage Red in summer 2024, ahead of other planned developments, was a strategic decision to accelerate downtown recovery. Expansion of the event and show schedule has required significant City investment; however, early indicators demonstrate positive momentum, including the establishment of new businesses in the surrounding area. As additional development occurs and visitation increases, attendance at Stage Red is expected to grow, thereby reducing the need for ongoing subsidy.

For Operating Year 2027, staff recommend additional funding to support continued programming and operations. Specifically, staff propose allocating $1,500,000 from Capital Reinvestment (Fund 601) and $185,413 from the General Fund to the Stage Red Enterprise Account, for a total funding increase of $1,685,413.

The City has previously issued three operating loans; the table below summarizes these loans to the Stage Red Enterprise Account, including funding sources and amounts, resulting in a total outstanding balance of $2,064,587.

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File #: 26-1102 Agenda Date: 7/14/2026
Agenda #: E. Category: Consent Calendar
Stage Red Operating Loans Summary
Fiscal Year Funding Source Amount
2023-2024 General Fund $750,000
2024-2025 Capital Reinvestment (Fund 601) $1,000,000
2025-2026 Capital Reinvestment (Fund 601) $314,587
Total Outstanding
Balance
$2,064,587
To sustain and expand programming in the current fiscal year, the operator requires total funding of $1,685,413 for events and operating expenses. The proposed funding structure reflects this need and ensures continued activation of Stage Red as a catalyst for downtown revitalization.

The City will advance funds to ASM Global as a Cash Flow Shortfall as follows:
· $100,000 upon City Council approval.
· Additional funding will be disbursed monthly, as needed, after review by city staff of monthly expense and income statements.

Such funds shall be deposited by the operator in the operating or payroll account(s) and used only to pay Operating Expenses.

FISCAL IMPACT:

The fiscal impact associated with the approval of this staff report is $1,500,000 from Capital Reinvestment (Fund 601 - Misc. Project #28001008) and $185,413 from the General Fund to the Stage Red Enterprise Account, for a total funding increase of $1,685,413. Appropriate budget adjustments will be included with the Fourth Quarter Budget Status Report. The $3,750,000 repayment of the loan will commence five (5) years from the Effective Date and Stage Red will repay three hundred and seventy-five thousand dollars ($375,000) annually beginning on or before June 30, 2029, with full repayment projected to occur on or before the date the agreement expires, which is June 30, 2038.

MOTION:

Approve staff recommendation.

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AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING CONCERNING

THE REPAYMENT OF A LOAN ISSUED FROM THE CITY OF FONTANA GENERAL

FUND ACCOUNT TO THE STAGE RED ENTERPRISE ACCOUNT FOR THE

OPERATIONS OF STAGE RED FONTANA
This Amendment (“Amendment”) is made and entered into this 14th day of July 2026, to amend the Memorandum of Understanding (“MOU”) concerning the repayment of a loan issued from the City of Fontana General Fund Account (“General Fund”) to the Stage Red Enterprise Account (“Stage Red Account”) for the operations of Stage Red Fontana. The purpose of this Amendment is to reflect an increase in the total loan amount from the General Fund to the Stage Red Fund, a corresponding increase in the total repayment amount, and an adjustment to the repayment schedule.

WHEREAS, on July 14, 2026, the Fontana City Council approved an additional one million six hundred eighty-five thousand four hundred thirteen-dollar ($1,685,413) loan from the General Fund to the Stage Red Account; and
WHEREAS, the City of Fontana desires to amend the MOU to reflect an increase of one million six hundred eighty-five thousand four hundred thirteen-dollar ($1,685,413) to the existing Loan balance of two million sixty-four thousand five hundred eighty-seven dollars ($2,064,587), bringing the total loan amount to three million seven hundred fifty thousand dollars ($3,750,000), and to adjust the repayment schedule accordingly.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the MOU shall be amended as follows:

1. Section 2 “Purpose of MOU.” Section 2 shall be amended to read as follows:
“The purpose of this MOU is to outline the terms and conditions of the five hundred thousand dollar ($500,000.00) loan issued on March 12, 2024, the two hundred fifty thousand dollar ($250,000) loan issued on July 16, 2024, a one million dollar ($1,000,000) loan issued on May 13, 2025, a three hundred fourteen thousand five hundred eighty seven dollar ($314,587) loan issued on January 13, 2026, and a one million six hundred eighty-five thousand four hundred thirteen-dollar ($1,685,413) loan issued on July 14, 2026 for a total loan amount to three million seven hundred fifty thousand dollars ($3,750,000), from the General Fund to the Stage Red Fund for operational purposes.”

2. Section 4 “Repayment Provisions.” Section 4 shall be amended to read as follows:
“On or before June 30, 2038, the Stage Red Account shall fully repay the Loan by tendering to the General fund the sum of three million seven hundred fifty thousand dollars ($3,750,000), which shall be delivered in the form of ten (10) payments, in accordance with the following payment schedule:
64 On or before June 30, 2029 Payment due: $375,000
On or before June 30, 2030 Payment due: $375,000
On or before June 30, 2031 Payment due: $375,000
On or before June 30, 2032 Payment due: $375,000
On or before June 30, 2033 Payment due: $375,000
On or before June 30, 2034 Payment due: $375,000
On or before June 30, 2035 Payment due: $375,000
On or before June 30, 2036 Payment due: $375,000
On or before June 30, 2037 Payment due: $375,000
On or before June 30, 2038 Payment due: $375,000

3. Section 5 “Acknowledgement of Payment in Full.” Section 5 shall be amended to read as follows:
“When the sum of three million seven hundred fifty thousand dollars ($3,750,000) is paid in accordance with Paragraph 4, the Loan will be fully repaid and no other sum for interest, penalties, fees or any other purposes will be due.”

4. Except as expressly amended by this Amendment, all other terms and conditions of the original MOU shall remain in full force and effect.

IN WITNESS WHEREOF, the Agreement has been executed as of the date first written above. (SIGNATURES ON THE NEXT PAGE)
65 CITY OF FONTANA GENERAL FUND
_________________________________
Jessica Brown
Chief Financial Officer
Finance

STAGE RED ENTERPRISE FUND
__________________________________
Phillip Burum
Deputy City Manager
Development Service

CITY OF FONTANA
________________________________
Matthew Ballantyne
City Manager
66 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1103 Agenda Date: 7/14/2026
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the West End Regional Navigation Center Project (Bid No. DE-26- 222-SB)
RECOMMENDATION:

1. Approve and authorize the City Manager to award and enter into a construction contract not to exceed $14,620,100 that includes a 10% contingency with the lowest responsible/responsive bidder for the construction of the West End Regional Navigation Center Project (Bid No. DE-26- 222-SB).

2. Appropriate $4,200,000.00 from fund 604 (Transitional Use Tax) to Project No. 37600084, West End Regional Navigation Center Project.

COUNCIL GOALS:
· To 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.
· To provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.
· 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 creating and promoting community through people, parks, and programs.

DISCUSSION:

The City of Fontana’s Capital Improvement Budget includes the Regional Navigation Center Tenant Improvements Project (“Project”). The proposed tenant improvements will provide for the conversion of the existing industrial facility located at 11109 Jasmine Street, Fontana, CA 92337, into a Regional Navigation Center intended to house chronically homeless individuals in small dormitory-style living quarters, as well as provide individual living units for those requiring less intensive care.

Improvements to the facility will include the construction of meeting and office spaces for occupants and counseling services, group and individual living areas, a reception lobby, commercial kitchen, food storage, restrooms, showers/baths, laundry facilities, dining hall, recreation areas, and all associated electrical, plumbing, HVAC, technology, and site improvements required to support the facility. It is estimated that the facility will house up to two hundred (200) chronically homeless City of Fontana Page 1 of 2 Printed on 7/8/2026
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File #: 26-1103 Agenda Date: 7/14/2026
Agenda #: F. Category: Consent Calendar
facility. It is estimated that the facility will house up to two hundred (200) chronically homeless individuals in dormitory-style accommodations and provide individual units for those requiring less intensive care. Final tenant occupancy and detailed space programming will continue to be refined during the design development process.

It is anticipated that the lowest responsible/responsive bidder will be determined shortly after the City Council’s approval of this item. Staff is requesting that the City Manager be authorized to award and enter into a construction contract with the lowest responsive/responsible bidder in order to expedite the contract approval process and accommodate the project schedules. With this action, the City Council authorizes the City Manager to award the construction contract to the lowest responsive and responsible bidder, provided that the construction contract cost is within the project budget.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated at $14,620,100.00. The available budget in Project No. 37600084 is $11,563,228.47. Considering all project expenses, an additional $4,200,000.00 is being requested in 37600084-604-8329 and is not included in the FY 2026 - 2027 budget. The request will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation.

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REGIONAL NAVIGATION CENTER TENANT

IMPROVEMENT PROJECT
0 800 1600
SCALE 1:800

PROJECT LOCATION
N

CITY LIMIT
69 Bid Results
West End Regional Navigation Center Project
DE-26-222-SB

1. R.C. Construction Services $12,828,000.00
Redlands, CA

2. First Trade $12,890,000.00
Irvine, CA

3. ACC Contractors, Inc. $13,291,000.00
Azusa, CA

4. Dalke and Sons Construction, Inc. $13,990,000.00
Riverside, CA

5. Spec Construction Co., Inc. $14,169,100.00
Ontario, CA

6. Newman Midland Corporation $14,383,087.00
Long Beach, CA

7. Caliba, Inc. $14,500,000.00
Anaheim, CA

8. CABD Construction, Inc. $14,577,000.00
Sun Valley, CA

9. Swinerton Builders $14,855,000.00
Santa Ana, CA

10. Builders United $14,977,700.00
Las Vegas, NV

11. PCN3, Inc. $15,384,000.00
Los Alamitos, CA

12. Angeles Contractor, Inc. $16,622,000.00
City of Industry, CA
70 13. Monet Construction, Inc. $17,125,000.00
Tujunga, CA
71 City of Fontana
West End Regional Navigation Center Project (DE-26-222-SB), bidding on 07/01/2026 2:00 PM (PDT)

Printed 07/01/2026
PlanetBids
72 City of Fontana
West End Regional Navigation Center Project (DE-26-222-SB), bidding on 07/01/2026 2:00 PM (PDT)

Printed 07/01/2026
PlanetBids
73 City of Fontana
West End Regional Navigation Center Project (DE-26-222-SB), bidding on 07/01/2026 2:00 PM (PDT)

Printed 07/01/2026
PlanetBids
74 City of Fontana
West End Regional Navigation Center Project (DE-26-222-SB), bidding on 07/01/2026 2:00 PM (PDT)

Printed 07/01/2026
PlanetBids
75 City of Fontana
West End Regional Navigation Center Project (DE-26-222-SB), bidding on 07/01/2026 2:00 PM (PDT)

Printed 07/01/2026
PlanetBids
76 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1104 Agenda Date: 7/14/2026
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to the Main Extension Contract with San Gabriel Valley Water Company RECOMMENDATION:

1. Approve and authorize the City Manager to enter into Amendment No. 1 to the Main Extension Contract with San Gabriel Valley Water Company in the amount of $195,000.00.

2. Approve and authorize the City Manager to enter into future Amendments to the Main Extension Contract with San Gabriel Valley Water Company not to exceed $100,000.00.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · To improve public safety by maximizing fire and emergency medical service resources.

DISCUSSION:

On February 6, 2024, the Fontana Planning Commission approved MCN 22-137 for the construction of Fire Station 80, a 14,663 SF fire station, a 4,193 SF training center, and a 7,000 SF training tower on the northeast corner of Cherry Avenue and South Highland Avenue. To properly service the site with water, San Gabriel Valley Water Company (SGVWC) requested the execution of the Main Extension Contract to extend mainline water facilities from San Sevaine Road along South Highland Avenue.

On September 10, 2024, the City Council approved the Main Extension Contract with SGVWC. The proposed mainline extension improvements will consist of the installation of the extension of the main line pipe, one (1) fire hydrant, landscape service, domestic service, and fire service. The total estimated construction cost for these improvements was $1,721,240.00.

Amendment No. 1, in the amount of $195,000.00, includes additional items such as overhead, inspection services, and contingency. The agreed amount of Amendment No. 1 increases the total estimated construction cost to $1,916,240.00. Any amount not used during construction will be credited back to the City.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $195,000.00 and is included in the current FY 2026/2027 Budget in Fire Station No. 80 Project No. 37603385-610-A-8335.

MOTION:

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File #: 26-1104 Agenda Date: 7/14/2026
Agenda #: G. Category: Consent Calendar
Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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MAIN EXTENSION CONTRACT WITH THE

SAN GABRIEL VALLEY WATER COMPANY
0 800 1600
SCALE 1:800
N

PROJECT LOCATION
79 80
Total Contract: $1,916,240.00 81
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1105 Agenda Date: 7/14/2026
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 4 to Task Order No. 4 for Design Services with KOA, a Lochner Company, for the Sierra Avenue at Riverside Avenue Traffic Signal Project (SQ-87-DE-19) RECOMMENDATION:

1. Approve and authorize the City Manager to enter into Amendment No. 4 to Task Order No. 4 with KOA, a Lochner Company, for the Sierra Avenue at Riverside Avenue Traffic Signal Project in the amount of $145,570.00, for a total task order amount of $293,470.00.

2. Authorize the City Manager to enter into any future amendments to the Task Order not exceeding $100,000.00.

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

DISCUSSION:

The proposed improvements for the Sierra Avenue at Riverside Avenue Traffic Signal Project include construction of a new traffic signal at the intersection of Sierra Avenue at Riverside Avenue. The implementation of a signal at this intersection will improve the flow of the traffic and enhance safety.

Roadway widening, signage, and striping will also be improved with this project.

This Amendment No. 4 will permit KOA, a Lochner Company, to perform the additional scope changes to the project. These scope changes incorporate design changes, right-of-way determination, and potholing for the new traffic signal foundation locations.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $145,570.00 and is included in the current FY 2026/2027 Budget in the Sierra Avenue at Riverside Avenue Traffic Signal Project No. 37603329-601-A-8113.

MOTION:

Approve staff recommendation.

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File #: 26-1105 Agenda Date: 7/14/2026
Agenda #: H. Category: Consent Calendar
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2855 E Guasti Road, Suite 410
OFFICE 909.890.9693
• Ontario, CA 91761
• hwlochner.com
I:\ONT\LEGACY\Projects\2021\JC14034 FO_Sierra Ave-Riverside Ave TS\Contract| 06/10/2026 | Page 1 June 10, 2026
Estephany Monroy
Project Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Subject: City of Fontana- Scope and Fee for the Sierra Avenue and Riverside Avenue Intersection Redesign Dear Estephany Monroy:

KOA (a Lochner company) is pleased to submit this scope and fee to provide engineering and design services for the City of Fontana- Sierra Avenue and Riverside Avenue Intersection Improvements Project. The City of Fontana approved the conceptual redesign of the intersection during a meeting on 4/30/2026 and would like to move forward to update the construction Plans, Specifications, Estimates (PS&E). Refer to Attachment A for the redesign layout that includes revisions discussed during that meeting.

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
This task will include the following items:
• Design, plan production and submittal oversight.
• Prepare monthly invoices with their respective progress reports. • Conduct internal meetings as needed to resolve any project issues TASK 2 – 90% DESIGN
Roadway Plans
KOA will use portions of the existing 100% Roadway Plans to prepare a new 90% Submittal and will retain the existing scale and orientation of the sheets. The Roadway Plans will update the following sheets:
o Title Sheet – 1 Sheet
o Typical Sections - 1 Sheet
o Road Details - 1 Sheet
o Street Improvement Plans and Profiles- 4 Sheets of 5 (includes 1 new sheet) o Signing and Striping - 2 Sheets (of 4 Sheets)
o Traffic Signal Plans – 1 Sheet
Deliverables:
 Roadway Plans (90%) – 14 Sheets (10 Updated)
Specifications
KOA will answer technical questions and provide limited suggestions for the specifications prepared by the City.

Deliverables:
 Specifications at 90%
Cost Estimate
Cost Estimates will be prepared at 100% design stage. We will apply market construction costs for each bid item to the 85 I:\ONT\LEGACY\Projects\2021\JC14034 FO_Sierra Ave-Riverside Ave TS\Contract| 06/10/2026 | | Page 2 quantities measured using a combination of available sources including Caltrans published data, recent bid prices from other local projects, and any other data provided for our use by the City. We will update the cost estimates based on the refinement of the quantities throughout the project.

Deliverables:
 Cost Estimate at 90%
TASK 3 – 100% DESIGN
Plans, Specifications and Estimates
KOA will submit electronic copies of the 100% plans, specifications and estimates to the City. The 100% plans will include all items listed in the 90% submittal.

Deliverables:
 Roadway Plans at 100%
 Specifications at 100%
 Cost Estimate at 100%
TASK 4 – OTHER SERVICES
Clearing Holes and Right-of-Way
• Clearing hole services at up to four (4) locations (90%) o KOA will sub-consult these services to T2 Utility Engineers, and they will perform the work specified in the proposal shown in Attachment B.
• Right-of-Way Research and Legal Descriptions (90% and 100%) o KOA will sub-consult these services to KDM Meridian. and they will perform the work specified in the scope of work shown in Attachment C.

SCOPE OF WORK ASSUMPTIONS & EXCLUSIONS
• All submittals will be made electronically.
• Any unforeseen scope of work items not described above will be considered as additional work and will be discussed with the City.
• Any significant changes on the scope will be treated as additional work and a new scope of work and fee will be negotiated with the City.

FEE ESTIMATE
KOA will perform the work specified in the scope above based on the fee below. See Attachment D for fee breakdown.

TASKS FEE

1. Project Management $13,510

2. 90% PS&E $69,480

3. 100% PS&E $35,760
4a. Clearing Holes (T2 Utility Engineers) $18,070
4b. Right-of-way and Pothole Survey (KDM Meridian) $8,750 TOTAL $145,570.00
The budget is based upon the work scope and level of effort presented above and includes the cost of all related technical 86 I:\ONT\LEGACY\Projects\2021\JC14034 FO_Sierra Ave-Riverside Ave TS\Contract| 06/10/2026 | | Page 3 and administrative services. The work scope is considered complete upon submittal of final documents by Lochner. Any additional services requested after document submittal will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

WORK SCHEDULE
Refer to Attachment E for draft project schedule.

AUTHORIZATION
An amended professional service agreement shall be prepared and executed prior to work.

Sincerely,
KOA | A KOACompany
Kenneth Hawkins, PE
Principal | California Area Manager
87 Principal I Project
Manager II
Marlon
Medina
Engineer
Associate II
Raisa Baker
Engineer
Associate I
Mathew Lara
Project
Services
Coordinator II
T2 Utility
Engineers
(Clearing Holes)
KDM Meridian (Right-of-way
Pothole Survey)
Hourly Rates (Fully Burdened) $340.00 $270.00 $170.00 $145.00 $135.00 ADDITIONAL BUDGET REQUEST FOR 65%PS&ETASK 1: PROJECT MANAGEMENT General Project Management, Project/Document Controls/Progress Reports 4 40 10 54 $13,510.00 TASK 1 - SUBTOTAL 4 40 10 54 $13,510.00
TASK 2: 90% PS&E
90% SheetsTitle Sheet - 1 Sheet 2 6 8 $1,410.00Typical Sections - 1 Sheet 2 8 10 $1,700.00Road Details - 1 Sheet 2 16 18 $3,260.00Street Improvement Plans and Profiles- 4 of 5 Sheets (1 New) 2 20 120 14 156 $28,510.00Signing and Striping - 2 of 4 Sheets 2 4 64 70 $11,040.00Traffic Signal - 1 Sheet 2 2 24 4 32 $5,880.00Estimates 4 64 68 $10,360.00Specifications (Technical) 12 24 36 $7,320.00 TASK 2- SUBTOTAL 6 48 184 160 398 $69,480.00
TASK 3: 100% PS&E
100% SheetsTitle Sheet - 1 Sheet 1 3 4 $705.00Typical Sections - 1 Sheet 1 4 5 $850.00Road Details - 1 Sheet 1 8 9 $1,630.00Street Improvement Plans and Profiles- 4 of 5 Sheets (1 New) 2 10 60 7 79 $14,595.00Signing and Striping - 2 of 4 Sheets 2 2 32 36 $5,860.00Traffic Signal - 1 Sheet 2 1 12 2 17 $3,280.00Estimates 2 32 34 $5,180.00Specifications (Technical) 6 12 18 $3,660.00 TASK 3- SUBTOTAL 6 24 92 80 202 $35,760.00
TASK 4: Other
T2 Utility Engineers (Clearing Holes) $18,070.00 $18,070.00KDM Meridian (Right-of-way Pothole Survey) $8,750.00 $8,750.00 TASK 4 - SUBTOTAL $26,820.00
GRAND TOTAL 16 112 276 240 10 654 $145,570.00
NTE
FEE ESTIMATE - AMENDTMENT#2

CITY OF FONTANA

SIERRA AVE & RIVERSIDE AVE

ADDITIONAL BUDGET TO REDESIGN

DELIVERABLES
Total Hours Other Direct
Costs TOTAL
KOA
88 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1106 Agenda Date: 7/14/2026
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Task Order for Geotechnical Observation, Materials Testing, and Special Inspection Services for Fire Station No. 80 - Training Center Project (Bid No. DE-24-195-SQ-16) RECOMMENDATION:

1. Approve and authorize the City Manager to enter into the Task Order with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Observation, Materials Testing, and Special Inspection services for the Fire Station No. 80 - Training Center Project (Bid No. DE-24-195-SQ-16) in the amount of $395,605.00.

2. Approve and authorize the City Manager to enter into future amendments to the Task Order for Geotechnical Observation, Materials Testing, and Special Inspection services for Fire Station No. 80 - Training Center Project not to exceed $100,000.00.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · To improve public safety by maximizing fire and emergency medical service resources. · To improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

Fire Station No. 80 is a priority one project that involves the construction of a new fire station training center and tower simulator in the western area of the City limits. The proposed site is located at 6585 Cherry Avenue, on the northeast corner of Cherry Avenue and S. Highland Avenue. The new training center and tower simulator will be Phase 1 of the new Fire Station No. 80 Project while laying the foundation for the fire station at a later stage in Phase 2.

Staff released a request for proposals (RFP) for Geotechnical Engineering and Materials Testing Services to firms that are on the City’s pre-qualified Engineering List (DE-24-195-SQ) by notifying firms through the City’s online bid system. Three (3) prospective bidders downloaded the RFP documents. On May 28, 2026, proposals were received from two (2) firms interested in providing Geotechnical Observation, Materials Testing, and Special Inspection Services for the project. The City of Fontana Page 1 of 2 Printed on 7/6/2026
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File #: 26-1106 Agenda Date: 7/14/2026
Agenda #: I. Category: Consent Calendar
proposal costs ranged from $395,605.00 to $536,281.56.

As a result, staff is recommending the award of the Task Order to Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Observation, Materials Testing, and Special Inspection services based on being the best value to the City.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $395,605.00 for the full term of the construction contract. Funds are included in the Fiscal Year 2026-27 budget in 37603385-610-D-8112 funded by Fire Capital Project Fund (Fund 610). All future costs will be included in subsequent fiscal year budgets.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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FIRE STATION 80 TRAINING CENTER PROJECT

PROJECT LOCATION
91 NINYO & MOORE, A SOCOTEC COMPANY 1
7888 Cherry Avenue, Unit I, Fontana, CA 92336 | 909.758.5960 | www.ninyoandmoore.com May 28, 2026
Proposal No. P04-05507
City of Fontana
Purchasing Office
8353 Sierra Avenue
Fontana, California 92335
Subject: Proposal to Provide Geotechnical Observation, Materials Testing and Special Inspection Services Fire Station No. 80 Project
City of Fontana | DE-24-195-SQ-16 (Pre-Qualified List)
Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore), is pleased to submit our proposal to provide the City of Fontana (City) with geotechnical observation, materials testing and special inspection services for the Fire Station No. 80 project. We have prepared this proposal based on the City’s Proposal (RFP) DE-24-195-SQ-16 posted May 8, 2026 and Q&A Set 1 released via Addendum May 19, 2026. We fully understand the type of services the City requires, and are ready to meet your needs by making available a dedicated team of professionals who have the requisite experience and resources to successfully complete the project.

PROJECT APPROACH AND SCOPE OF SERVICES
Based on our understanding of the proposed construction, and our experience with similar projects, we propose to provide the following scope of services:
• Project coordination, management and technical support including review of the project plans and specifications, work scheduling, mix design review and distribution of test data. • Regular distribution of test data and reports to the client approved distribution list. • Attendance at pre-construction and progress meetings and as-requested field meetings. • Field Technician services for observation, sampling and testing during site earthwork, building pad preparation, subgrade preparation, aggregate base, trench backfill and asphalt concrete pavement placement. Field density test will be performed to evaluate the Contractor’s compaction efforts.
• Special Inspector services for inspection during structural concrete construction including inspection of formwork, as well as checking reinforcing steel size, grade, spacing and clearances. • Field ACI Technician services for observation and sampling and testing of concrete, grout and mortar including checking slump, temperature, and molding of concrete cylinders for compression testing, as needed. • Field Technician services for observation during batching of concrete at the concrete batch plant including checking batch weights and signing each delivery ticket.
• Field Technician services for sampling, tagging, and testing of construction materials, such as masonry block, reinforcing steel and high strength bolts (HSB).
• Special Inspector services for inspection and structural steel welding and bolting, as well as non-destructive testing of welds in accordance with the project documents.
• Special Inspector services for inspection and structural masonry construction including inspection during block placement and reinforcing steel installation. Grout cells will be inspected for cleanliness prior to grout placement. Continuous inspection during grout placement and consolidation.
• Pick-up and transportation of concrete, grout, mortar, prism, and block samples for testing at our laboratory. • Preparation of progress reports and field memoranda to document the items inspected. • Laboratory testing including, but not limited to soils, asphalt, rebar bend/tensile testing, HSB, anchors, masonry shear cores and concrete, grout, mortar, prism compressive strength testing. 92 NINYO & MOORE, A SOCOTEC COMPANY
City of Fontana Fire Station No. 80 Project | 04-05507 | May 28, 2026 2 • Environmental Services (If needed), for testing and reporting for import of soils. • Preparation of the Final Compaction Report and Inspection and Materials Report which present our opinion of the construction observed and presents a summary of the test data results.

ASSUMPTIONS
Based on the construction schedule described above and our project understanding, the following assumptions have been made in the preparation of our scope of services:
• Our services will be coordinated and scheduled as requested by our client or client’s authorized representative. • Our services are subject to prevailing wage requirements. • Upon award of the project, the client will provide in writing the DIR Project ID for the purposes of electronic certified payroll reporting and labor compliance.

ESTIMATED FEE
We propose to provide our services on a time-and-materials basis in accordance with the attached Schedule of Fees and Schedule of Fees for Laboratory Testing. Our estimated fee is based on the hours and units (level of effort) presented in the RFP. Our Cost Proposal Sheet is uploaded as a separate document.

Ninyo & Moore appreciates the opportunity to provide services on this project, and we look forward to working with you.

Respectfully submitted,

NINYO & MOORE
Alfred “Tino” Rodriguez
Principal/Construction Services
AR/klb
Attachments: Project Team
Project Experience
Schedule of Fees
Schedule of Fees for Laboratory Testing
93 NINYO & MOORE, A SOCOTEC COMPANY
City of Fontana Fire Station No. 80 Project | 04-05507 | May 28, 2026 3 PROJECT TEAM
We have carefully selected our project team to ensure that the City receives the dedicated, skilled staff with the required local experience, licenses, and communication skills that are necessary for the successful completion of the City’s project.

Garreth Saiki, PE, GE Principal Engineer
Mr. Garreth Saiki, PE, GE, a Principal Engineer and designated Principal-in-Charge for this contract. He is responsible for the overall performance of Ninyo & Moore’s services and will ensure that the project manager has full support and the resources needed to successfully staff and manage this contract with the City. Mr. Saiki has a Bachelor’s Degree in Civil Engineering and a Master’s Degree in Geotechnical Engineering, both from the University of California, Berkeley, as well as a Master’s Degree in Business Administration from the University of California, Davis. He is a Californiaregistered Civil and Geotechnical Engineer with more than 40 years of experience, the past 28 years at Ninyo & Moore.

Mr. Jeffrey Dalgity, Project Manager
Mr. Dalgity will serve as Project Manager, bringing over 30 years of experience providing geotechnical engineering, materials testing, and deputy inspection services for a wide range of public works projects. He offers extensive expertise in testing and inspection protocols, quality assurance, and project close-out requirements. His experience includes quality control and inspection of underground utilities, foundations, and shoring systems, including tie-back shoring and retaining wall construction. Mr. Dalgity also possesses comprehensive laboratory testing experience in concrete, soils, aggregates, and asphalt materials.

In addition to his project management responsibilities, Mr. Dalgity provides technical oversight and training for both field and laboratory personnel, ensuring consistent adherence to project specifications and industry standards. He served as Project Manager for the City’s Downtown Parking Structure and City Hall Renovation projects, demonstrating his ability to successfully lead complex municipal projects.

Mr. Alfredo “Tino” Rodriguez, Principal/Construction Services Mr. Alfredo “Tino” Rodriguez is Principal/Construction Services Manager and will provide oversight of our testing and inspection services in the field. Mr. Rodriguez has more than 40 years of experience, the past 30 years at Ninyo & Moore, in providing specialty inspection, geotechnical and materials testing services, as well construction management services. He has coordinated and supervised the field services for several essential service project contracts and is very experienced with various testing and inspection procedures and project close-out requirements. He also performs quality control and inspection for underground utility, foundation and shoring construction including inspection during tie-back shoring/wall construction.

Paul Medina, Lead Special Inspector
In his role as Lead Inspector, Mr. Medina performs inspections of various project elements including concrete, prestressed concrete, post tensioned concrete, steel welding and bolting, masonry, spray-applied fireproofing, high-strength bolts, shotcrete, and fiber reinforced polymer. Mr. Medina also performs inspection at fabrication plants for structural steel and precast concrete. He obtains or prepares representative specimens of these materials to be tested in our certified laboratory. He assures that representative samples are obtained in accordance with the approved project documents and minimum frequencies. His observations and inspections are documented in detailed daily inspection report that is provided at the end of each work shift. He is also the project liaison with the governing Building Department field representatives. Mr. Medina maintains clear communication with the Project Manager, Project Architect (design professional), Contractor and Building Department regarding all aspects of the inspections and non-conformance items. At project completion, a formal Final Inspection Report is provided to the Building Official and client for final close-out of the project.

Coordination
Practices
Clear, continuous communication drives successful contract management. Ninyo & Moore assigns a dedicated Project Manager as the central point of contact, ensuring alignment with project goals, coordinating document distribution and inquiries during bidding and construction, and maintaining close collaboration with all team members. Communication is streamlined through phone, text, email, SharePoint, and DropBox. 94 NINYO & MOORE, A SOCOTEC COMPANY
City of Fontana Fire Station No. 80 Project | 04-05507 | May 28, 2026 4 County of San Bernardino
Valley Communications Center, San Bernardino, CA
Ninyo & Moore provided materials testing and special inspection services for the San Bernardino County Valley Communications Center project in San Bernardino, California. The design-build project includes demolition, a new 75,000-square-foot three-story facility, parking, photovoltaic canopies, a 200- foot communications tower, and site improvements. The structure features a mat foundation, base isolators, and structural steel framing. Site work includes utilities, drainage systems, pavement, fencing, and solar canopies supported by caisson foundations. Ninyo & Moore performed specialty inspections for concrete, base isolators, masonry, and structural steel, along with materials testing for concrete, steel, and masonry.

PROJECT EXPERIENCE
The following are detailed descriptions of Ninyo & Moore’s relevant projects successfully completed by our staff in the last five (5) years that demonstrate our competence to perform work similar in scope and magnitude to that required for this project.

City of Rancho Cucamonga
Fire Station 178, Rancho Cucamonga, CA
Ninyo & Moore provided geotechnical, materials testing, and specialty inspection services for the Fire Station No. 178 project in Rancho Cucamonga, California.

The design-build project included construction of a 12,176-SF, two-story fire station; an 824-SF storage building; a 1,577-SF reserve storage building; a trash enclosure; and related site improvements. Work involved remedial grading and over-excavation for building pad preparation. Structural systems included concrete footings and slabs, masonry walls, structural steel framing, and wood components, varying by building. Site improvements included retaining walls, utilities, storm drain, bio-retention basins, paving, and landscaping.

Ninyo & Moore’s services included geotechnical observation; field and laboratory testing; and inspection of structural steel, concrete, masonry, and fabricated elements during construction, grading, backfill, paving, and foundation activities.

Port of Long Beach
Fireboat Station #20, Long Beach, CA
Ninyo & Moore provided geotechnical, materials testing, and specialty inspection services for the Port of Long Beach Fire Station No. 20 project at Pier D (Berths D50–51) in Long Beach, California. The project involved construction of a new two-story fire station and site improvements, including a fireboat bay enclosure, floating dock, piles, retaining walls, an emergency generator enclosure, underground utilities, fencing, and paving.

Work also included installation of precast prestressed concrete piles.

Services included geotechnical observation; field density testing during earthwork; and materials testing and special inspections for reinforced concrete, masonry, and structural steel. Ninyo & Moore also performed inspection and testing at the precast pile fabrication plant and provided project management and reporting, including preparation of the final compaction report.
95 NINYO & MOORE, A SOCOTEC COMPANY
City of Fontana Fire Station No. 80 Project | 04-05507 | May 28, 2026 Excluded from
Page Count
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst.............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator ......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 220 Field Operations Manager....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................ $ 135 Senior Technician.................................................................................................................................................... $ 135 Technician................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor........................................................................................................................................................ $ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 15/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment $ 15/hr
Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Technicians and special inspectors, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

SCHEDULE OF FEES
96 NINYO & MOORE, A SOCOTEC COMPANY
City of Fontana Fire Station No. 80 Project | 04-05507 | May 28, 2026 Excluded from
Page Count
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293.....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226.................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791............................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39.....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289...................$ 475 Fireproofing Density Test, UBC 7-6...........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 97 PROPOSAL
ITEM NO.

WORK ACTIVITY DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT RATE TOTAL
Field
1 Grading Observation & Testing 280 HR $ 145.00 $ 40,600.00 2 Compaction Testing 600 HR $ 145.00 $ 87,000.00
3 Reinforced Concrete Inspection,
Sampling & Testing
240 HR $ 145.00 $ 34,800.00
Laboratory Testing &
Engineering $ -
4 Grading Observation - Maximum Density
Testing for Soils (ASTM D1557)
6 EA
$ 220.00 $ 1,320.00
5 Compaction Testing 35 EA $ 1.00 $ 35.00
6 A/C Paving - HVEEM Stability Test for
Asphalt
2 EA $ 225.00 $ 450.00
7 Concrete Compression Strength Testing (Each
test shall include four 6"x12")
30 EA
$ 35.00 $ 1,050.00
8 Concrete Compression Strength Testing (4x8) 96 EA $ 35.00 $ 3,360.00 9 Tension & Bend Rebar, Post Installed Anchors 24 EA $ 75.00 $ 1,800.00 10 Welding - High Strength Bolt, Nut, Washer
Testing
4 EA $ 150.00 $ 600.00
11 Masonry - Block (ASTM C90) 1 EA $ 500.00 $ 500.00
12 Masonry - Mortar Compression Test 10 EA $ 35.00 $ 350.00 13 Masonry - Grout Compressive Testing 10 EA $ 35.00 $ 350.00 14 Masonry - Core (Shear) 1 EA $ 70.00 $ 70.00
15 Masonry - Core (Compression) 1 EA $ 70.00 $ 70.00
16 Nondestructive Testing - UT 8 EA $ 10.00 $ 80.00
17 Design Mix Verification (Periodic) 5 EA $ 150.00 $ 750.00 18 Verification of In-Situ Concrete
Strength (Periodic)
4 EA $ 100.00 $ 400.00

SPECIAL INSPECTION
SERVICES $ -
19 Special Inspection - Welding 88 HR $ 145.00 $ 12,760.00 20 Special Inspection - Masonry 240 HR $ 145.00 $ 34,800.00 21 Special Inspection - Concrete (IBC Section
1705.3)
320 HR $ 145.00 $ 46,400.00
22 Steel - Shop Inspection 320 HR $ 145.00 $ 46,400.00
23 Special Inspection - Soils (CBC
1705A.6)
80 HR $ 145.00 $ 11,600.00
24 Over-Excavation Observation & Fill Approval 80 HR $ 145.00 $ 11,600.00 25 Underground Water Tank Backfill Inspection &
Compaction Testing
32 HR $ 145.00 $ 4,640.00
26 Imported Fill Material Testing & Approval (Per
Source)
3 EA $ 300.00 $ 900.00
27 Special Inspection - Structural Wood (CBC
1705A.5)
80 HR $ 145.00 $ 11,600.00
28 Nelson / End-Welded Stud Inspection & Bend
Testing (CBC 2213A.2)
12 EA $ 145.00 $ 1,740.00
29 Infiltration System Subgrade Testing &
Percolation Testing
4 EA $ 145.00 $ 580.00
30 Contaminated Soils Assessment, Field
Screening & Disposal Protocol (Contingency)
1 LS
$ 5,000.00 $ 5,000.00
OFFICE $ 361,605.00
31 Project Management (Duration for the
entire project)
1 LS $ 30,000.00
32 Certified Payroll Administration (Duration for the
entire project)
1 LS $ 1,000.00
33 Prepare Test Results Summary Report
(Separate from onsite summary report)
1 LS $ 3,000.00
(SUBMIT ONLINE)

COST PROPOSAL---SCHEDULE GEOTECHNICAL & INSPECTION SERVICES Fire Station No. 80
Subtotal
98 City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1107 Agenda Date: 7/14/2026
Agenda #: J. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to enter into a Maintenance Agreement to Establish Maintenance Obligations and Certain Rights Incidental to the Public Right-of-Way with HDO4, LLC RECOMMENDATION:

Approve and authorize the City Manager to enter into a Landscape Maintenance Agreement to establish maintenance obligations and certain rights incidental to the public right-of-way along John Previti Avenue and Citrus Avenue.

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

DISCUSSION:

On July 27, 2021, the City Council approved MCN20-099, SPA Amendment No. 21-004, TPM21-003 (TPM No. 20237), and Design Review No. 21-002. To adhere to the Specific Plan requirements, the developer is required to construct various improvements along John Previti Avenue and Citrus Avenue.

As part of these improvements, the developer, HDO4, LLC, has expressed a desire to maintain the landscaped median and trees within the public right-of-way along John Previti Avenue and Citrus Avenue, within their project boundary. The proposed Landscape Maintenance Agreement will establish the landscape maintenance obligations for these areas.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/6/2026
powered by Legistar™ 99
RECORDING REQUESTED BY:

Orange Coast Title Company
2151 E Convention Center Way, Suite 230
Ontario, CA 91764
WHEN RECORDED RETURN TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer
Space Above This Line For Recorder’s Use

MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into as of this day of , 2026, by and between HDO4, LLC, a Delaware limited liability company (“Developer”), and the CITY OF FONTANA (the “City”). Developer and the City may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS:

A. Developer is the owner of certain real property located at Assessor’s Parcel Number (APN) 0226-075-60 in the City of Fontana, County of San Bernardino, State of California, which is more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Developer Property”). Developer has or intends to construct Commercial units on the Developer Property.

B. City and Developer wish to establish maintenance obligations and certain rights incidental to the public right-of-way (“ROW”) near portions of the Developer Property as shown in Exhibit “B,” attached hereto and incorporated herein by reference.

C. The Developer Property and ROW are part of a larger project (“Project”) which includes that real property described in Exhibit “C,” attached hereto and incorporated by reference. The remainder of the Project is currently in development, and the Parties anticipate it to be developed pursuant to the terms of a certain 2020 Disposition Agreement, dated July 2, 2020 (the “DDA”).

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1. Maintenance Obligations.

A. Developer Maintenance Area. “Developer Maintenance Area” means those portions of the parkway landscape areas within the ROW which are generally depicted on Exhibit “B.” The “Developer Maintained Improvements” means street trees, landscaping, and associated irrigation improvements within the Developer Maintenance Area. Developer shall perform the following with respect to the Developer Maintenance Area:

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(i) Keep the Developer Maintenance Area reasonably free of plant and landscape debris.
(ii) Repair damage to the Developer Maintenance Areas due to the elements and ordinary wear and tear.
(iii) Pursuant to Section 4 below, Developer shall Maintain and replace the street trees and landscaping within the Developer Maintenance Area. In addition, the replacement of any Street trees must be approved in writing by the City.
(iv) Maintain proper weed abatement within the Developer Maintenance Areas and corresponding ROW in accordance with the approved plans and all City landscape standards and specifications.

B. City Responsibility. Maintenance and repair of Sidewalks, curb ramps, and curb and gutters shall be the responsibility of the City upon expiration of the one (1) year warranty period and the written acceptance of the improvements by the City.

2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligation of the Developer Maintenance Areas until such time as the City, in its sole and absolute discretion, elects to maintain such area, at which time the applicable area shall no longer constitute a part of the Developer Maintenance Area. In such event, the City shall provide a notice of termination of the Developer Maintenance Areas in writing to Developer.

3. Use of ROW. The Parties agree that neither Party shall have the right to erect any structure or conduct any activity within the ROW which will unreasonably inhibit or impair the use of the ROW described in this Agreement. The ROW shall be accessible by the general public.

4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the Developer Maintenance Areas and/or the Developer Maintained Improvements, as set forth above, then the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Developer Maintenance Areas or Developer Maintained Improvements ("Defects Notice"). The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no less than fifteen (15) days from the Developer's actual receipt of the Defects Notice.

If the City determines a hazardous situation exists which must be remedied immediately (“emergency situation”), then the City shall have the right to immediately enter into the Developer Maintenance Areas to address and resolve the emergency, after which the City will seek reimbursement in accordance with this section.

If Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice. Developer hereby grants the City, or its assignees, the right of access, ingress and egress upon and across the Developer Maintenance Area as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer’s contractors, or other third party maintenance company to complete the remedial work, provided that all such contractors shall be appropriately licensed (if a license is required for the performance of the remedial work) and, such contractors are employees of the City, maintain workers compensation insurance, automobile insurance, and general commercial liability insurance with limits and terms acceptable to Developer and on which Developer is named as an additional insured . Except in an CED\ 30712-0031\ 772529.2 5/2/2023 -2-
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emergency situation, during which remedial or repair work may be performed at any time to address the emergency, all remedial work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. in a manner that minimizes any inconvenience to the residents of the Developer Property. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement.

5. Indemnification. Developer hereby covenants and agrees to indemnify, defend (with legal counsel selected by the City), and hold City, its officials, officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ and other fees) arising from or in any way connected to any injury to persons or damage to property caused by the negligence or willful misconduct of Developer or its agents during any installation, repair or maintenance activities by Developer or its contractors or agents in the Developer Maintenance Area. City hereby covenants and agrees to indemnify, defend (with legal counsel selected by City and reasonably acceptable to Developer), and hold Developer, its members and their officers, members, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ and other fees) arising from or in any way connected any injury to persons or damage to property caused by the negligence or willful misconduct of City or its agents during any installation or maintenance activities in the ROW.

6. Future CFD. Developer and City agree that the ROW is intended to benefit the entire Project, so as other portions of the Project are developed, the owners of such parcels should be obligated to contribute to the ROW maintenance costs. Therefore, as part of the conditions of approval for the other parcels in the Project, the City shall assist with the initiation and execution the necessary procedures for the establishment of a Community Facilities District (“CFD”) which will own and maintain the ROW, and at such time, Developer shall also participate in such CFD and shall reasonably cooperate in the formation of such CFD. Only upon the successful formation of the CFD and transfer of the maintenance obligations described herein to the CFD, shall this Agreement terminate upon written approval by the City. Notwithstanding the foregoing, the City agrees that the conditions of approval for any parcel within the Property which is owned by Developer or an affiliate of Developer (“Affiliate Property”) shall allow for the amendment of this Agreement in order to include the Affiliate Property as part of the Developer Property instead of requiring the formation and annexation into a CFD.

7. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. Except as expressly stated in this Agreement, there are no third party beneficiaries with the right to enforce this Agreement.

8. Affected and Benefited Land. The land (“Affected Land”) affected by the covenants contained in this Agreement is the Developer Property and the ROW. The land (“Benefited Land”) benefited by the covenants contained in this Agreement is the Developer Property and the ROW.

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9. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Association or the Association's property manager) as either party may designate in a written notice to the other party:

If to Developer:

VENTANA 257, LLC
c/o The Previti Group
2151 E. Convention Center Way, Suite 114
Ontario, CA 91764
Attn: Andrew Wennerstrom
Telephone: (909) 354-8010
[email protected]
With a Copy to:

HDO4, LLC
c/o The Previti Group
2151 E. Convention Center Way, Suite 114
Ontario, CA 91764
Attn: Steven B. Imhoof, Esq.

Telephone (909) 354-8085
[email protected]
If to City:

CITY OF FONTANA
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer
Telephone: (909) 350-7613
[email protected]
With a Copy to:

Best Best & Krieger LLP
28554 E. Guasti Road, Suite 400
Ontario, CA 91761
Attn: Ruben Duran, City Attorney
Telephone: (909) 989-8584
[email protected]

10. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Developer Property.

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11. Headings. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement.

12. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
[Signature Page on Following Page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
VENTANA 257, LLC
By:

Richard Munkvold
Chief Financial Officer
Attest:

By:

Germaine Key, City Clerk
Approved as to form:

Best Best & Krieger LLP
City Attorney
By:

Phillip Burum, Deputy City Manager
Development Services Organization
By:

Gia Kim
City Engineer
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STATE OF CALIFORNIA )
)

COUNTY OF )
On , before me, , a Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public (SEAL)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 106

STATE OF CALIFORNIA )
)

COUNTY OF )
On , before me, , a Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public (SEAL)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 107
EXHIBIT “A”

DEVELOPER PROPERTY
(PA 2 Site Plan)
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PARCEL MAP NO. 20949
109
EXHIBIT “B”

DEVELOPER MAINTENANCE AREA
(PA 2 Landscape Plan)
110
CATV
CATV
TE
6 EVCS
4 EV CAPABLE
5 EV CAPABLE
4 EV CAPABLE
3 EVCS
5 EV CAPABLE
9 EV CAPABLE
3 EVCS
6 EV CAPABLE
TE

BIKE STORAGE

BIKE STORAGE

BIKE STORAGE

BIKE STORAGE

BIKE STORAGE

FLEX BUILDING
OFFICE BLDG.

STORAGE CITRUS AVENUE
LOT 3 JOHN PREVITI AVENUE
LOT 4
LOT 2
LOT 1
VENTANA SPECIFIC PLAN - PLANNING AREA 2
6/18/2026
0' 25' 50' 100' NORTH

AREA TO BE MAINTAINED
BY HD04, LLC.
24-027
E

EXHIBIT B
111
EXHIBIT “C”

LEGAL DESCRIPTION OF REMAINDER OF THE PROJECT
(Site Overview)
APNs:
0226-075-57-0000
0226-075-58-0000
0226-075-59-0000
1107-262-65-0000
1107-262-07-0000
1107-262-04-0000
1107-262-05-0000
0226-075-46-0000
112
Planning Area 1A
City Council Approval Date: 10-8-24
County Document: # 2024-0255288
113

VENTANA LEGAL DESCRIPTIONS
APN: 0226-075-57
Parcel 1, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-58
Parcel 2, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-59
Parcel 3, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.
114
APN 1107-262-65
The North One-half of the Northeast one-quarter of Section 24, Township 1 North, Range 6 west, San Bernardino base and meridian, in the City of Fontana, County of San Bernardino, State of California.

Excepting therefrom the Northerly 380 feet of the Easterly 330 feet of said Northwest onequarter of said Northeast one-quarter of said Section 24.

Also excepting therefrom that portion lying East and Southeasterly of the West and Northwesterly right-of-way of John Previti Avenue, granted to the City of Fontana by deed recorded February 24, 2022, by Doc. No. 2022-0073488, official records of said county.

Also excepting therefrom that portion lying Northerly of the Southerly right-of-way of Duncan Canyon road, Granted to the City of Fontana by deed recorded October 19, 2021, by Doc. No. 2021-0473028, official records of said county.

Also excepting therefrom that portion of land described in final order of condemnation by the State of California, recorded September 10, 1976, in book 9009, page 656, official records of said county.

Also shown as Parcel B on Certificate of Compliance for a Lot Line Adjustment recorded 11/14/24 as Doc. No. 2024-0272517, official records of said County.

Together with that portion of the vacated road conveyed by the City of Fontana to HDO4, LLC, in the Quitclaim Deed recorded on April 2, 2025 as Instrument No. 2025-0071224 of Official Records in the Office of the County recorder of said County.

APN: 1107-262-07
The Northerly 380 feet of the Easterly 330 feet of the Northwest ¼ of the Northeast ¼ of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the official plat of said land.

Excepting therefrom that portion described in the deed to the State of California recorded March 17, 1975 in Book 8636, Page 3, Official Records, records of said County. 115
APN: 1107-262-04
The North half of the North half of the Southeast quarter of the Northwest quarter, and the North half of the North half of the Southwest quarter of the Northeast quarter of Section 24, Township 1 North, Range 6 West, San Bernardino Base and Meridian, according to United States Government Township plat thereof.

Excepting therefrom that portion of’ land conveyed to Southern Surplus Realty Co., a California Corporation by grant deed recorded August 7, 1973, in Book 8241, Page 46, Official Records, San Bernardino County, California.

Also excepting therefrom that portion of land conveyed to the State of California by grant deed recorded November 13, 1974, in Book 8556 Page 107, Official Records San Bernardino County, California.

Excepting therefrom an undivided 1/2 interest in oil, gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder, without the right by the grantor to enter upon the surface of, in, under or across the same, the subsurface to a depth of 500 feet measured in a vertical direction from the earth surface of said land for the exploration, developing, extracting or removing any oil, gas or other hydrocarbons or minerals found therein, as reserved in the deed from Cucamonga Winery, a Corporation, to Frank Sinatra, recorded May 16, 1956, in Book 3939, Page 504, Official Records.

APN: 1107-262-05
The Northeast 1/4 of the Northwest 1/4 of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the Official Plat of said land approved by the Surveyor General.

Except therefrom that portion conveyed to San Bernardino County Flood Control District by Final Order of Condemnation, Case No. 152410, Superior Court of the State of California, recorded July 10, 1972 in Book 7973, Page 492, Official Records.

Also except therefrom that portion lying northwesterly of the southeasterly line of the land conveyed to the State of California, acting by and through the Department of Transportation by Final Order of Condemnation, Case No. 162631, Superior Court of the State of California, recorded July 20, 1976 in Book 8846, Page 698, Official Records. 116
APN: 0226-075-46
Parcel “B”
That portion of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 and a portion of the Southeast 1/4 of the Southeast 1/4, both of Section 13, Township 1 North, Range 6 West, San Bernardino Meridian, according to Government Survey, in the City of Fontana, County of San Bernardino, State of California, further described as follows:

Said portion of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 13, is described as follows:

The Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 13, excepting therefrom, that portion conveyed to the State of California by deed recorded January 31, 1974 in Book 8359, Page 17, Official Records, described as follows:

Commencing at a 3/4 inch iron pipe marking the South 1/4 corner of said Section 13; thence North 89°21'55" East along the South line of said Section 13, 657.90 feet to the West line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 and the point of beginning; thence North 00°22'13" East along said West line, 660.00 feet to the North line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4; thence North 89°22'00" East along said North line, 594.97 feet to a point on a non-tangent curve, said curve being concave Southeasterly; with a radius of 2942.00 feet; thence Southwesterly along said curve from a tangent bearing of South 33°55’56" West, 596.43 feet through a central angle of 11°36'56”, to the beginning of a tangent compound curve to the left, with a radius of 50.00 feet; thence Southeasterly along said curve, 92.61 feet through a central angle of 106°07'27", thence South 83°48'27” East, 145.45 feet; thence North 89°21'56" East, 154.46 feet to the East line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4; thence South 00°26'36" West along said East line, 51.49 feet to said South line of Section 13; thence South 89°21'55" West along said South line, 658.09 feet to the true point of beginning.

Also except therefrom, that portion of the Easterly 299.26 feet of the Southerly 100.20 feet of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 as 117
measured from the Southerly line of said Section 13 also being the centerline of Duncan Canyon Road, as conveyed to the City of Fontana for street, highway and public utility purposes by grant deed, recorded June 4, 2010 as Instrument No. concurrent herewith, Official Records.

Also except therefrom, all oil, gas and other hydrocarbon substances below a depth of 500 feet below the surface of said land without the right of surface entry from said land for any purpose.

Said portion of the Southeast 1/4 of the Southeast 1/4 of Section 13 is described as follows:

Beginning at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 13, thence North 89°21'55° East along the South line of said Section 13, 420.75 feet; thence North 00°26'36" East parallel with the West line of said Southeast 1/4 of the Southeast 1/4, 206.25 feet, thence South 89°21'55" West parallel with the South line of said Section 13, 72.50 feet; thence North 00°26'36" East parallel with the West line of said Southeast 1/4 of the Southeast 1/4, 159.87 feet; thence South 89°21'55" West parallel with the South line of said Section 13, 348.25 feet to the West line of said Southeast 1/4 of the Southeast 1/4; thence South 00°26'36" West along said West line, 366.12 feet to the point of beginning.

Excepting therefrom, the Southerly 100.20 feet as measured from the Southerly line of said Section 13 also being the centerline of Duncan Canyon Road, as conveyed to the City of Fontana for street, highway and public utility purposes by grant deed, recorded June 4, 2010 as Instrument No. concurrent herewith, Official Records.

END
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Vicinity Map
119
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1108 Agenda Date: 7/14/2026
Agenda #: K. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve the purchase order to Oriental Trading Company to support materials/supplies for the Fontana Expanded Learning Program’s school sites.

RECOMMENDATION:

1. Authorize to procure Teaching Aids: Instructional and Classroom Supplies utilizing the Purchasing Policy and Procedure Manual Section 3.1.5 Non-Competitive Proposal - Purchased by Another Agency.

2. Authorize Purchasing Division to procure and use the Education Services Center, Region 2 Agency Contract 26-27 E000 to purchase the Instructional and Classroom Supplies.

3. Authorize the purchase order to Oriental Trading Company for FY 2026/2027 in the amount of $200,000 to support materials/supplies for the Fontana Expanded Learning Program’s school sites.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Create and maintain a dynamic team by supporting the decisions of the majority once made.

DISCUSSION:

Background Summary
The City of Fontana is currently in its eighteenth year of collaboration with the Fontana Unified School District as the Fontana Expanded Program (FELP) provider. The Fontana Expanded Learning Program is an After School Education and Safety (ASES) grant and Expanded Learning Opportunities Program funded program.

The Fontana Expanded Learning Program provides physical education, enrichment lessons, homework support and 21st Century Skill lessons to meet the program requirements as well as align with the districts’ efforts to prepare students to engage their world and make healthy choices.

Recommendation
To ensure the program can purchase and meet the need for materials and supplies at the thirty-three FELP sites, the Fontana Expanded Learning Program is recommending the opening of purchase orders to Oriental Trading Company. Oriental Trading Company will support the program needs for materials and supplies allowing the program to access high quality academic/educational City of Fontana Page 1 of 2 Printed on 7/6/2026
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File #: 26-1108 Agenda Date: 7/14/2026
Agenda #: K. Category: Consent Calendar
materials/supplies.

Oriental Trading Company offers a wide range of materials, such as educational materials, classroom organization and decoration materials for a variety of ages and grades. Due to the various programming needs Oriental Trading Company provides, staff is recommending the City to open a purchase order with Oriental Trading Company.

FISCAL IMPACT:

The program is budgeted in the adopted FY 2026/2027 Community Services Department operating budget as designed by the FUSD Operating Agreement. The cost of the curriculum is $200,000 and will be funded from Budget Unit #38624101 in the Fontana Expanded Learning Program Account # 8010.

The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $200,000 per year for services provided to the grant-funded after school program.

MOTION:

Approve Purchase Order with Oriental Trading Company to support the purchasing of materials/supplies for the Fontana Expanded Learning Program’s school sites.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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Supplier Award
26-27 6E000
Teaching Aids: Instructional/Classroom
Supplies
Award Date: 4/16/26
Oriental Trading Company
Contact Information
Contact: Sherri Fitzpatrick
Address:GoodBuy Purchasing Cooperative
ESC Region 2
2-09
209 N. Water St.

Corpus Christi, TX 78401-2528
Phone: 1 (361) 561-8481
Fax: (361) 561-8535
Email: [email protected]

Oriental Trading Company
OTC Brands,Inc
Contact: Crystal Witthuhn
Address:4206 S 108 St
Omaha, NE 68137
Phone: (800) 228-0038
Fax: (800) 869-2351
Toll Free:(800) 228-0038
Email: [email protected]
Award Lines
1 Please submit any discounts being offered to our members. You may add notes as needed.

Quantity: 1 UOM: EA Unit price: 5% Total: 5%
Item Note:

Enter the catalog title, or Universal Resource Locator (URL) if catalog is available online, for each catalog to be included in this bid along with the discount percentage from list price, if any. Catalog/Price list or URL MUST be included or proposal will not be considered.

Ad
d
No
te
s

City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1109 Agenda Date: 7/14/2026
Agenda #: L. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve the purchase order of Millu curriculum to support the Fontana Expanded Learning Program’s school sites.

RECOMMENDATION:

1. Approve the Non-Competitive Proposal purchase under the Purchasing Policies Procedures

3.1.5 for Single Source/Sole Source method.

2. Approve the purchase order in the amount of $144,172.31 with Millu curriculum to support character and social emotional development enrichment for the Fontana Expanded Learning Program’s school sites.

COUNCIL GOALS:
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging healthy eating, regular physical activity, and responsible individual choices.

DISCUSSION:

Background Summary
The City of Fontana is currently in its eighteenth year of collaboration with the Fontana Unified School District as the Fontana Expanded Program (FELP) provider. The Fontana Expanded Learning Program is an After School Education and Safety (ASES) grant and Expanded Learning Opportunities Program funded program. The Fontana Expanded Learning Program provides physical education, enrichment lessons, homework support and 21st Century Skill lessons to meet the program requirements as well as align with the districts’ efforts to prepare students to engage their world and make healthy choices.

Recommendation
To ensure the program provides quality programming at all FELP sites, the Fontana Expanded Learning Program is recommending the opening of purchase orders for Millu. Millu will support the program’s quality character development and social emotional learning programming by providing learning and engaging materials for participants.

Millu offers a curriculum and materials that is accessible for both participants and staff. Due to the large scale of curriculum and material needs Millu provides, staff is recommending the City to open a City of Fontana Page 1 of 2 Printed on 7/6/2026
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File #: 26-1109 Agenda Date: 7/14/2026
Agenda #: L. Category: Consent Calendar
purchase order with Millu.

This curriculum is unique and Millu is the only curriculum that meets the grant requirements.

Purchasing Policy 3.1.5 allows a sole source purchase when no competitive advantage would be gained from unique services that are only available from one source.

FISCAL IMPACT:

The program is budgeted in the adopted FY 2026/2027 Community Services Department operating budget as designed by the FUSD Operating Agreement. The cost of the curriculum is $144,172.31 and will be funded from Budget Unit #38624101 in the Fontana Expanded Learning Program Account # 8010.

The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $144,172.31 per year for these services provided to the grant-funded after school program.

MOTION:

Approve the purchase order of Millu curriculum to support the Fontana Expanded Learning Program’s school sites.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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MILLU | Page 14
QUOTE: UNIQUEVERSE PRODUCT PACKAGE
33 Sites | 132 Staff | 3,000 Students
Item Details Quantity Unit Price Total
Uniqueverse Student Kit 1 per student 3000 $40 $120,000 Facilitator’s Guides 1 per staff 132 $40 $5280
Affirmation Cards 10 students per deck 165 $35 $5,775
SUBTOTAL $131,055
Shipping $1,650.00
Sales Tax

8.75%
$11,467.31
TOTAL $144,172.31
*Quote includes shipping and tax based on City of
Fontana shipping address
126
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1110 Agenda Date: 7/14/2026
Agenda #: M. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a contract with Active Education to support physical education component for the Fontana Expanded Learning Program’s school sites.

RECOMMENDATION:

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

2. Approve a contract in the amount of $180,180.00 with Active Education to support physical education component for the Fontana Expanded Learning Program’s school sites.

3. Authorize the City Manager to enter into the agreement and any future amendments.

COUNCIL GOALS:
· Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging healthy eating, regular physical activity, and responsible individual choices.

DISCUSSION:

Background Summary
The City of Fontana is currently in its eighteenth year of collaboration with the Fontana Unified School District as the Fontana Expanded Program (FELP) provider. The Fontana Expanded Learning Program is an After School Education and Safety (ASES) grant and Expanded Learning Opportunities Program funded program. The Fontana Expanded Learning Program provides physical education, enrichment lessons, homework support and 21st Century Skill lessons to meet the program requirements as well as align with the districts’ efforts to prepare students to engage their world and make healthy choices.

Recommendation
To support the program’s physical education component at twenty-eight (28) elementary and five (5) middle school sites, the Fontana Expanded Learning Program is recommending to contract with Active Education. Active Education will support the program by providing high quality sports clinics to support the physical development and sportsmanship of FELP participants. Due to the program City of Fontana Page 1 of 2 Printed on 7/6/2026
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File #: 26-1110 Agenda Date: 7/14/2026
Agenda #: M. Category: Consent Calendar
support the physical development and sportsmanship of FELP participants. Due to the program needs, staff is recommending the City to open a purchase order with Active Education.

This curriculum is unique due to Active Education and is only available through the company that meets grant requirements. Purchasing Policy 3.1.5 allows a sole source purchase when no competitive advantage would be gained from unique services that are only available from one source.

FISCAL IMPACT:

The program is budgeted in the adopted FY 2026/2027 Community Services Department operating budget as designed by the FUSD Operating Agreement. The cost of the curriculum is $180,180 and will be funded from Budget Unit #38624101 in the Fontana Expanded Learning Program Account # 8130.

The City, per the Operating Agreement with the Fontana Unified School District, will be reimbursed in an amount not to exceed $180,180 per year for these services provided to the grant-funded after school program.

MOTION:

Approve a contract with Active Education to support physical education component for the Fontana Expanded Learning Program’s school sites.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
_________________
This Agreement is made and entered into as of ___________, 20__ by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and ____________________, a ___________________________________ with its principal place of business at _____________________________________ (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
____________________________________________________________________________ (hereinafter referred to as “the Project”).

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

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.
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If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

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

5. Term:

The term of this Agreement shall be from ______________ to ______________, 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 forth the date of commencement of work.

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

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

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

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

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement 131
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(8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the 133
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Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects 135
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(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

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

15. ______________

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

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

20. Limitation of Agreement.

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

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

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: _________________
CONSULTANT:
_______________________________
_______________________________
_______________________________
Attn: __________________________
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and shall be effective upon receipt thereof.

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

23. Equal Opportunity Employment.

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

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

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

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

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

28. Time of Essence
Time is of the essence for each and every provision of this Agreement. 138
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29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

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

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
VENDOR NAME.

By:
_____________
_____________
Attest:

By:

Germaine McClellan Key
City Clerk
By:
_____________
_____________
By:
______________
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
_____________________________
__________
______________________

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha L. Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager
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EXHIBIT A
Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES
The Contractor, Active Education, shall provide the City with a structured soccer program for the Fontana Expanded Learning Program school sites. The soccer program will focus on the sports fundamentals and fitness.

The program will emphasize the development of skill development as well as Positive Behavior Interventions and Supports’ (PBIS) best practices. The program will be conducted within nine (9) months, with in-person visits scheduled to begin on execution of contract and conclude by May 28, 2027. • The contractor will service:
o Provide Sports Clinics to 33 Fontana Expanded Learning Program sites. • Schedule
o 26 weeks
o Number of services provided 4 days per week
o Program days: Tuesday to Friday
o Between 12pm-5pm
• Programming
o Total number of sessions: 429
o Participants will receive structured soccer/sports clinics teaching the fundamentals of the sport and fitness.
o Activities will encompass fun and healthy activities with an emphasis on social and emotional learning and PBIS best practices.
• For all visits, the City of Fontana shall provide:
o Calendar schedule for activities/visits.
o Use of facility space.
o Contractor shall work directly with FELP staff regarding facility/equipment needs. • The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions. • The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days’ notice given in writing. • Contractor will be funded through the Expanded Learning Opportunities Program (ELO- P). • The Contractor shall be paid within thirty (30) days of services rendered as follows:

May 28, 2027
$180,180 (ELO- P Funded Schools)
$180,180 (Total)
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.

Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.

The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
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The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set-up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and setup the Contractor may be offered an alternative performance date at the same pay rate. 143

ACTIVE EDUCATION
After-School Program Proposal
City of Fontana 2026–2027
Soccer + Fitness & Multi-Sport Program
Submitted by: Lee Hartley | Operations Manager, Active Education | February 2026 Summary
Active Education is pleased to submit this proposal to renew our district-wide after-school programming partnership with the City of Fontana for the 2026–2027 academic year. We don’t just deliver programs - we build and operate the systems that keep them running consistently, safely, and at a high standard across every school site, every session day.

This proposal outlines a single, continuous program running 26 weeks across the full school year. The program has a deliberate developmental arc: soccer & multi-sports in the fall to establish foundations and engagement, broadening progressively into athletics and multi-sport enrichment through the spring.

Every session - regardless of semester or sport - is built around the Four Pillars of physical, technical, tactical, and psychosocial development, with structured engagement activities and SEL-aligned coaching throughout.

Across 33 FUSD school sites, the program is designed to provide:
● High-participation structured physical activity each session day ● Skill development through progressive station-based instruction ● Positive school-day support through SEL/PBIS-aligned coaching and proactive communication
The program will serve up to 120 students per site per session day across 33 FUSD schools, supported by 3+ trained instructors per site, a dedicated Program Manager, and Lead Instructors providing quality oversight year-round. Our 2025–2026 program is currently active and on track. Site feedback is strong, staff are showing up prepared, and our operations infrastructure ensures issues are caught and resolved before they affect schools. That same backbone is what we are committing to for 2026–2027.

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Our Partnership with City of Fontana
Active Education has been serving the FUSD students through structured after-school athletic programming since 2022, and the current 2025–2026 program reflects the standard we hold ourselves to: teams staffed on time, sites prepared, and school partners kept in the loop. Survey feedback will be compiled throughout the program and shared with the district. In the meantime, here is what we are hearing directly from the field so far:
“Everything has been going smooth for us at Almond. Our students are enjoying the coaches and activities, with no big issues so far. Coach Angeles has been very awesome, kind, and very supportive… All of our students have loved [the coaches]. We’re very grateful to have you guys here.”
- Arturo Iglesias-Castaneda, Site Coordinator • Almond School “Hi, everything went great, the kids loved it! Your staff was great as well!” - Elvia Salazar, Site Coordinator • Oleander School
This kind of feedback - from site staff who interact with our coaches every week - reflects our standard:
coaches who are coached themselves, programs that are reviewed regularly, and a management structure that keeps quality consistent whether it’s week one or week twelve.

Program Snapshot 26-27
Program Delivery 26 weeks of instruction total
Per School 13 total session days across Fall and Spring rotations Grades K-8
Schedule Window August 2026 – June 2027 (with open weeks weather & make-ups) Session Length 2 hours per session day
Staffing 3+ instructors per session day
Daily Capacity Up to 120 students per site, per day, delivered in two 1-hour sessions Total Schools 33 FUSD school sites
Session Days Tuesday – Friday
(Mondays reserved for holidays, weather reschedules & make-ups) Session Start Time As early as 3:00 PM, adjusted per school bell schedule ActiveEducation.com • 833-222-8483
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Daily Session Model
Each 2-hour session is structured around a station rotation model. Three instructors each manage a dedicated station while student groups rotate through - keeping energy high, ensuring individual attention, and developing skills across multiple contexts within a single session. This structure applies consistently across both fall and spring programming.

Session 1 — Hour 1 Session 2 — Hour 2
Student Groups 3 groups of up to 20 students 3 groups of up to 20 students Students per Session Up to 60 students Up to 60 students Staff-to-Student Ratio (1-8) 1 instructor per 20 students 1 instructor per 20 students Staff-to-Student Ratio (K) 1 instructor per 10 students 1 instructor per 10 students Daily Site Total Up to 120 students per site
Station Rotation Model
Each instructor owns one station for the session. Student groups rotate through all three stations within the hour, each station targeting a different developmental focus. The station content shifts across fall and spring to reflect the program’s progression - but the structure stays the same so students and school staff always know what to expect.

Station Focus Example Activities
Station 1 -
Skill Development
Technique and movement
pattern development
Soccer foot skills, basketball dribbling
passing, throwing and catching mechanics
Station 2 -
Team Game
Strategy, communication,
and teamwork
Small-sided matches, Olympic Handball,
Capture the Flag, cooperative challenges
Station 3 -
Cardio / Engagement
High-energy movement and
active participation
Tag games, relay races, fitness challenges,
running games
Every station is coached, not supervised. Instructors actively teach, reinforce positive behavior, and build the program culture throughout. Between sessions, instructors reset their stations and the next group of up to 60 students rotates in.

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Year Schedule & District Rotation Model
The 2026–2027 program runs as a single continuous program across the full school year. The fall and spring season represent two phases of one program, not two separate offerings. Schools rotate through the program in two cohorts across each season, with make-up weeks built into the calendar from day one.

Fall 2026 — Soccer-Led & Multi-Sports
Program Window August 2026 through December 2026 break
Session Days 6 session days per school
Daily Schedule 4-5 schools serviced per day (16-17 schools per week) Rotation 16 schools in Cohort 1, then 17 schools in Cohort 2 Program Window 12 weeks total
Flex Weeks 5 weeks reserved for inclement weather, site closures, & make-ups Emphasis
Soccer-led foundation in opening sessions, broadening to basketball, throwing & catching, and multi-sport games in later sessions
Spring 2027 — Athletics & Multi-Sport Enrichment
Program Window January 2027 through June 2027
Session Days 7 session days per school
Rotation 16 schools in Cohort 1, then 17 schools in Cohort 2 Program Window 14 weeks total
Flex Weeks 5 weeks reserved for inclement weather, site closures, & make-ups Emphasis
Athletics, fitness, and broader multi-sport variety building on the foundation established in the fall, including international sports Every school receives its full session count. Make-up weeks are built into the calendar from the start - there is no end-of-season scramble to recover missed days. The rotation model is designed so that scheduling is predictable for schools and manageable for our operations team.

See Draft Schedule - Fontana 2026/27 Schedule Draft
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Program Content & Curriculum
Active Education is a specialized provider of structured physical activity, sports, and social-emotional learning. We are not just a sports program - we are a comprehensive youth development program that uses diverse activities to build confidence, physical literacy, conflict resolution skills, and a lifelong love of movement.

Our curriculum is structured and coach-ready. Every instructor walks onto a site with a clear plan - activities are purposeful, progressions are deliberate, and the coaching culture is consistent whether it’s session one or session thirteen. All curriculum can be tailored to meet FUSD’s specific school or district priorities.

The Four Pillars — The Constant Across Every Session
Regardless of sport, season, or school site, every Active Education session is built around four developmental pillars. These are the standards we coach to and evaluate against. The sport is the vehicle. The pillars are the destination.

Physical
Fitness through fun
activities, high-repetition
movement, and
sustained cardiovascular
engagement throughout
every session.

Technical
Skill development
through engaging,
progressive games -
dribbling, passing,
throwing, catching,
agility, and coordination.

Tactical
Game understanding
through competitive play,
strategy challenges, and
decision-making
activities that develop
sports intelligence.

Psychosocial
Character and culture
through team building,
leadership roles,
conflict resolution, SEL
vocabulary, and
positive reinforcement.

Fall Curriculum — Soccer-Led Foundation
Soccer is the anchor of the fall program. It engages students quickly, builds a shared athletic language across the group, and develops the fundamental movement skills that transfer directly into every sport that follows. Building on the excitement around the 2026 World Cup being hosted in the USA, Mexico and Canada, soccer gives us an immediate hook and a platform for teaching skills that extend far beyond the field.

Opening sessions focus on establishing the foundation:
• Ball mastery: dribbling, passing, control, movement, and spatial awareness • Small-sided games and mini-matches that build individual confidence and team cohesion • Active Zone culture established: expectations owned by students from day one • SEL focus: sportsmanship, communication, fair play, and leadership through Captain roles As sessions progress, the program broadens to incorporate:
• Basketball & Kickball: passing, kicking, dribbling, shooting, and team play • Handball & Tag - throwing and catching: hand-eye coordination, accuracy, and cooperative game formats
• Multi-sport team games that build on physical and tactical skills already developed • Every session continues to hit all Four Pillars through structured station activities ActiveEducation.com • 833-222-8483
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Spring Curriculum — Athletics & Multi-Sport Enrichment
The spring program builds on the foundation established in the fall and broadens the experience significantly. Students who have developed movement fundamentals, team habits, and a positive program culture are now ready for greater variety and challenge. The spring lens shifts toward Olympic athletics, fitness, and a wide range of sport experiences - traditional and non-traditional - that level the playing field for students of all athletic abilities. Gearing up for the Olympics in LA 2028! • Track & field style athletics: sprints, long jump, relay races, and throwing challenges • Fitness and cardio-based games: high-energy activities that build endurance and physical confidence
• International and non-traditional sports: activities that create new opportunities to succeed • Cooperative and competitive team games: Olympic-style formats that celebrate effort and positive culture
• SEL focus: perseverance, respect, healthy competition, teamwork, and leadership • Every session continues to hit all Four Pillars through structured station activities The curriculum outlined here is a starting point, not a ceiling. We are happy to collaboratively with the City of Fontana to adjust content, emphasis, or activity selection at any point in the program year.

Age-Appropriate Session Design
Sessions are adapted by grade level to ensure students are appropriately challenged and engaged.

The Four Pillars and station structure apply at every level - what changes is the complexity of the activities, the coaching expectations, and the level of student autonomy.

Grade Band Focus & Approach
Grades K–3
Skill-building through fun, structured games. Short coaching cues, teamwork routines, emotional regulation, and clear boundaries to keep play organized and active.

Grades 4–5
More complex gameplay with strategy and small-group competition.

Higher-skill progressions (throw/catch, foot skills), leadership opportunities, and team concepts.

Grades 6–8
Deeper understanding of offense/defense concepts, advanced skill progressions, leadership roles, strategy and decision-making, with more game-realistic competitive play.

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Staffing, Quality & Compliance
Our operations model is built around one standard: every site, every session, every week should look and feel the same. That consistency doesn’t happen by accident, it comes from the systems we have in place before a coach ever steps onto a field.

Staffing & Coverage
• All staff complete required FUSD background checks before working with any students • All staff complete mandated reporter training in compliance with California law • All staff complete Active Education’s internal onboarding and coach preparation requirements • All staff have completed Active Education Live-Scan, Mandated Reporter Training, Concussion Training and provided a negative TB test
• A dedicated Program Manager oversees scheduling, coverage, and day-to-day execution across all 33 sites, reporting directly to Lee Hartley
Coaching Methodology: Active Praise
All Active Education coaches are trained in Active Praise - our CORE coaching methodology. Active Praise is a structured framework that turns games into powerful learning experiences, maximizes student engagement, and embeds SEL and PBIS-aligned behavior management directly into the flow of play. It is proactive and positive, not reactive and punitive. • Coaches run dynamic, movement-rich games that keep students actively involved and on-task • Positive behavior is targeted and reinforced in real time - during the game, not after it • Games are delivered using a clear, step-by-step system that gives coaches confidence and students structure
• PBIS and SEL language are woven seamlessly into coaching cues, transitions, and activity design
• Coaches use the “Power of Voice” - an Excited & Enthusiastic voice for energy and motivation, and a Calm & Slow voice for instruction and de-escalation • Games stay fresh through varied skills, challenges, and conditions that sustain participation and prevent disengagement
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Safe & Supportive Environment
Every Active Education session, at every school, every week, begins with our “Active Zone” Routine.

Students recite our four expectations aloud together before play begins. This creates a consistent psychological safety net across all 33 sites and establishes shared ownership of the environment from the first minute.

Active Zone
Expectation
What It Means in Practice
Be Safe
No pushing, shoving, hitting, or kicking. Coaches enforce this immediately and consistently.

Be Respectful
Listen and follow directions. Students practice this through Captain roles and group huddles.

Be Responsible
Use equipment properly and play games the right way. Students are held to this standard with positive redirection.

Have Fun
Enjoy playing - smile, be positive, be kind, and help others have fun. This is the culture we build every day.

When behavior concerns arise, coaches follow a clear, tiered response: redirection → brief separation → restorative conversation → site communication. Conflicts are supported with coached problem-solving language and simple tools that give students a fair, structured way to resolve disagreements without blame. Example - rock, paper, scissors + winner makes open minded decision on what happens next.

Program Quality & Standards
• Lead Instructors work directly with their staff cohort to ensure quality stays consistent across all sites • Coaches are evaluated against a clear standard of what good programming looks like and supported when that standard isn’t met
• Curriculum is delivered with a plan - coaches arrive prepared, not improvising - see 25/26 curriculum - https://www.activeeducation.com/fontana
• Regular Program Manager and Lead Instructor meetings identify any areas or staff that need support • Program Managers monitor session delivery and escalate concerns before they become problems ActiveEducation.com • 833-222-8483
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Safety, Incident Reporting & Risk Management
• All staff are trained in Active Education’s incident reporting procedures and understand their mandated reporter obligations
• Program Managers and Lead Instructors maintain constant dialogue and open communication with site coordinators - supporting their staff and students, sharing any incident information, and encouraging student participation
• Any safety incident or concern is documented, reported, and communicated to school leadership promptly
• We operate on a proactive communication standard: any safety incident, behavioral concern, or program disruption is communicated to the site point of contact the same day. • Risk is managed at the program level - protocols are in place, followed, and reinforced continuously throughout the year
Program Investment
The following outlines the complete cost structure for the 2026–2027 program across all 33 FUSD school sites. All staffing, equipment, program management, and quality oversight are included.

Cost Item Rate Total
Per 2-hour session day (3+ staff) $420 per day —
Per school (13 session days) $5,460 per school —
Full program - 33 schools 33 schools × 13 days = 429 session days $180,180 Everything Is Included
• All coaching equipment: soccer balls, mini goals, foam balls, cones, domes, bibs, and all multi-sport activity supplies
• Full staffing coverage, including overage of staff to cover any coach absence • Dedicated Program Manager overseeing all 33 sites: scheduling, delivery, and district communication
• X4 Lead Instructor quality reviews and coaching support across all sites throughout the year • All compliance requirements: Insurance, FUSD background checks, mandated reporter training, and Active Education onboarding for every staff member
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Program Impact & Measurement
We believe measurement should be simple enough to actually use and honest enough to be worth using. Our approach is not about generating reports for the sake of it. It is about maintaining a clear, ongoing conversation with FUSD sites so that both sides know how the program is performing, and both sides can act on what they learn.

What We Track
• Student participation and engagement: are students showing up, staying active, and invested in the program?
• Session delivery quality: are coaches arriving prepared, running structured activities, and maintaining the Active Zone culture consistently?
• Behavior and incident trends: are issues being caught early, handled correctly, and communicated to schools without delay?
• Site satisfaction: are school coordinators and site staff feeling supported, informed, and confident in the program?
• Staff performance: our instructors are evaluated each month, and held to the high standards How We Report Incidents
Measurement at Active Education is built into the rhythm of how we operate, not bolted on at the end of the year. FUSD gets regular visibility into program performance through a simple, consistent communication structure:

Frequency What FUSD Receives if any incidents
After session
Any incident, concern, or highlight communicated to the site coordinator same day - no surprises
Within 24 hours
Incident report filed with site coordinator, district liaison and City of Fontana providing details of the incident
Follow-up 24-48 hours
Connect with district liaison to follow up on the incident plus any recommended adjustments that need to be followed moving forward Upon request
Staff evaluation results, KPI reviews, and site-specific data at any point in the year
End of each season
Survey & summary of program performance, site feedback, and any recommended adjustments for the following season
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A Two-Way Conversation
We bring data to FUSD. FUSD brings feedback to us. That exchange is how the program stays honest and keeps improving. If something is not working at a specific school - whether it’s a staffing issue, an activity that’s not resonating, or a site coordination challenge - we want to be informed early and address it fast.

Our Program Manager is the point of contact for exactly this kind of feedback, and is empowered to make adjustments without waiting for the end of a season.

End-of-season site staff surveys provide a broader snapshot of program health. Results are shared with the City of Fontana and used directly to inform the following season’s plan. Live survey data from the current 2025–2026 program year is available upon request.

Check out survey data from 2024/25: CLICK HERE
Next Steps
Active Education is ready to move forward and committed to making this a smooth, well-coordinated process for FUSD. To finalize the 2026–2027 program, we are prepared to:
• Align on the district-wide rotation schedule and confirm individual school times • Finalize and distribute the full program calendar to all participating sites • Coordinate staffing assignments and complete all compliance requirements ahead of the program start
• Address any questions from district leadership, site coordinators, or school principals • Modify any program elements to better reflect FUSD’s goals and priorities for the coming year We are proud of what we have built together with the City of Fontana, and we are committed to continuing to earn that partnership every session day. Active Education will show up prepared, communicate clearly, and deliver a program that FUSD students and school partners can count on.

Lee Hartley
Operations Manager | Active Education
[email protected] | 909-363-5945
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1111 Agenda Date: 7/14/2026
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Task Order for Engineering Design Services for the O’Day Short Elementary Safe Routes to School Project
RECOMMENDATION:

1. Approve and authorize the City Manager to enter into a Task Order in a not-to-exceed amount of $106,798.20 with Onward Engineering for Engineering Design Services for the O’Day Short Elementary Safe Routes to School Project, Request for Proposals DE-24-195-SQ-15.

2. Approve and authorize the City Manager to enter into any future amendments to the Task Order in a not-to-exceed amount of $100,000.00.

3. Authorize the City Manager to enter into any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the O’Day Short Elementary Safe Routes to School Project.

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

DISCUSSION:

The O’Day Short Elementary Safe Routes to School Project will consist of constructing sidewalk, access return ramps, curb and gutter, asphalt concrete pavement, driveway approaches, and restoring all areas and improvements to pre-construction conditions.

On November 5, 2025, the San Bernardino County Transportation Authority (SBCTA) Board of Directors approved funding in the amount of $250,000.00 from the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program for the O’Day Short Elementary Safe Routes to School Project. On February 10, 2026, the City Council approved the adoption of Resolution No. 2026-002, authorizing the submittal and request for reimbursement(s) for the TDA Article 3 funds for the O’Day Short Elementary Safe Routes to School Project in the amount of $250,000.00, and that the Public Works Director/City Engineer is authorized to certify project completion.

Engineering staff solicited a Request for Proposals (RFP) for Engineering Design Services by City of Fontana Page 1 of 2 Printed on 7/6/2026
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File #: 26-1111 Agenda Date: 7/14/2026
Agenda #: N. Category: Consent Calendar
notifying the City’s three (3) pre-qualified firms through the Purchasing Office. Three (3) prospective bidders downloaded the RFP documents. On May 21, 2026, proposals were received from three (3) firms interested in providing design services for the project. The proposals received for the project ranged from $96,754.00 to $136,325.00. Proposals were evaluated and ranked in accordance with City policies and procedures.

Engineering staff recommends that the City Council approve a Task Order Agreement in the amount of $106,798.20 with Onward Engineering for design services for the O’Day Short Elementary Safe Routes to School Project. Although Onward Engineering was not the firm with the lowest cost proposal, they were selected for their thorough scope and understanding of the project in all the main areas that were listed in the RFP released by the City. Additionally, Onward Engineering identified conflicts that the City may run into and provided solutions that will contribute to the success of the project. Lastly, Onward Engineering proposed an adequate and timely schedule for the completion of the design phase for the project.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item for the O’Day Short Elementary Safe Routes to School Project is $64,666.31 in Project No. 37600050-241-B-8113 and $42,131.89 in Project No. 37600050-303-B-8113 and is included in the FY 2026-2027 budget.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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CITRUS AVE

RANDALL PEPPER ELEMENTARY STRS PROJECT
0 800 1600
SCALE 1:800

PROJECT LOCATION
N

RANDALL/PEPPER/FONTANA (O'DAY

SHORT) ELEMENTARY SRTS PROJECT
157
Ranking
O’Day Short Elementary Safe Routes to School Project
(DE-24-195-SQ-15)
Firms Rank
Onward Engineering 1
Anaheim, CA
H&R Green 2
Corona, CA
Engineering Resources of Southern California 3
Redlands, CA
158
Onward Engineering
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
(714) 533.3050 | www.oe-eng.com
City of Fontana May 21st, 2026
Attn: Sid Lambert
16860 Valencia Ave,
Fontana, CA 92335
Subject: Design Services for Fontana/Randall/Pepper (O’Day Short) SRTS Project and Ted J. Porter Elementary SRTS Project
Onward Engineering (OE) is pleased to submit this proposal to provide professional civil engineering design services for the City of Fontana on two projects (1) ’s Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project (2) and Ted J. Porter Elementary Safe Routes to School Project.. We understand that the City’s objective is to close sidewalk gaps near school walking routes, improve pedestrian connectivity, and create ADA-compliant pathways that separate students and pedestrians from vehicular travel lanes.

Our team understands that successful delivery of this project requires more than filling sidewalk gaps. The design must balance ADA compliance, residential driveway conformance, drainage, AC pavement restoration, visible utility appurtenance adjustments, constructability, and protection of residential access. OE will use a focused PS&E approach tailored to the City’s 2027 construction bidding goal, the required 60% submittal within 90 calendar days of Notice to Proceed, and the City’s clarified scope items from Addendum 1 / Question Set 1.

If selected, we will deliver a biddable, constructible sidewalk-gap closure project that improves school-route safety while minimizing impacts to adjacent residents, utilities, drainage, and the City’s schedule.

The City is advancing two Safe Routes to School projects funded through SBCTA’s TDA Article 3 Grant Program. The project areas are residential neighborhoods with sidewalk gaps in close proximity to schools. The improvements are intended to provide dedicated pedestrian facilities where students and residents currently experience discontinuous walkway conditions.

Project Project Limits Primary Design Focus
O’Day Short SRTS
- A) Lemon Street (south of Randall)
- B) Filbert Street (from Cypress Avenue
to Juniper Avenue)
A) New sidewalk, residential driveway conforms, AC pavement restoration, visible utility adjustments.

B) Sidewalk-gap closure, street improvement plans, drainage/ grade conforms, minor signing/striping as required.

Ted J. Porter Elementary SRTS South side of Upland Avenue, Frankfort Avenue to Locust Avenue
Continuous ADA route, access return ramps/curb returns, driveway conforms, positive drainage and AC restoration.

Items Integrated into Our Approach
• Rendering of what OE envisions, ADA compliant curb ramp and proposed sidewalk creating separate pathways for pedestrians and improving connectivity for school children. project Understanding
Cover Letter
Onward Engineering | Design Smarter. Build Better.
| 1 Request for Proposals, for the City of Fontana, for the Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project and Ted J. Porter Elementary Safe Routes to School Project 159
assumptions
• Geotechnical investigation and pavement recommendations are not provided by the City; pavement design will follow City standards.
• Subsurface potholing is not anticipated; utility research will rely on records, field-visible appurtenances, and utility coordination.
• We assume 2 rounds of comments at the 60%, 1 round at the 90%, and 1 round at the 100%. Additional rounds of comments will be a separate design change request.
• Pavement restoration will use City standard pavement sections in lieu of project-specific geotechnical recommendations.

SITE-SPECIFIC ISSUES AND SOLUTIONS
Issue Why It Matters OE Response
Driveway conformance Residential access must be maintained while providing an ADA-compliant pedestrian route.

Use Civil 3D surface modeling, spot elevations, and
early City review of constrained driveways.

Drainage and grading New curb/gutter/sidewalk can change surface runoff patterns and create low points.

Review longitudinal/cross slopes, identify ponding
r i s k , a n d d e s i g n l o c a li ze d c o nf o r m s to m a i n t a i n positive drainage.

Utility appurtenances Meters, valves, poles, signs, mailboxes, and vaults can obstruct sidewalk or ramp grades.

Inventor y visible conflicts and show protect-inplace, adjust-to-grade, or relocation coordination notes on plans.

Right-of-way/private
improvements
Fences, walls, irrigation, and landscaping may be near
the proposed sidewalk footprint.

Plot availa ble ROW data a n d n otif y Cit y ea rly if a frontage condition requires City direction.

Biddability Ambiguous AC limits, driveway limits, or utility notes can create change orders.

Prepare clear bid items, construction notes, details,
cross sections, and quantity backup at each submittal.

DETAILED WORK PLAN AND DELIVERABLES
Task Description Deliverables

1. Project Management/
QA-QC
Kickoff meeting, progress coordination, schedule
tracking, invoices, monthly reports, comment resolution meetings, and project-specific QA/QC.

Meeting agendas/minutes, schedule updates, progress
reports, QA/QC review documentation.

2. Records Research
Review City records, public records portal information, utility records, ROW data, standard plans, and City
boilerplate specifications.

Com pile d re cord data , base pla n referen ce files , utility/contact matrix.

3. Survey / Control
Perform topographic survey and survey control per
RFP, including 120-foot-wide topo, 1-foot contours,
and 25-foot cross sections.

To p o b a s e m a p , s u r v e y c o n t r o l p l a n , C A D fi l e s , survey data.

4. Utility Research
Identify existing visible utilities and request available utility information; potholing excluded unless later
authorized.

Utility record plan information, conflict notes, utility correspondence log.

5. Site Evaluation
Field review after basemap development to confirm
driveway, ADA, drainage, pavement, utility, and residential frontage constraints.

Site photos, field notes, design issue log.

6. 60% PS&E Prepare 60% street improvement plans and preliminary estimate within 90 calendar days of NTP. 60% plans, cross sections, preliminary estimate.

7. 90% PS&E Address 60% comments and advance design; prepare draft specifications and updated estimate. 90% plans, specifications, estimate, comment matrix.

8. Final PS&E Address 90% comments and prepare final bid-ready PS&E package.

Signed/sealed plans, final specifications, final estimate, CAD/PDF/Word/Excel files.

9. Bid/Construction Support Provide limited support when requested, including RFIs, submittal review, clarifications, and design changes.

Responses to RFIs/submittals, addenda suppor t,
design clarifications.

10. Record Drawings Prepare record drawings based on contractor-provided as-built redlines after construction. Record drawing PDFs and CAD files.

Project Understanding
| 2 Request for Proposals, for the City of Fontana, for the Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project and Ted J. Porter Elementary Safe Routes to School Project 160

TEAM, RELEVANT EXPERIENCE, AND SCHEDULE
Proposed Team
Role Proposed Staff / Responsibility
Project Engineer RYAN DENNIS - P. ENG.

Project Engineer DAYTON LOWE
Project Engineer DAVID LORIA
Project Engineer YASH GUPTA
Project Engineer RYAN DENNIS - P. ENG.

Project Engineer WIKKI VIKAS
Project Engineer PAVAN POHEKAR
Project Engineer ABI SINGH
Most Relevant Project Experience
Fontana Randall Avenue Street Improvement Project
OE provided design engineering services to the City of Fontana on the Randall Avenue Street Improvement Project, located at Randall Avenue, from Citrus Avenue to Catawba Avenue. The purpose of the project was to rehabilitate approximately 1,300 linear feet (0.25 miles) of pavement on Randall Avenue and close curb, gutter, and sidewalk gap on the north side of the street. The project also included redesign of 6 curb ramps on the south side of the street to meet ADA requirements. The street varied in width but primarily consisted of one eastbound lane, two westbound lanes, and parking lanes on both sides of the street. Surrounding land use consisted primarily of residential zones and Citrus Elementary School on the south side of the street. jurupa Valley Mira Loma Agate & Granite Hill Area Safe Routes to School (CIP 23108/23109/23110) OE provided professional design engineering services to the City of Jurupa Valley for 3 Safe Routes to Schools (SRTS) projects, which included the Mira Loma Area SRTS Sidewalk Gap Closure Project at 15,680 ft long; the Granite Hill Area SRTS Sidewalk Gap Closure Project at 10,370 ft; and the Agate Street Complete Streets Project at 2,350 ft long, totaling approximately 28,400 linear feet (or 5.4 miles) of safety and sidewalk improvements.

Design components included pavement repairs; curb, gutter and sidewalk; signing and striping; ADA curb ramp and driveway construction; pedestrian safety improvements; and storm drain improvements which required curb opening catch basin inlet elevtion adjustments and relocation and alignment with the new gutters, culvert abandonment and surface runoff rediverting, followed by developing a Water Quality Management Plan for the City. Additionally, utility appurtenances, adjustments and relocations were extensive, involving trees, street signs, manholes, fire hydrants, fences, mailboxes, pipeline risers, vaults, utility cabinets and poles, gas and water

QA/QC MANAGER PROJECT MANAGER

PROJECT ENGINEERS & SUB-CONSULTANT

KLEIN MARINESCU
BS: Civil Engineering,
-California State University, Fullerton
EIT Certificate, Passed FE Exam 2024
TECH: AutoCAD Civil 3D, Excel, Word,
Outlook, and Bluebeam

NICHOLAS WOO - PE
BS: Civil Engineering, Cal Poly Pomona
PE: Professional Engineer #9834
TECH: Civil 3D, Bluebeam, MS Project
FOCUS: Roadway Design & ADA Compliance

LEAD CIVIL ENGINEER

CL SURVEYING & MAPPING
LAM LE, PLS, President - Certified #38284
•(909) 484-4200 - [email protected]
•400 E. Rincon Street, Ste. 202,
Corona, CA 92879

SUB-CONSULTANT
DELFINO “CHINO” CONSUNJI - PE
BS: Civil Engineering
pe: Professional Engineer, #57908
Former City Engineer/Director of Public
Works: Downey, West Covina, Brea, Norwalk
Project Understanding
| 3 Request for Proposals, for the City of Fontana, for the Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project and Ted J. Porter Elementary Safe Routes to School Project 161
meters, curbs, driveways, and safety bollards, with third party utility owners such as SCE requiring long lead times for relocations. Impacted utility owners were engaged early in the design process for coordination when the responsibility to relocate fell on the utility owner. OE also performed a Topographic Survey. •Reference: Paul Toor, PE, Director of Public Works/City Engineer - (951) 332-6464 - [email protected] - 8930 Limonite Avenue, Jurupa Valley, CA 92509 •Date of the project: 2024 •Status of the project: Completed Corona Sidewalk Gap Closure at East Chase Drive and Smith Avenue OE provided engineering design services for the City of Corona on the Sidewalk Gap Closure Project located at East Chase Drive and Smith Avenue. The purpose of the project was to construct approximately 1,400 linear feet (0.27 miles) of ADA accessible sidewalk along the following streets: (1) Chase Drive between Gilbert Avenue and Thacker Drive; (2) Thacker Drive from Mid-block to Chase Drive; and (3) Smith Avenue between SR-91 freeway and Pleasant View Avenue. The project was funded by the Agreement for Funding Under SB 821 Bicycle and Pedestrian Facilities Program, Agreement No. 22-62-058-00, entered into between the City and the Riverside County Transportation Commission (RCTC) and was subject to all Federal and State requirements.

OE’s design work included closing sidewalk gaps and designing ADA compliant curb ramps and driveways to improve accessibility, safety, and mobility for pedestrians. •Reference: Gerardo Sanabria, Associate Engineer - (951) 736-2266 - [email protected] 400 S. Vicentia Avenue, Corona, CA. 92882 •Date of the project: 2023-2024 •Status of the project: Completed El Monte Durfee Avenue & Ramona Boulevard Sidewalk Improvements Project OE provided the City of El Monte with design engineering services for the Durfee Avenue & Ramona Boulevard Sidewalk Improvements Project (CIP No. 002). The project limits included two areas. The first was south side of Ramona Boulevard, between the eastern city limit - west side of San Gabriel River Trail – and Durfee Avenue (1,115 linear feet). The second location was on both sides of Durfee Avenue, between Ramona Boulevard and the address of 4000 Durfee Avenue (2,525 linear feet). The project had five main objectives. (1) reconstruct s i d e w a l k s , d r i v e w a y s , a n d c u r b r a m p s w i t h i n p r o j e c t l i m i t s a s n e c e s s a r y t o c o m p l y w i t h c u r r e n t A D A requirements. (2) identify surface utilities preventing ADA compliance and provide design alternatives that include constructing around the interfering utilities or relocating them. (3) evaluate existing infrastructure (sidewalks, driveways, and curb ramps) for adherence to current ADA requirements. (4) construct new ADA compliant sidewalk where absent. (5) ensure all improvements are constructed within the existing right-of-way. •Reference: Jimmy Chung, PE, Associate Civil Engineer - (626) 580-2058 - [email protected] 11333 Valley Boulevard, El Monte, CA 91731-3293 •Date of the project: 2019 •Status of the project: Completed Chino Hills Los Serranos Widening and Sidewalk Improvement Project OE provided full Design Engineering services for the Los Serranos Infrastructure - ATP Project. The proposed project limits included the widening of ten rural residential streets in the Los Serranos area of Chino Hills.

The project limits are located just west of the 71-freeway towards the east end of the City of Chino Hills. The project locations are surrounded by single family residential homes. The project is funded through the Active Transportation Program Project. Currently the Los Serranos area is very rural. The project limits include very minimal curb, gutter, and sidewalk. The ATP grant proposed provided funding for curb, gutter, and sidewalk on one side of each of the ten streets. The design included widening one side of the street on ten street segments within the City of Chino Hills.
•Reference: Tad Garrety - (909) 364-2722 - [email protected] - 4000 City Center Drive, Chino Hills, CA 91709 •Date of the project: 2016-2017 •Status of the project: Completed Thank you,
Muhammad Ataya, MPA
Vice President, Onward Engineering
Project Understanding
| 4 Request for Proposals, for the City of Fontana, for the Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project and Ted J. Porter Elementary Safe Routes to School Project 162

ID TASKS DAYS BEGIN END
Phase 1 31 8/3/26 9/14/26
1 Kick-Off Meeting 1 8/3/26 8/3/26
2 Data Research and Review 8 8/4/26 8/13/26
3 Topographic Survey 8 8/6/26 8/17/26
4 Utility Research and Coordination (First Notice) 8 8/4/26 8/13/26 5 Geotechnical Investigation (Optional) 30 8/4/26 9/14/26 6 Base Maps 5 8/18/26 8/24/26
7 Site Evaluation 1 8/25/26 8/25/26
Phase 2 66 8/25/26 11/24/26
8 30% Plans and Estimate 15 8/25/26 9/14/26
9 Submit 30% Plans and Estimate to City 1 9/15/26 9/15/26 10 City Review of 30% Plans and Estimate 10 9/16/26 9/29/26 11 60% Plans and Estimate 30 9/30/26 11/10/26
12 Utility Research and Coordination (Second Notice) 2 11/11/26 11/12/26 13 Submit 60% Plans and Estimate to City 1 11/11/26 11/11/26 14 City Review of 60% Plans and Estimate 10 11/11/26 11/24/26 Phase 3 25 9/16/26 10/20/26
15 90% PS&E 20 11/25/26 12/22/26
16 Utility Research and Coordination (Final Notice) 2 12/23/26 12/24/26 17 Submit 90% PS&E to City 1 12/23/26 12/23/26
18 City Review of 90% PS&E 10 12/23/26 1/5/27
19 100% PS&E 15 1/6/27 1/26/27
20 Submit 100% PS&E to City 1 1/27/27 1/27/27
Phase 4 TBD TBD
21 Bid and Construction Support TBD TBD
2026 2027
August September October November december JANUARY February March april may june july August 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 10 20 30 Schedule
300 S. Harbor Blvd.

Suite 814
Anaheim, CA. 92805
Onward Engineering | Design Smarter. Build Better.
| 5 Request for Proposals, for the City of Fontana, for the Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project and Ted J. Porter Elementary Safe Routes to School Project schedule
163

SUB-CONSULTANT

PROJECT

ENGINEER
$140.00
hourly
PARTY
CHIEF
$180.00
hourly
CL Survey

LUMP SUM
SUBCONSULTANT

SUB-TOTAL
COST

ONWARD ENGINEERING

PROJECT

MANAGER
$180.00
hourly
OE
TOTAL
HOURS
OE

SUB-TOTAL

COST GRAND
QA/QC
Manager
$200.00
hourly
PHASE 1 PHASE 1
1 Meetings 2 8 2 12 $2,120.00 $2,120.00
2 Research & Review 2 2 4 $640.00 $640.00
3 Utility Notification 4 14 18 $2,680.00 $2,680.00
SUB-TOTAL 2 14 18 34 $5,440.00 $5,440.00
PHASE 2 PHASE 2
4 Drone Mapping 14 14 $2,520.00 $2,520.00
5 Topographic Survey 4 4 $720.00 $34,518.20 $34,518.20 $35,238.20 6 Base Sheet Preparation 4 16 20 $2,960.00 $2,960.00
7 Site Evaluation 1 4 5 $740.00 $740.00
SUB-TOTAL 9 20 14 43 $6,940.00 $34,518.20 $34,518.20 $41,458.20 PHASE 3 PHASE 3
8 60% Plans & Estimate 4 28 150 182 $26,840.00 $26,840.00 9 90% PS&E 2 40 76 118 $18,240.00 $18,240.00
10 100% PS&E 1 20 41 62 $9,540.00 $9,540.00
SUB-TOTAL 7 88 267 362 $54,620.00 $54,620.00
PHASE 4 PHASE 4
11 Bid Support 6 4 10 $1,640.00 $1,640.00
12 Construction Support 14 8 22 $3,640.00 $3,640.00
SUB-TOTAL 20 12 32 $5,280.00 $5,280.00
TOTAL HOURS AND COSTS 9 131 317 14 471 $72,280.00 $34,518.20 $34,518.20 $106,798.20 Fee Proposal
Onward Engineering | Design Smarter. Build Better.
| 6 Request for Proposals, for the City of Fontana, for the Fontana/Randall/Pepper (O’Day Short) Safe Routes to School Project and Ted J. Porter Elementary Safe Routes to School Project fee proposal O’Day Short SRTS Project Fee Proposal
164
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1113 Agenda Date: 7/14/2026
Agenda #: O. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Declaring Surplus Land - Property located at Arrow Blvd & Tokay Ave (APN 0232-171-17) RECOMMENDATION:

1. Approve Resolution No. 2026-069, declaring that the City-owned property on Arrow Blvd & Tokay Ave (Assessor’s Parcel Number 0232-171-17) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.

COUNCIL GOALS:
· To practice sound fiscal management by living within our means while investing in the future. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and cyclists.

DISCUSSION:

The City of Fontana acquired the subject parcel located at the intersection of Arrow Boulevard and Tokay Avenue (Assessor’s Parcel Number 0232-171-17) as part of the council’s plan to address homelessness in the city, with the intention of developing a homeless wellness center. The parcel is approximately 3.5 acres and is designated as I-L (Light Industrial) under the City’s General Plan and includes an overlay that allows for temporary and permanent housing for the previously homeless.

Due to an updated plan for addressing homelessness regionally with the County of San Bernardino and several nearby cities, the property is no longer necessary for City purposes. As such, the City intends to initiate the Surplus Land Act process in compliance with Government Code Section 54220 et seq. Should no interest be received from affordable housing developers, or if good-faith negotiations do not result in a mutually acceptable agreement, the City may pursue disposition of the property through lease or sale to a user with a use compatible with the surrounding industrial corridor.

By approving the attached Resolution, the City Council will formally declare the property as “surplus City of Fontana Page 1 of 2 Printed on 7/6/2026
powered by Legistar™165
File #: 26-1113 Agenda Date: 7/14/2026
Agenda #: O. Category: Consent Calendar
land” pursuant to Government Code Section 54221.

Prior to disposition, the City is required to comply with the Surplus Land Act, which mandates a public and stakeholder engagement process. This includes issuing a Notice of Availability (“NOA”) to designated entities, primarily via electronic notification, and providing a 60-day period for interested parties such as affordable housing developers and public agencies to submit a notice of interest.

In accordance with the Surplus Land Act, the City must engage in good-faith negotiations for a minimum of 90 days with any qualified entity that submits a valid notice of interest. The Act is intended to prioritize the development of affordable housing and address statewide housing needs.

Additionally, the City must comply with reporting requirements to the California Department of Housing and Community Development, which may impose penalties for noncompliance.

This action initiates the surplus land disposition process and enables staff to evaluate potential interest from qualified entities. Upon completion of the required process, the City may proceed with marketing the property to the general public.

Approval of the Resolution will allow the City to commence the Surplus Land Act process by issuing the NOA to all entities entitled to receive notice under state law. Future disposition of the property is anticipated to support continued economic activity consistent with the Light Industrial designation along the Arrow Boulevard corridor.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/6/2026
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1 of 3
RESOLUTION NO. 2026-069

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

CALIFORNIA, DECLARING THAT THE CITY OWNED PARCEL
KNOWN AS ASSESSOR’S PARCEL NUMBER 0232-171-17-0000, AS
“SURPLUS LAND” PURSUANT TO THE SURPLUS LAND ACT,
GOVERNMENT CODE SECTION 54220 SEQ.; APPROVING FORM OF
NOTICE OF AVAILABILITY; AND AUTHORIZING THE CITY MANAGER

AND HIS DESIGNEE(S) TO TAKE ALL ACTIONS NECESSARY TO

COMPLY WITH THE SURPLUS LAND ACT
WHEREAS, the City of Fontana (“City”) owns a parcel of land (Assessor’s Parcel Number 0232-171-17-0000) (“Parcel”) that is no longer necessary for the City’s use and should be declared as surplus property suitable for disposition; and WHEREAS, under the California Surplus Land Act (“SLA”), Government Code Section 54220-54233, surplus property is defined as land owned by any local agency that is no longer necessary for the agency’s use; and
WHEREAS, effective January 1, 2020, the SLA was amended to require all local agencies to formally declare agency-owned properties as “surplus land” prior to taking action to dispose of such properties and to issue a “Notice of Availability” (NOA) to certain entities statutorily entitled to notice; and
WHEREAS, the declaration of surplus land must be made by the local agency’s legislative body at a regular open meeting supported by written findings; and WHEREAS, the City Council has made findings that the Parcel is no longer necessary for the City’s use; and
WHEREAS, the City intends to follow the provisions of the SLA in the disposition of the Parcel and prioritize affordable housing in the disposition of such land to the extent required by law; and
WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the Parcel and is not an action that results in a binding commitment by the City to move forward with the disposition of the property.

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

Section 1. The City Council finds and declares that the City-owned Parcel (Assessor’s Parcel Number 0232-171-17-0000) is surplus and no longer necessary for the City’s use, in accordance with the California Surplus Land Act (Government Section 167
Resolution No. 2026-069
2 of 3
54220 et seq.) The City Council bases this declaration on the following findings:
 The City currently owns the property LOCATED ON Arrow Boulevard and Tokay Avenue
 The property is vacant
 The parcel is located on Arrow Boulevard, an area that is currently the subject of substantial new and re-development
 Under-utilization, maintenance and other potential liability issues make it cost prohibitive to retain ownership of the Parcel
 City ownership, management and maintenance of the Parcel will prevent it from being developed into it highest and best use
Section 2. The City Council finds and determines, after independent review and consideration, that the action of declaration of surplus land does not result in a binding commitment by the City to authorize or advance the disposition of the Parcel; will not result in a direct or indirect physical change in the environment; and does not constitute an approval of a project pursuant to CEQA Guidelines Sections 15004 and 15352.

Section 3. The City Council approves the form of Notice of Availability attached hereto as Exhibit A and authorizes the City Manager or his designee(s) to take all actions necessary to comply with the SLA, including but not limited to issuing the Notice of Availability for the Parcel to all entities statutorily entitled to receive such notice.

Section 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

APPROVED AND ADOPTED this 14th day of July, 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 resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 14th day of July 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
168
Resolution No. 2026-069
3 of 3

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
169
June 18, 2026
To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property As required by the Surplus Land Act (Government Code Section 54220 et seq.) (the “Act”) of the State of California, the CITY OF FONTANA (the “City”) is providing notification that the City intends to sell the surplus property listed in the accompanying table.

APN ADDRESS SIZE
(approx.)

ZONING GENERAL PLAN

DESIGNATION

CURRENT USE
0232-171-17 Arrow Boulevard
and Tokay Avenue

3.5 acres Light
Industrial
(M-1)
I-L Light
Industrial
Vacant Land
The property is currently vacant and is no longer necessary for its original intended purpose. Due to under-utilization, maintenance, and operational cost and the city’s desire to see the property developed, the city has deemed the land is surplus and is making it available for immediate sale.

The city envisions development of the property into a use consistent with the city’s goals for affordable housing.

Located on the Southwest corner of Arrow Boulevard and Tokay Avenue. The property is currently zoned as Light Industrial (I-L) and includes an overlay that allows for permanent housing for individuals that were previously homeless.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring any or all of the above properties. However, this offer shall not obligate the City to sell the property to you. Instead, if your notice of interest is compliant with the Act, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no notices of interest are received during the 60-day period or no agreement is reached on sales price and terms, or lease terms, with a submitter of a qualifying notice of interest, the City may market the property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. 170
In the event your agency or company is interested in purchasing or leasing the properties, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail.

Notice of your interest in acquiring any of these properties should be delivered to:

City of Fontana
Matt Ballantyne
City Manager
8353 Sierra Avenue
Fontana, CA 92335
Please direct any/all questions regarding this Notice and/or Letters of Interest to Phillip Burum - at [email protected] or by calling 909-350-6727.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). 171
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1115 Agenda Date: 7/14/2026
Agenda #: P. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for April 2026.

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

DISCUSSION:

The April 2026 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/6/2026
powered by Legistar™172

POLICE DEPARTMENT

MONTHLY REPORT
April 2026
173

NOTEWORTHY EVENTS
• Lieutenant Raul Fileto graduated the Los Angeles Police Department Leadership Program. • Fontana Police participated in an Easter event at Jesse Turner center. • COPE participated in several “Career Day” events at local schools. • Fontana Police participated in the Arrowhead Regional Medical Center Tactical Medicine Exposition.
• Lt. Zagorin hosted an area 4 Area Commander meeting at Cypress Center. • The Fontana Chamber of Commerce hosted the Fontana Police Department for the annual Police and Fire Awards.
• ICAC arrested several individuals for sexual exploitation of minors.

KA1
174
Slide 2
KA1 Kevin Anderson, 2/9/2021
175
176

CITYWIDE
• Priority 1 response time- 5:14(Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 8,966
• Total arrests- 582
• Hispanic- 365, White- 78 , Black- 97, All other races-42 • Total Group A Offenses- 630
• Crimes Against Persons- 133
• Crimes Against Property- 309
• Crimes Against Society- 188
177
CITYWIDE • Crimes Against Person- 133
• Homicide- 1
• Sex Offenses- 10
• Assault- 121
• Kidnapping- 1
• Other- 0
• Crimes Against Property- 309
• Robbery- 6
• Burglary- 28
• Larceny- 136
• Destruction of Property- 34
• Fraud- 39
• Possession of Stolen Property- 27
• Motor Vehicle Theft- 31
• Other Miscellaneous Property Crimes- 8
• Crimes Against Society- 188
• Drug and Paraphernalia Possession- 159
• Possession of Child Pornography- 7
• Possession of Weapons- 21
• Other Miscellaneous Crimes- 1
178

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
179
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 87
• Crimes Against Persons- 19
• Crimes Against Property- 62
• Crimes Against Society- 6
180
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 129
• Crimes Against Persons- 29
• Crimes Against Property- 81
• Crimes Against Society- 19
181
BEAT 3

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 306
• Crimes Against Persons- 70
• Crimes Against Property- 85
• Crimes Against Society- 151
182
Beat 4

AREA COMMANDER IS LIEUTENANT KEITH ZAGORIN
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 108
• Crimes Against Persons- 15
• Crimes Against Property- 81
• Crimes Against Society- 12
183

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 184
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1116 Agenda Date: 7/14/2026
Agenda #: Q. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for May 2026.

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

DISCUSSION:

The May 2026 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 7/6/2026
powered by Legistar™185

POLICE DEPARTMENT

MONTHLY REPORT
May 2026
186

NOTEWORTHY EVENTS
• Fontana Police Traffic Unit conducted several operations of increased enforcement of EMotorcycles. • Special Operations identified and arrested two individuals involved in multiple mail thefts throughout Fontana.
• Fontana Police Department participated in the San Bernardino County Sheriff’s Peace Officer Memorial.
• Several Fontana Police Traffic Officers were recognized at the annual MADD Awards ceremony for their efforts in combating DUI and impaired drivers. • Fontana Police hosted the annual Explorer Bowling Tournament. • Fontana Police participated in a FLIP graduation ceremony. • ICAC arrested several individuals for sexual exploitation of minors.

KA1
187
Slide 2
KA1 Kevin Anderson, 2/9/2021
188
189

CITYWIDE
• Priority 1 response time- 4:55(Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,467
• Total arrests- 640
• Hispanic- 443, White- 91 , Black- 74, All other races-32 • Total Group A Offenses- 717
• Crimes Against Persons- 169
• Crimes Against Property- 373
• Crimes Against Society- 175
190
CITYWIDE • Crimes Against Person- 169
• Homicide- 0
• Sex Offenses- 7
• Assault- 154
• Kidnapping- 3
• Other- 5
• Crimes Against Property- 373
• Robbery- 12
• Burglary- 16
• Larceny- 178
• Destruction of Property- 49
• Fraud- 27
• Possession of Stolen Property- 35
• Motor Vehicle Theft- 44
• Other Miscellaneous Property Crimes- 12
• Crimes Against Society- 175
• Drug and Paraphernalia Possession- 158
• Possession of Child Pornography- 1
• Possession of Weapons- 15
• Other Miscellaneous Crimes- 1
191

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
192
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 67
• Crimes Against Persons- 16
• Crimes Against Property- 46
• Crimes Against Society- 5
193
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 183
• Crimes Against Persons- 44
• Crimes Against Property- 102
• Crimes Against Society- 37
194
BEAT 3

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 354
• Crimes Against Persons- 85
• Crimes Against Property- 148
• Crimes Against Society- 121
195
Beat 4

AREA COMMANDER IS LIEUTENANT KEITH ZAGORIN
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 113
• Crimes Against Persons- 24
• Crimes Against Property- 77
• Crimes Against Society- 12
196

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 197
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1121 Agenda Date: 7/14/2026
Agenda #: R. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 6 to the Professional Services Agreement for Architectural Design Services for the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP) RECOMMENDATION:

Approve and authorize the City Manager to enter into Amendment No. 6 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $324,890.00, for a total contract amount of $3,119,200.00.

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

DISCUSSION:

The City Hall Renovation Project - Phase II (City Hall) is a proposed project to be constructed in place of the existing City Hall Building located at 8353 Sierra Avenue, Fontana, CA 92335 (Reference Exhibit “A” - Vicinity Map), and shall consist of demolishing the existing one-story building and constructing a two-story municipal building, occupying a building footprint of approximately 35,000 square feet. The first tier will consist of parking spaces, a City Council Chamber of approximately 3,500 square feet, public access services and office spaces with some of the first floor containing volume ceiling, and the second floor solely comprised as office spaces. The intent of the building is to serve as office space for City staff, provide public and employee parking on the Civic Campus, and serve as the primary public interface for residents and businesses within the City.

A Request for Proposal (RFP) was issued for Design Services for City Hall Renovation Project - Phase II in March 2024. The City received sixteen (16) proposals, and the evaluation committee recommended Sillman Wright Architects of Temecula, CA as the overall best value on the criteria outlined in the RFP.

On July 25, 2024, the City and Sillman Wright Architects executed a Professional Services Agreement in the amount of $99,000.00. The original agreement only covered preliminary design work with a mutual understanding that additional amendments were to be executed for full scope of work. On September 10, 2024, the City Council approved Amendment No. 1 in the amount of $1,090,490.00 and authorized the City Manager to enter into future design amendments with a not-to City of Fontana Page 1 of 2 Printed on 7/7/2026
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File #: 26-1121 Agenda Date: 7/14/2026
Agenda #: R. Category: Consent Calendar
-exceed amount of $100,000.00. Amendment No. 1 included Schematic Plan, Design Development, and 50% Working Drawings and Specifications. On April 22, 2025, the City Council approved Amendment No. 2 in the amount of $766,670.00. Amendment No. 2 included Final Working Drawings & Specifications, Construction Contract Documents, and Bid Phase. On June 24, 2025, the City Council approved Amendment No. 3 in the amount of $189,250.00. Amendment No. 3 included Audio -Visual Design for the new Council Chambers, a Parcel Map Consolidation, and an Enclosed Pedestrian Bridge Design. On August 25, 2025, the City Manager approved Amendment No. 4 in the amount of $81,200.00. Amendment No. 4 included a North Parking Lot Design, a Photovoltaic Design, and Additional Floor Plan Design changes. On December 9, 2025, the City Council approved Amendment No. 5 in the amount of $567,700.00. Amendment No. 5 included modification of the Council Chamber design, a street improvement lighting plan, and costs for the Architects support in the Construction Phase and Warranty Period in addition to the creation of as-builts.

The proposed Amendment No. 6 includes the creation of a rough grading plan set, design updates to our site plan and landscaped areas, updates to the Parcel Map scope, renderings, additional administrative efforts during bidding, in addition to interior & MEP changes within the City Hall building, Council Chambers, and DSO building.

The total contract fee, including the original Professional Services Agreement and all subsequent amendments to date, is $3,119,200.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $324,890.00 for the full term of the Professional Services Agreement and is included in the Fiscal Year 2026-2027 budget in project 37600012-601-A-8113, Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/7/2026
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PROJECT LOCATION

CITY HALL RENOVATION PROJECT

PHASE II (CITY HALL)
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