FROM:
Engineering
SUBJECT:
Title
Approve Right of Entry to Construct and Maintenance Agreement with the Property Owner at 7893 Sierra Avenue, Fontana CA 92335
End
RECOMMENDATION:
Recommendation
Approve and authorize the City Manager to execute the Right of Entry to Construct and Maintenance Agreement with the property owner at 7893 Sierra Avenue, Fontana CA 92335.
End
COUNCIL GOALS:
• 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 utilizing Measure-I Funds wisely.
DISCUSSION:
On June 18, 2024, the City of Fontana Public Works & Engineering Department completed the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue. Following project completion and during the first rainy season, the City received reports of localized flooding at the properties located at 7891 Sierra Avenue and 7901 Sierra Avenue. The property owners indicated that the flooding was primarily caused by the street widening improvements and requested offsite drainage enhancements.
While it has not been conclusively determined that the flooding was directly caused by the street improvements, staff identified an opportunity to implement both onsite and offsite improvements to help reduce potential flooding impacts during future heavy storm events. The proposed improvements include construction of an onsite drainage channel with a steel grate and a high curb along the property line within the 7891 Sierra Avenue property. The project also includes construction of curb behind the sidewalk at the frontage of the 7901 Sierra Avenue property, as well as reconstruction of the under-sidewalk drain.
The proposed drainage channel located within the 7891 Sierra Avenue property will require ongoing maintenance by the property owner upon completion. The City will continue to maintain all drainage facilities located within the public right-of-way. The agreement defines the maintenance responsibilities for each party.
In addition to establishing maintenance responsibilities, the agreement also grants the City and its contractor the right of entry onto the property to construct the proposed improvements. Construction is anticipated to begin in late January 2026.
FISCAL IMPACT:
There is no additional fiscal impact associated with the approval of this item. Maintenance responsibility of the drainage facilities within the private property belongs to the owner of the property. Appropriate funding for the maintenance work of the facilities within the public right-of-way is included in the FY 2025-26 Budget under the Public Works & Engineering Department, Utilities and Streets Division.
MOTION:
Approve staff recommendation.