Agenda packet — Fontana City Council, February 8, 2022 (part 1 of 3)

Tuesday, February 8, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1885 Reso. No 2022-007
WORKSHOP 4:30 P.M.

CLOSED SESSION 6:00 P.M.

REGULAR MEETING 7:00 P.M.

Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Tonia Lewis - City Clerk
Janet Koehler-Brooks - City Treasurer
1 City Council Meeting Regular Agenda February 8, 2022
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 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 a modification or accommodation in order 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 in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

WORKSHOP:

A. 4:30 P.M. City Council Workshop
(A) American Rescue Plan Act (Chief Financial Officer,
Jessica Brown to present);
(B) Public Communications;
(C) Agenda Review; and
(D) City Manager Comments
21-1173
PUBLIC COMMUNICATION - CLOSED SESSION:

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

A. Public Communications - Closed Session
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)
(1)
Case: Robert King v. City of Fontana, et al. Superior Court 21-1170

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2 City Council Meeting Regular Agenda February 8, 2022
of the State of California- for the County of Sam Bernardino Case No. CIVDS2016703

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 0237-411-13
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Newbridge Homes
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 019116305, APN 019116324, APN 019116316,
APN 019116317 & APN 019116326
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Bank of America
Under Negotiation: Price and terms of payment

CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION (Paragraph ( 1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al .

San Bernardino Superior Court Case No. CIVSB 2121605;
and People of the State of California v. City of Fontana, et al.

San Bernardino Superior Court Case No. CIVSB2121829

PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b)(1))
Title: City Manager
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

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3 City Council Meeting Regular Agenda February 8, 2022
A. Fontana Police Department Chaplain Deylyne McCampbell /Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Mayor Warren and City Council to recognize the POST 531 Fontana Explorers on their achievements at the 2022 Tactical Competition (Lieutenant Zagorin to present).
21-1171
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.

A. Approval of Minutes 21-1160
Approve the minutes of the January 25, 2022, Regular and Special City Council meetings; and the January 26, 2022, Special City Council meeting.

Minutes - January 25, 2022
Minutes - January 25, 2022 (Special Meeting)
Minutes - January 26, 2022
Attachments:

B. Adoption of Ordinance No. 1878 21-1162
Second Reading/Adopt Ordinance No. 1878, an Ordinance of the City Council of the City of Fontana, adding Article III to Chapter 7 of Fontana Municipal Code Regarding Electronic and Paper Methods of Filing Fair Political Practices Commission Campaign Disclosure Statements
Ordinance No. 1878Attachments:

C. Adoption of Ordinance No.1879 21-1158
Second Reading/Adopt Ordinance No. 1879, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to

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4 City Council Meeting Regular Agenda February 8, 2022
establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city, Ordinance No. 1879Attachments:

D. Adoption of Ordinances No.1880 and 1881 21-1159

1. Second Reading /Adopt Ordinance No. 1880, an Ordinance of the City Council of the City of Fontana, approving Zone Change No. 21-001 for text and figure changes that include changing Planning Area 1 to Planning Area 3 within the Auto Overlay of the Zoning and Development Code on approximately 6.20 adjusted gross acres (APN: 0240-011-03, -05, -06, -35, -38, -41, -42, and - 44), and amending Section 6403(a) to allow for a grocery store use.

2. Second Reading /Adopt Ordinance No. 1881, an Ordinance of the City Council of the City of Fontana approving Development Agreement No. 21-003, between the City of Fontana and Sage Citrus Fontana, LLC which provides a public benefit fee in the amount of $376,180.00 dollars.

Ordinance No. 1880
Ordinance No. 1881
Attachments:

E. Adoption of Ordinance No.1883 21-1166
Second Reading/Adopt Ordinance No. 1883, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-01 amending sections 13-27 and 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’s environmental health code.

Ordinance No. 1883Attachments:

F. Adoption of Ordinance No.1884 21-1161
Second Reading/Adopt Ordinance No. 1884, amending Section 2-39 of the Fontana Municipal Code, regarding the salary for Members of the City Council and Mayor.

Ordinance No. 1884Attachments:

G. Adopt a Resolution Approving a Notification of Intent to Comply with the SB 1383 Regulations, Pursuant to SB 619 21-1133
Adopt Resolution No. 2022- ___ of the City Council of the City of Fontana, adopting a Notification of Intent to Comply with the SB 1383 Regulations.

Resolution -Notification of Intent to Comply with SB 1383 Regulations
Notification of Intenet to Comply signed.1.31.22
Attachments:

H. Approve the Purchase and Installation of Software and Hardware for the Sanitary Sewer SCADA System
21-1136

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5 City Council Meeting Regular Agenda February 8, 2022

1. Authorize the Public Works Department to standardize the Sanitary Sewer SCADA System components within the sanitary sewer sump stations.

2. Authorize the Purchasing Office to procure from Xylem the components, software, hardware, cloud-base subscriptions, renewals, upgrades, and any additional parts necessary to maintain the sewer pump stations as required to meet the demands of the community.

Xylem Sole Source SCADA2Attachments:

I. Approve an Agreement for the Acquisition of Real Property for the Sierra Avenue Widening Project
21-1145

1. Approve and authorize the City Manager to execute an Agreement for Real Property Acquisition between the City of Fontana and Javier Negrete Hernandez for Assessor Parcel Number 0190-154-17, located on the west side of Sierra Avenue south of Reed Street related to the Sierra Avenue Widening Project.

2. Approve and authorize the City Manager to execute any other documents necessary or appropriate to complete the proposed transaction.

Vicinity Map
Agreement for Acquisition of Property and Joint Escrow
Instructions
Attachments:

J. Approval of a Contract Agreement with the County of San Bernardino to Accept Funds in the Amount of $ 645,000 for Improvements to Southridge Park and the Village of Heritage Pool Facility
21-1178

1. It is recommended that the Mayor and City Council ratify and approve the agreements and accept funding from the County of San Bernardino in the amount of $645,000 for Southridge Park and the Heritage Village Pool facility.

2. Authorize the City Manager to execute the agreements on behalf of the city.

CON-CAO-020822-City of Fontana Heritage Park Pool and
Fencing
CON-CAO-020822-City of Fontana Southridge Park
Improvements
Attachments:

K. Authorization to Engage Employee Groups Regarding Vaccine Incentive
21-1168
Authorize City staff to engage with the various employee groups to create and implement a Vaccine Incentive Program.

L. Resolution of the Governing Body of the City of Fontana 21-1157

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6 City Council Meeting Regular Agenda February 8, 2022
Authorizing Participation in the State Rental Assistance Program-2
Adopt Resolution No. 2022-____ a Resolution of the City Council of the City of Fontana authorizing participation in the State Rental Assistance Program-2. 2021-102 ERA2 Resolution 10.12.21
City Council Agenda Legislation 10.12.21
ERA2 - Resolution Option A 1.26.22.

Attachments:

Approve Consent Calendar Item as recommended by staff.

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 5:00 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. Adoption of an Ordinance Amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and Amending Chapter 30, Article V, Division 4 to add Section 30-434.1 to Regulate Urban Lot Splits and Two-Unit Projects Under SB 9; and Finding the Action to Be Exempt Under CEQA
21-1127

1. Determine that the project is exempt pursuant to Section 15061 (b) ( 3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. ______, an Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code, and that the reading of the title constitutes the

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7 City Council Meeting Regular Agenda February 8, 2022
first reading thereof.

Attachment No. 1 - City Council Ordinance
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
Attachment No. 4 - Planning Commission Action and Staff Report
Attachment No. 5 - Planning Commission Minutes of
01-18-2022
Attachments:

B. Certificate of Appropriateness (MIS No. 21-020) to
Construct a New Attached 488 Square Foot Residential
Junior Accessory Dwelling Unit on a Site that has been
Locally Designated as a Historical Resource as Listed in Chapter 5, Article XIII, Section 5-365 of the Fontana
Municipal Code Located at 8350 Mango Avenue
21-1137
Adopt Resolution No. 2022-_____, a Resolution of the City Council of the City of Fontana, California, approving Certificate of Appropriateness (MIS No. 21-020) and determine that the project is Categorically Exempt pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill Development Project) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for implementing CEQA.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Site Plan
Attachment No. 3 - Floor Plan
Attachment No. 4 - Elevations
Attachment No. 5 - Ordinance 1146
Attachment No. 6 - City Council Resolution
Attachment No. 7 - Notice Of Exemption
Attachment No. 8 - Public Hearing Notice
Attachments:

C. First Combined General Plan Amendments and Projects for the 1st Cycle of 2022; Part No. 1 - MCN21-063, Develop 100 Attached Condominium Units (Aragon West); and Part No . 2 - MCN21-050, 6th Cycle Housing Element Update
21-1150

1.a Adopt Resolution No. 2022-____ (Part No. 1 of General Plan Amendment cycle No. 1 of 2022,) a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-003 (Part No. 1 of General Plan Amendment cycle No. 1 of 2022) amending the General Plan Land Use designation on approximately 6.5 adjusted gross acres (APN: 0240-121-22) from

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8 City Council Meeting Regular Agenda February 8, 2022
Community-Commercial ( C-C) to Residential Planned Community ( R-PC) and remove the parcel from the Auto Center Overlay District, approving Tentative Tract Map No. 20441 (TTM NO. 21-002) to establish 100 condominium units and approving Design Review No. 21-024 for the development of 100 condominium homes with amenities, landscaping and parking; and

1.b Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Walnut Village Specific Plan to establish the Aragon West District within the Walnut Village Specific Plan, and that the reading of the title constitutes the first reading thereof; and

1.c Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Zoning Map removing the parcel at APN :
0240-121-22 from the Auto Center Overlay District, and that the reading of the title constitutes the first reading thereof.

2.a Adopt Resolution 2022-___, (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) a Resolution of the City Council of the City of Fontana adopting the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016021099), pursuant to Section No. 15162 and 15164 of the California Environmental Quality Act (CEQA) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, and approving General Plan Amendment No. 21-002 (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021-2029 6th cycle Housing Element; and,

2.b Adopt Resolution 2022-___, (Part No. 2 of General Plan Amendment cycle No. 1 of 2022,) a Resolution of the City Council of the City of Fontana adopting the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016021099), pursuant to Section No. 15162 and 15164 of the California Environmental Quality Act (CEQA) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-007 (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) amending the General Plan land use map to change the general plan land use designation on multiple properties through the City to Multi-Family Medium /High Residential ( R-MFMH), Multi-Family High Residential ( R-MFH), and designate the boundary for the “ R-4 Overlay” to accommodate the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development ( HCD) and the Southern California Association of Governments (SCAG); and,

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9 City Council Meeting Regular Agenda February 8, 2022

2.c Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving changes to the Zoning District Map to change the zoning on multiple properties through the City to Multi-Family Medium /High Residential (R-4), Multi-Family High Residential (R-5) and designate the boundary for the “R-4 Overlay” to accommodate the 2021-2029 RHNA allocation and that the reading of the title constitutes the first reading thereof; and

2.d Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving Zone Code Amendment No. 21-004 to amend Chapter 30 (Development Code) of the Municipal Code to establish an “ R-4 Overlay” to allow for additional housing at the R- 4 densities, and that the reading of the title constitutes the first reading thereof.

Attachment No. 1 (Part 1) CC Resolution
Attachment No. 2 (Part 1) - SPA Ordinance
Attachment No. 3 (Part 1) CC Ordinance
Attachment No. 4 (Part 1) PC Staff Report of 12-7-2021
Attachment No. 5 (Part 1) PC Minutes from December 7
2021
Attachment No. 6 (Part 1) CC Public Notice
Attachment No. 7 (Part 2) GPA Project Resolution HE
Attachment No. 8 (Part 2) GPA Resolution Land Use
Change
Attachment No. 9 (Part 2) CC Upzoning Ordinance
Attachment No. 10 (Part 2) CC Dev Code Change
Ordinance
Attachment No. 11 (Part 2) Housing Element_PC Agenda
Report and Minutes
Attachment No. 12 (Part 2) PC Minutes of 01-18-2022
Attachment No. 13 (Part 2) CC Public Hearing Notice
Attachments:

NEW BUSINESS:

A. Approve an Ordinance Amending Chapter 24 of the Fontana Municipal Code - Solid Waste
21-996
Read by title only and waive further reading of and introduce Ordinance No. ___ , an Ordinance of the City Council of the City of Fontana, California approving an Amendment to Chapter 24 of the Fontana Municipal Code Regarding Solid Waste Regulation.

SB 1383 OrdinanceAttachments:

CITY MANAGER COMMUNICATIONS:

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10 City Council Meeting Regular Agenda February 8, 2022 A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Discussion and Possible Action Regarding Appointing
Regular and Alternate Members to the Following Local
Agencies/ Regional Boards:

1. Inland Empire Utility Agency(IEUA);

2. San Bernardino County Transportation Authority (SBCTA) and San BernardinoCouncil of Governments (SBCOG);

3. Omnitrans;

4. San Bernardino County Solid Waste Advisory Task (SWAT); and

5. Southern California Association of Governments (SCAG) 21-1164
B. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
To the next Regular City Council Meeting on Tuesday, February 22, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1173 Agenda Date: 2/8/2022
Agenda #: Category: Workshop
City Council Workshop
Tuesday, February 8, 2022
4:30 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 2/3/2022Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1170 Agenda Date: 2/8/2022
Agenda #: Category: Closed Session
Closed Session
Tuesday, February 8, 2022
6:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran., Council Member
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13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1171 Agenda Date: 2/8/2022
Agenda #: Category: Special Presentation
Special Presentations
Tuesday, February 8, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 2/2/2022Page 1 of 1
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14 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1160 Agenda Date: 2/8/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes.

RECOMMENDATION:

Approve the minutes of the January 25, 2022, Regular and Special City Council meetings; and the January 26, 2022, Special City Council meeting.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community.

DISCUSSION:

The City Council will consider approval of the minutes of the January 25, 2022, Regular and Special City Council meetings; and the January 26, 2022, Special City Council meetings. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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15 Tuesday, January 25, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Tonia Lewis - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes

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16 WORKSHOP:

A. 5:00 P.M. City Council Workshop

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17 City Council Meeting Minutes January 25, 2022
The City Council Workshop was held on Tuesday, January 25, 2022, in the Grover W.

Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 5:02 p.m. with all members of the City Council present.

The City Council Regular meeting agenda was received and there were no City Manager comments.

City Attorney Ruben Duran asked the Mayor and City Council to take an action to add the following item to the upcoming Closed Session meeting scheduled for January 25, 2022, at 6:00 p.m.

Lejins v. City of Long Beach
Essentially, the City Council will be asked if they are willing to sign a letter of support that will go to the California Supreme Court on behalf of the City of Long Beach and League of California Cities. This subsequent item requires a 4/5 vote to take immediate action and add this to the Closed Session meeting. This item does require immediate action of the Council, due to the appeal potentially being heard by the Supreme Court by end of week or early next.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Sandoval, to add the following item to the Closed Session agenda for January 25, 2022, at 6:00 p.m:

CONFERENCE WITH LEGAL COUNSEL: Pending Litigation
Government Code Section 54956.9(d)(1)
Name of Case: Lejins v. City of Long Beach
Case Number: S272594, California Supreme Court
Consideration whether to join multiple cities requesting Supreme Court review.

There were no public communications received for the Workshop.

Police Chief Billy Green provided the Mayor and City Council with a thorough 2021 Annual Report, with no City Council comments received.

Deputy City Manager Phil Burum provided the Mayor and City Council with a brief update on the proposed Fire Annex Construction and asked for input from the City Council.

Council Member Cothran requested that City staff further review the proposed designs and ensure that the history of Fontana remain displayed within the new layout of the Civic Center, i.e., steel beams and fruit trees. Council Member Sandoval also agreed with Council Member Cothran that the design should resemble the history of Fontana and proposed that staff connect with community partners for their inputs on design. Mayor Warren asked that City staff ensure to include the expansion of staff in the designs to allot for internal growth.

Fontana Honor Roll Organizing Committee Founder, Bill Freeman, presented a through presentation on behalf of the Fontana Honor Roll Organizing Committee regarding desires

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18 City Council Meeting Minutes January 25, 2022
of implementing a Veteran's Memorial within the Community for those service men and women, residents of Fontana, who served our Country. After the presentation, Mayor Warren informed Mr. Freeman that the concept of such memorial has been reviewed by the City Council, however, due to current plans of expansion and changes coming down the pipeline on City funded projects, the Council would like the Committee to hold off on location determination until further noticed by City staff.

The workshop adjourned at 5:52 p.m.

CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session

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19 City Council Meeting Minutes January 25, 2022
There were no public communications received on the following Closed Session items:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Officers Association; and Management/Confidential Employees
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Anthony Ricci vs. City of Fontana Workers’ Compensation Claim Numbers: 201000006; 180900036
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Government Code section 54956.9(d)(4))
Initiation of litigation: One Potential Case

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: APN 01911-16-218
Agency Negotiator: Phillip Burum, Deputy City Manager
Negotiating parties: Carlos Sandoval
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: APN 01911-16-242
Agency Negotiator: Phillip Burum, Deputy City Manager
Negotiating parties: Yolanda Geivett
Under Negotiation: Price and terms of payment

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121605; and People of the State of California v. City of Fontana, et al.

San Bernardino Superior
Court Case No. CIVSB2121829

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN’s 1108-072-01 thru -16 and 1108-074-01 thru -16
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Diversified Pacific Communities
Under Negotiation: Price and terms of payment

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20 City Council Meeting Minutes January 25, 2022
The following item was motioned and approved by the City Council during the 5:00 p.m. workshop to add this subsequent item on behalf of the request of the City Attorney's Office:

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

The Regular meeting of the Fontana City Council was held concurrently with the Fontana Public Facilities Financing Authority meeting. The meetings took place in the Grover W.

Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California on Tuesday, January 25, 2022. Mayor Warren called the meeting to order at 7:10 p.m.

ROLL CALL:

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

Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Greg Peck/Pledge of Allegiance:

Following the invocation led by Fontana Police Department Chaplain Greg Peck, the pledge of allegiance was led by Council Member Roberts.

Redistricting - Public Hearing #3
Mayor Warren opened the public hearing.

Deputy City Clerk Ashton R. Arocho, MMC, announced that the City Clerk's Office received a total of 42 letters in support of Map 401 and 1 additional written correspondence.

Todd Tatum, Representing National Demographics Corporation, provided the staff report and reviewed the five ( 5) draft maps that are being presented for consideration .

Three (3) of the draft maps (NDC 101, NDC 102, and NDC 103) were created by National Demographics Corporation and the City received a total of two ( 2) draft maps (Public Map 401 and Public Map 601) drawn by the public, which were also reviewed.

The following individuals spoke in support of Public Map 401:

1. Armando Martinez Jr.

2. Ben

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21 City Council Meeting Minutes January 25, 2022

3. Joaquin Castillejos

4. Ana Gonzalez

5. Elizabeth Sena

6. Samantha Herrera

7. Bertha Ramirez
There were no City Council comments.

Mayor Warren closed the public hearing.

PROCLAMATION:
21-1041
A. Mayor Warren and City Council to proclaim January as National Mentoring Month (Manager of Site Based Programs Megan Ramos,to accept).

Manager of Site Based Programs, Megan Ramos, accepted the proclamation on behalf of the Big Brothers, Big Sisters - Inland Empire.

SPECIAL PRESENTATIONS:
21-1121

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22 City Council Meeting Minutes January 25, 2022
A. Mayor Warren and City Council to recognize National Epilepsy Awareness Month (Mayor to present).

Executive Director of Legacy Bridges Foundation, Inc., Melanee Stovall, accepted the certificate.

B. Mayor Warren and City Council to recognize retiring Public Works Director Keith Kramer (Deputy City Manager Phillip Burum to present).

Deputy City Manager Phillip Burum recognized retired Public Works Director Keith Kramer for his exceptional years of service to the Fontana team and community.

C. Mayor Warren and City Council to recognize retiring Community Services Director Garth Nelson (Interim Deputy City Manager Ray Ebert to present).

Interim Deputy City Manager Ray Ebert recognized retiring Community Services Director Garth Nelson for his exceptional years of service to the Fontana team and community.

D. Mayor Warren and City Council to recognize Officer Adrian Garcia as the Police Department’s 2021 Employee of the Year (Captain Burton to present).

On behalf of the entire Fontana Police Department, Captain Burton, recognized Officer Adrian Garcia as the Police Department's 2021 Employee of the Year.

E. Mayor Warren and City Council to recognize Corporal Valerie Gutierrez, Dispatch Supervisor Amy Blessinger, and Dispatchers Diana Zick and Melodi Mundrick as the Police Department’s December 2021 Employees of the Month (Captain Burton and Captain Stover to present).

Captain's Burton and Stover recognized Corporal Valerie Gutierrez, Dispatch Supervisor Amy Blessinger, and Dispatchers Diana Zick and Melodi Mundrick as the Police Department’s December 2021 Employees of the Month.

F. Mayor Warren and City Council to recognize Armando Martinez, Benjamin Parra, Ivan Torres and William Byrne as Public Works Department 2021 Employees of the Year (Public Works Manager Dan West to present).

Public Works Manager Dan West recognized Armando Martinez, Benjamin Parra, Ivan Torres and William Byrne as Public Works Department 2021 Employees of the Year.

G. Mayor Warren and City Council to swear in new Fontana Police Officers Cody Chick, Edward Lopez, Brandon McCaulley, Sean Olson, and Jorge Trujillo (Captain Burton to present).

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23 City Council Meeting Minutes January 25, 2022
Mayor Warren sworn in the following new Officers, with the assistance of their loved ones: Officers Cody Chick, Edward Lopez, Brandon McCaulley, Sean Olson, and Jorge Trujillo. The entire City Council welcomed these new Officers to the Fontana team and thanked them for stepping up to serve the Fontana community.

H. Mayor Warren and City Council to recognize Deputy City Clerk Ashton R.

Arocho on recent Master Municipal Clerk (MMC) designation (Interim Deputy City Manager Ray Ebert to present).

Interim Deputy City Manager Ebert recognized Deputy City Clerk, Ashton R.

Arocho, on her recent achievement as a Master Municipal Clerk (MMC).

I. Special Recognition of Council Members Phillip Cothran and Jesse Sandoval's Birthdays (Mayor Warren to present).

Mayor Warren and the entire City Council wished Council Members Cothran and Sandoval a Happy Birthday.

PUBLIC COMMUNICATIONS:

A. Public Communications

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24 City Council Meeting Minutes January 25, 2022
The following individuals spoke under public communications:

1. Deborah Hall Lindsey announced upcoming community events; and thanked the Mayor and City Council for their recent adjournment in honor of her mother, Claudia "Micki" Wright-Hall.

2. Ben commented on the lack of public outreach and notification of the redistricting meeting; commented on the location for the upcoming State of the City; asked for update on the opening of Spaggi's Restaurant; and closed with comments on the former City Manager Ken Hunt.

3. Ana Gonzalez commented and quoted on a recent article identifying the pollution that is affecting the Fontana community.

4. Elizabeth Sena addressed the small allotment of time for public communications; thanked the community for speaking on the redistricting hearing; commented on the Mayor's announcement prior to public communications; suggested a moratorium on either warehouses or trucking; and closed with suggestions to move public meetings into virtual settings. In addition, quoted a recent article released by the Orange County Registrar on Pollution.

5. Kareem Gongora recognized retiring Community Services Director Garth Nelson.

Although the Redistricting public hearing public comment portion was since closed, Mayor Warren allowed the following communications from the public:

Kareem Gongora stated that there was additional outreach alerting the public on the redistricting hearing; mentioned a potential broken link for an email address; and suggested that City staff do a distribution of draft maps throughout the community to ensure public input is received.

6. Anna Nibarri, thanked the Mayor and City Council on their hardwork and dedication on assisting those experiencing homelessness.

CONSENT CALENDAR:

Mayor Warren requested that item 'C' be removed from the Consent Calendar and not be taken as part of the motion. The request is that this item be taken back to City staff and modified to be written as an opt in/opt out rather than a mandate of e-filing.

ACTION: Motion was made by Mayor Warren, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Consent Calendar Items "A-B, D- O", with the removal of Consent Calendar Item 'C'. The motion carried by the following vote:

AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None A. Approval of Minutes 21-1139
Approve the minutes of the December 14, 2021, Regular City Council Meeting.

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25 City Council Meeting Minutes January 25, 2022
B. Adoption of Ordinance No.1876 21-1134
Second Reading/Adopt Ordinance No. 1876, an Ordinance of the City Council of the City of Fontana, California approving Municipal Code Amendment (MCA) No. 21-002 to amend Chapter 11 - Fire Prevention of the Municipal Code to (1) increase the minimum building square footage exception for requiring fire sprinklers, (2) require the installation of fire sprinklers or other appropriate fire suppression system as approved by the Fire Marshall for all buildings housing vehicles, and (3) allow installation of residential 13R or 13D fire sprinkler systems in place of commercial 13 systems for commercial buildings under 5,000 square feet.

C. Adoption of Ordinance No.1878 21-1122
This item was pulled from the Consent Calendar and was not taken as part of the motion.

D. Accept Donation From Fontana Foundation of Hope 21-1074 Accept donation from Fontana Foundation of Hope in the amount of $ 5,000 for use towards the 2021 Festival of Winter.

E. Accept Donation From Options for Youth 21-1075
Accept donation from Options for Youth in the amount of $2,500 for use towards the 2021 Festival of Winter.

F. Accept Donation From Kaiser Permanente 21-1076
Accept donation from Kaiser Permanente in the amount of $1,000 for use towards the 2021 Let’s Move on the Trail.

G. Accept Grant Award from Kaiser Permanente 21-1095
Accept grant award from Kaiser Permanente in the amount of $14,000 for use towards Healthy Fontana’s “The Awareness Project.”
H. Approve a Bond Reduction for Tract No.’s 18825 and 18915 21-1126 Approve a reduction of the Faithful Performance and Labor and Materials bonds posted by RSI Communities-California, LLC for Tract No.’s 18825 and 18915 located at the northeast corner of Summit Avenue and Citrus Avenue.

I. 311 Customer Relationship Management System (CRM) 21-1111

1. Authorize the Purchasing Office to utilize the State of California Master Service Agreement (MSA) for IT Management and Consulting Services (MSA 5167010).

2. Approve and authorize the City Manager to execute a contract with 120VC for Project Management (MSA 5167010-330) for implementation of the 311 CRM System.

3. Authorize the purchase of the subscription service platform Customer Community from Salesforce.com, Inc. for (5) years.

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26 City Council Meeting Minutes January 25, 2022
J. 2021 Police Department Donations 21-1117
Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

K. 2022 Statement of Investment Policy 21-1125

1.Adopt the City of Fontana Statement of Investment Policy for 2022.

2. Adopt Resolution No. 2022-001 designating City officers who are authorized to invest funds for the City of Fontana and repealing Resolution No. 2021-004.

L. Homekey2 Project and Application Resolution 21-1124

1. Approve an affordable housing project containing 10 to 14 units of interim housing for chronically homeless, homeless households, or households at risk of homelessness and up to seven units of market rate housing to be sited at most two Fontana Housing Authority and City of Fontana owned properties located at 8996 Olive Street and 8344 Bennett Avenue.

2. Adopt Resolution No. 2022-002, a resolution of the City Council of the City of Fontana authorizing application to and participation in the California Department of Housing and Community Development Homekey program.

3. Authorize the City Manager to execute and transmit any documents necessary or appropriate to ensure the City's timely submission of the Homekey application, inclusive of an Funding Commitment letter demonstrating the City ’s intent to commit Permanent Local Housing Allocation (PLHA) funds not to exceed $1,312,326 to support project operating expenses for up to 4-years, and the City’s intent to commit up to $ 992,936 in development costs for non- assisted units from either PLHA or Housing Trust funds.

M. Purchase & Sale Agreement - Downtown Fontana Properties 21-1079

1. Approve a Purchase & Sale Agreement for the sale of 16756 Arrow Blvd. and APN # 019116208, two properties located on Arrow Blvd. in Downtown Fontana.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

N. Resolution Ratifying the 2021-2023 Confirmation of Understanding for Management Confidential Employees
21-1061
Adopt Resolution No. 2022-003 a Resolution of the City Council of the City of Fontana ratifying the Confirmation of Understanding (COU) between the City of Fontana and Management Confidential Employees.

O. A Resolution supporting the Our Neighborhood Voices
(Brand-Huang-Mendoza Tripartisan Land Use) Initiative
21-1144
Adopt Resolution No. 2022-004, to support the Our Neighborhood Voices Initiative.

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27 City Council Meeting Minutes January 25, 2022
PUBLIC HEARINGS:

A. Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city.
21-1096
Mayor Warren opened the public hearing.

Deputy City Manager Burum and Senior Planner Rina Leung provided the staff report and answered questions of the City Council.

The following individuals spoke on this item:

1. Miguel Aldana spoke on concerns of increased warehouse development within the community and thanked staff for implementing some environmental health safety for residents.

2. Ana Gonzalez thanked the City and staff on bringing forward an Ordinance around the environmental impacts warehouse developments have on residents, however, feels that the City failed to obtain public input in assisting with the Ordinance development to better benefit the residents.

3. Elizabeth Sena spoke on concerns of increased warehouse development within the community and feels that the Ordinance is misleading to the public on it's current language.

4. Kareem Gongora, member of the Environmental Justice Group of the South Coast Air Quality Management District, representing the Fontana region, spoke on concerns of the Ordinance language presented and outlined further concerns with the warehouse development effects on residents health.

5. Joaquin Castillejos thanked the City and staff on bringing forward an Ordinance addressing resident concerns with environmental impacts of warehouse developments, however, feels that the Ordinance is misleading and not sustainable.

6. Jon Shardlow thanked the City and staff for maintaining a high standard throughout development and was taken back by some public comments received this evening.

7. Matt Slowik outlined that the Ordinance proposed to the Council is one of many that have been gathered over decades of work on environmental

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28 City Council Meeting Minutes January 25, 2022
and air quality studies and projects throughout the City.

8. Andrea DeLeon, Executive Director of the Fontana Chamber of Commerce, spoke in support of the item before the Council and thanked City staff for proposing such an Ordinance to assist with the public concerns.

Mayor Warren closed the public hearing.

Mayor Warren addressed some of the public comments received regarding the process, identifying that the public has received multiple opportunities to provide input on this Ordinance at Planning Commission meetings, as well as by sending written correspondence to both Commissioner, Council members and City Staff.

Mayor Pro Tem Garcia clarified with the assistance of Deputy City Manager Burum that all the development projects throughout the City must follow all the rules, standards, and regulations presented by the South Coast Air Quality Management District and the California Resources Board. In addition, identified that this particular Ordinance enhances additional protection measures not required by either the South Coast Air Quality Management District or the California Resources Board.

Council Member Sandoval asked Deputy Manager Burum if staff have connected appropriately with businesses regarding this Ordinance, to ensure that City staff has done their due diligence on informing the public of these changes and impacts that it may have on their businesses.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item 'A' as follows:

Read by title only and waive further reading of and introduce Ordinance No.1879, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city, and the reading of the title constitutes the first thereof.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
B. 21-1113
Mayor Warren opened the public hearing.

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29 City Council Meeting Minutes January 25, 2022
Senior Planner Paul Gonzalez provided the staff report and answered questions of the City Council.

Council Member Cothran confirmed with staff that the sign that will be added onto the corner will assist with blocking view of any vehicles potentially behind it.

Council Member Sandoval asked how many charging stations will be on-site for the property. Interim City Manager Shannon Yauchzee has announced that they look to put 2-3 Tesla charging stations on the property, voluntarily, but they will add the infrastructure for the potential addition of charging stations.

The following individuals spoke under public comment:

1. Ralph Deppisch, Director of Development with Sage Investco, Applicant, came forward and addressed some questions and concerns that the Council shared.

2. Kareem Gongora, thanked the applicant for coming to Fontana, also for Council Member Sandoval for requesting diverse charging stations, and closed with concerns on traffic flow located near the project site and encouraged City staff to be sure to take that into account.

Mayor Warren closed the public hearing.

Mayor Warren asked Senior Planner Gonzalez to comment on the concerns of traffic flow at the project location announcing that there was a traffic impact analysis on this project and all accounts will be fine.

ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item "B" as follows:

1. Read by title only and waive further reading of and introduce Ordinance No. 1880, an Ordinance of the City Council of the City of Fontana, approving Zone Change No. 21-001 for text and figure changes that include changing Planning Area 1 to Planning Area 3 within the Auto Overlay of the Zoning and Development Code on approximately 6.20 adjusted gross acres (APN: 0240-011-03, -05, -06, -35, -38, -41, -42, and -44), and amending Section 6403(a) to allow for a grocery store use, and the reading of the title constitutes the first thereof.

2. Read by title only and waive further reading of and introduce Ordinance No. 1881, an Ordinance of the City Council of the City of Fontana approving

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30 City Council Meeting Minutes January 25, 2022
Development Agreement No. 21-003, between the City of Fontana and Sage Citrus Fontana, LLC which provides a public benefit fee in the amount of $376,180.00 dollars and the reading of the title constitutes the first reading thereof.

2. Adopt Resolution No. 2022-005 a Resolution of the City Council of the City of Fontana, adopting the initial study and Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.16 of the 2019 Local Guidelines for Implementing CEQA, approving Tentative Parcel Map No. 20370 (TPM No. 21-006) for consolidation of eight (8) parcels into five (5) parcels, approving Conditional Use Permit No. 21-004 for a Type 21 ABC license, approving Conditional Use Permit No. 21-005 and CUP No. 21-006 for drive-thru establishments, approving Design Review No. 21-010 for site and architectural review of a commercial shopping center with a grocery store and five (5) additional pads for a total building square footage of approximately 53,740 square feet and approving Design Review Sign No. 21-018 for a sign program to the Auto Center Overlay District on a 6.20 adjusted gross acre project site (APN: 0240-011-38, -41, -03, -05, -42, -06, -35 and -44) subject to the findings and conditions of approval.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None.

C. Resolution of Necessity Public Hearing: Assessor Parcel Nos. 0232-201-12 and 0232-201-13
21-1116
Mayor Warren opened the public hearing.

Engineering Manager Jeffrey Kim provided the staff report and answered questions of the City Council.

There were no public communications received on this item.

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item 'C' as follows:

1. That the Mayor and City Council conduct a Public Hearing to consider adoption of a proposed Resolution of Necessity, making the following findings:
(a) The public interest and necessity require the proposed project;

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31 City Council Meeting Minutes January 25, 2022
(b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) Acquisition of the two vacant parcels (APNs 0232-201-12 and 0232-201-13) is necessary for the proposed project;
(d) The offers required by section 7267.2 of the California Government Code were made; and
(e) The public use for this property is a more necessary use than the use for which the property is appropriated.

2. Adopt Resolution No. 2022-006, a Resolution of Necessity by the Fontana City Council, declaring that acquisition of a fee interest in certain real property located in the City of Fontana, San Bernardino County, California, more particularly described as Assessor Parcel Numbers 0232-201-12 and 0232-201-13, by eminent domain, is necessary for the installation of infrastructure improvements within the City of Fontana.

The motion carried by the following vote: AYES: Warren, Garica, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None.

D. Municipal Code Amendment (MCA) No. 22-01 - Adoption of an Urgency Ordinance of the City Council of the City of Fontana, Amending Sections 13-27 and 13-30 of the Fontana Municipal Code, Amending the Enforcement Authority regarding the City’s Environmental Health Code, and Adoption of a Regular Ordinance for Long-Term Implementation of same
21-1135
Mayor Warren opened the public hearing.

Deputy City Manager Burum provided the staff report and answered questions of the City Council.

The following individuals spoke on in opposition of this item:

1. Jessica Alcocer, Economic Justice Organizer for the Inland Collation for Immigrant Justice

2. Joaquin Castillejos

3. Lyzzeth Mendoza

4. James Lee

5. Kareem Gongora

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32 City Council Meeting Minutes January 25, 2022

6. Miguel Aldana

7. Ana Gonzalez

8. Elizabeth Sena
The following individuals requested Spanish translations, provided by Executive Assistant Tanya Ruiz.

9. Olga Flores

10. Sergio Ruiz

11. Alberto Ruiz
The following individual spoke in support of this item:

1. Matt Slowick
Mayor Warren closed the public hearing.

Mayor Warren commented on some of the public communications received this evening.

City Attorney Duran interjected and clarified that the Ordinance before the City Council is very narrow in scope, due to recent passing of State law.

What is proposed to be changed in this Ordinance is not the provisions around the passed law, but the enforcement from County level to be transferred in-house to City level while still maintaining compliance with State law.

Interim City Manager Yauchzee also provided comments from local businesses that are complaining of such businesses occurring within their parking lots and property, as their businesses are also struggling after the pandemic.

Mayor Pro Tem Garcia also commented on some of the public communications received this evening, clarifying that the Ordinance intent is not to criminalize any individual but to ensure that business is being operated legally.

Council Member Cothran commented on a recent conversation he had with City staff to better incorporate food truck vendors into City events to better include such businesses to be a part of the community with the safety in mind.

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33 City Council Meeting Minutes January 25, 2022
Council Member Sandoval commented on how the Ordinance does not identify educating the community and requested that the education needs to be presented to the public in dual languages and urges City staff to do more public outreach to the community.

Due to the provisions written in Resolution No. 89-172, the Council was asked to make a motion to extend the meeting past 11:00 p.m.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, to extend the meeting past 11:00 p.m. The motion carried unanimously by a 5-0 roll call vote. (AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None).

Deputy City Manager Burum responded to comments made by both the public and City Council.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 4-1 to adopt Public Hearing Item 'D' as follows:

1. Approve Municipal Code Amendment (MCA) No. 22-01 - Adopt Urgency Ordinance No. 1882, of the City Council of the City of Fontana, amending sections 13-27 and 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’s environmental health code.

2. Read by title only and waive further reading of and introduce Ordinance No. 1883, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-01 amending sections 13-27 and 13-30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’s environmental health code and the reading of the title constitutes the first thereof.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None.

NEW BUSINESS:

A. Amending Fontana Municipal Code Section 2-39 to Increase the Salary for Members of the City Council and Mayor; Introduction and First Reading of Ordinance
21-1093
City Attorney Duran provided the staff report and answered questions of the City Council.

No public communications were received on this item.

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34 City Council Meeting Minutes January 25, 2022
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 3-2 to adopt New Business Item 'A' as follows:

Read by title only and waive further reading of and introduce Ordinance No. 1884, Amending Section 2-39 Of The Fontana Municipal Code, Regarding The Salary For Members Of The City Council And Mayor.

The motion carried by the following vote: AYES: Warren, Garcia, and Roberts; NOES: Cothran and Sandoval; ABSTAIN: None.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
Interim City Manager Yauchzee commented on the construction of the South Fontana Park with a completion date of end of 2022; groundbreaking for Monarch Hills Project North Gate Market; and groundbreaking of Fire Station 81.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. 21-1119
Mayor Warren asked the City Council to appoint Armando Valles to the Parks, Community, and Human Services Commission.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, to appoint Armando Valles to the unscheduled vacancy with a term ending December 31, 2022. The motion carried by a 4-1 vote as follows:

AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN:

None.

B. Elected Officials Communications/Reports

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35 City Council Meeting Minutes January 25, 2022
Mayor Pro Tem Garcia thanked City staff for putting forward with the Code Amendment to establish sustainability standards to improve air and other environmental quality for warehouse developments throughout the City.

Council Member Cothran congratulated newly appointed Parks, Community and Human Services Commissioner Armando Valles.

Council Member Sandoval thanked Chief Green on an excellent Annual report; recognized the COAST team on their recent dedication to the community in finding housing for a displaced family; requested that the Chief's Roundtable be brought to City Council for a proper introduction; and requested that management look into the current COVID increases and potentially modifying public meetings to virtual.

Interim City Manager Yauchzee informed the Mayor and City Council that staff has been maintaining coverage on the current COVID increases and does not anticipate transitioning public meetings to a virtual setting, unless directed by the County.

Council Member Sandoval also requested that staff look at the upcoming Redistricting Public Hearing scheduled for March and be sure to have deadline for map submittals be on a working day.

Council Member Roberts congratulated Keith Kramer and Garth Nelson on a well-deserved and earned retirement, thanking both of them for all their commitment to the community and staff.

City Treasurer Koehler-Brooks congratulated Deputy City Clerk Ashton R. Arocho on her recent achievement as a Master Municipal Clerk (MMC); congratulated the employees that were recognized this evening; congratulated Keith Kramer and Garth Nelson on their retirements; and closed with welcoming the new Police Officers.

Mayor Warren congratulated Keith Kramer and Garth Nelson on their recent retirements; recognized recent introduction of Ordinance for the salary increase of City Council members; commented on recent Washington D.C. trip; discussed ways to move into a post-COVID lifestyle; discussed grants being funded by the recent Presidential infrastructure bill; and closed with highlights of how Fontana will continue to move forward this year.

ADJOURNMENT:

A. Adjournment

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36 City Council Meeting Minutes January 25, 2022
The meeting was adjourned in memory of Ms. Mariesha Collins, Los Angeles County Juvenile Probation Officer; Mrs. Jennifer Vaughn-Blakely, First Black Assistant City Manager for the City of Fontana; Retired San Bernardino County Sgt. Mario Salazar; and Douglas Potts.

Mayor Warren adjourned the meeting at 11:35 p.m. to the State of the City Address to be held on Thursday, January 27, 2022, at 5:00 p.m. at the Water of Life Church located at 7625 East Avenue, Fontana, California; and to the next Regular City Council Meeting on February 8, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
__________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE 8TH DAY OF FEBRUARY 2022.
___________________________
Tonia Lewis
City Clerk

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37 Tuesday, January 25, 2022
6:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
Special 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
Tonia Lewis - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes

Page 1 of 1 ends

38 CALL TO ORDER/ROLL CALL:

A. 6:00 P.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 6:00 p.m.

ROLL CALL:

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

Absent: None
CLOSED SESSION:

A. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, California, with all City Council members present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session
There were no public communications received on the following item:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) Property: APN’s 1108-072-01 thru -16 and 1108-074-01 thru -16 City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Diversified Pacific Communities
Under Negotiation: Price and terms of payment
ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 7:00 p.m.
___________________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE CITY COUNCIL ON THE 8TH DAY OF FEBRUARY 2022.
___________________________________
Tonia Lewis
City Clerk

Page 1 of 1 ends

39 Wednesday, January 26, 2022
7:30 AM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Center Stage Theater, 8463 Sierra Avenue, Fontana CA 92335 Special 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
Tonia Lewis - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes

Page 1 of 1 ends

40 CALL TO ORDER/ROLL CALL:

A. 7:30 A.M. Call To Order/Roll Call:

The Special City Council meeting of the Fontana City Council was held in Center Stage, 8463 Sierra Avenue, Fontana, California on Wednesday, January 26, 2022. Mayor Warren called the meeting to order at 7:40 a.m.

ROLL CALL:

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

Absent: None
PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session
There were no public communications received on the following Closed Session Item:

PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b)(1))
Title: City Manager
ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 1:13 p.m. to the State of the City Address to be held on Thursday, January 27, 2022, at 5:00p.m. at the Water of Life Church located at 7625 East Avenue, Fontana, California; and to the next Regular City Council Meeting on February 8, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_______________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE FONTANA CITY COUNCIL ON THE 8TH DAY OF FEBRUARY 2022.
________________________________
Toni Lewis
City Clerk

Page 1 of 1 ends

41 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1162 Agenda Date: 2/8/2022
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1878
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1878, an Ordinance of the City Council of the City of Fontana, adding Article III to Chapter 7 of Fontana Municipal Code Regarding Electronic and Paper Methods of Filing Fair Political Practices Commission Campaign Disclosure Statements COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by improving services through the effective use of technology.
· To improve public safety by increasing operational efficiency, visibility, and availability. · To increase citizen involvement by utilizing technology to promote communication and linkages in the community
DISCUSSION:

Ordinance No. 1878 was introduced by a vote of 5-0 at the December 14, 2021, Regular City Council meeting. It was later pulled from the agenda at the January 25, 2022, Regular City Council meeting with a request to change the language of the Ordinance from a mandatory e-filing, to an opt-in/opt- out option by the filer.

FISCAL IMPACT:

There is no fiscal impact associated with adopting the proposed ordinance. Funding for the Netfiles,Inc., services is included in the Fiscal Year 2021/2022 City Clerk’s Operating Budget in the General Fund #101, budget unit 10122000.

MOTION:

Approve staff recommendation.

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42 ORDINANCE NO. 1878

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, ADDING ARTICLE III TO
CHAPTER 7 OF THE FONTANA MUNICIPAL CODE

REGARDING ELECTRONIC AND PAPER METHODS OF

FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS

WHEREAS, California Government Code Section 84615 provides that a legislative body of local government agency may adopt an ordinance that requires an elected offer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the Deputy City Clerk; and

WHEREAS, the City Council expressly finds and determines that NetFile software web-based system, as proposed by the Deputy City Clerk, contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and

WHEREAS, the software used by NetFile's electronic filing system has been certified by the Secretary of State and meets the requirements set by Governme nt Code Section 84615;and

WHEREAS, the Deputy City Clerk and NetFile will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. FINDINGS

"CHAPTER 7, ARTICLE III - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE INFORMATION”

Sections:

7-31 Required Use of Electronic Filing System.
7-32 Paper Filing Not Required After Electronic Filing. 7-33 Filing Options When a Copy Must be Filed With Deputy City Clerk.
7-34 Paper Filing When Cannot File Electronically.
7-35 Internet Posting of Data.
43 7-36 Records Retention.

§ 7-31 Required Use of Electronic Filing System.

(A) Except as set forth in subsection B of this Section 7-31, any elected officer, candidate, committee or other person required to file specified statements, reports, forms, or other documents with the Fontana Deputy City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may el ectronically file such statement using the City's online system according to procedures established by the Deputy City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, or committee, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate or committee must be filed electronically.

(B) An elected officer, candidate, committee or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the Deputy City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.

§ 7-32 Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee or other person who has electronically filed a statement, report, form, or other document using the City's online syste m is not also required to file a copy of that document in a paper format with the Deputy City Clerk.

§ 7-33 Filing Options When a Copy Must be Filed With Deputy City Clerk. In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the Deputy City Clerk, the filer may electronically file a copy with the Deputy City Clerk or may file in a paper format.

§ 7-34 Paper Filing When Cannot File Electronically. If, for technical reasons, the City’s system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee or other person shall timely file that document in paper format with the Deputy City Clerk.

§ 7-35 Internet Posting of Data. The Deputy City Clerk shall ensure that the City's system makes all electronically-filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk Department shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.

§ 7-36 Records Retention. The City Clerk Department shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record. 44 § 7-37 Administrative Policies and Procedures. The Deputy City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter."
SECTION 2. The Deputy City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law.

SECTION 3. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

APPROVED AND ADOPTED this 8th day of February 2022.

READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Tonia Lewis, 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 introduced at a regular meeting of said City Council on December 14, 2021, and was finally passed and adopted not less than five days thereafter on January 25, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:
___________________________________
City Clerk
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
45 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1158 Agenda Date: 2/8/2022
Agenda #: C. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No.1879
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1879, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city, COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion and attraction. · To promote economic development by establishing a quick, consistent development process.

DISCUSSION:

Ordinance No. 1879 was introduced by a vote of 5-0 at the January 25, 2022, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1879

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA AMENDING CHAPTER 9 OF THE

FONTANA MUNICIPAL CODE TO ADD ARTICLE V TO

ESTABLISH SUSTAINABI LITY STANDARDS FOR THE

REGULATION OF AIR AND ENVIRONMENTAL QUALITY

FOR THE DEVELOPMENT OF INDUSTRIAL COMMERCE
CENTERS.

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

WHEREAS, the City of Fontana (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on or about May 7, 2021, the governing board of the South Coast Air Quality Management District (“SCAQMD”) adopted Rule 2305, the Warehouse Indirect Source Rule (“Rule 2305”); and
WHEREAS, Rule 2305 requires warehouses greater than 100,000 square feet to directly reduce nitrogen oxide and diesel particulate matter emissions, or to otherwise facilitate emission and exposure reductions of these pollutants in n earby communities; and
WHEREAS, SCAQMD has also adopted Rule 402 prohibiting emissions that cause injury and/or annoyance to a substantial number of people, including odors; Rule 403 requiring dust control measures during construction; Rule 1113 requiring the use of low Volatile organic compounds (“VOC”) paints and coatings; Rule 1186 requiring use of SCAQMD certified street sweepers; and Rule 2202 requiring establishment of rideshare programs for facilities employing more than 250 employees; and WHEREAS, the California Air Resources Board (“CARB”) adopted Rule 2485 restricting diesel engine idling to five minutes or less; and WHEREAS, California Building Standards Commission adopted Part 11, Title 24 of the California Code of Regulations, known as CALGreen, which generally requires low energy use features, lo w water use features, all -electric vehicle (“EV”) parking spaces and charging facility accommodation, carpool/vanpool p arking spaces, and short -term and long-term bicycle parking facilities; and
WHEREAS, the City currently regulates industrial commerce center development in Specific Plan Areas, as well as pursuant to Chapter 30 of the Zoning and Development Code; and
WHEREAS, the City Council requested staff to research air quality improvement and other measures related to industrial commerce center development projects; and WHEREAS, on September 14, 2021, the results of the requested research were presented at a joint Planning Commission and City Council workshop; and 47 Ordinance No. 1879

Page 2 of 8 ends

WHEREAS, the City desires to impose air and other environmental quality improvement measures, and standardize the requirements concerning such improvement measures for all industrial commerce center developments; and WHEREAS, the City initiated Municipal Code Amendment (AMD) No. 21 -001 amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish air and other environmental quality sustainability standards for warehouses (industrial commerce centers) throughout the city that will include standardize requirements with the objective to improve air and environmental quality; and
WHEREAS, on December 21, 2021, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Municipal Code Amendment (AMD) No. 21-001; and
WHEREAS, December 21, 2021, the Planning Commission approved Resolution No. PC 2021 -050 and recommended approval to City Council of Municipal Code Amendment (AMD) No. 21 -001 and after carefully considering all information pertaining to the proposed project, including the staff report, and all the information, evid ence, and testimony presented at its public hearing on December 21, 2021; and WHEREAS, On January 25, 2022, the City Council held a duly noticed public hearing on Municipal Code Amendment (AMD) No. 21 -001, and the supporting documents in evidence, the City Council found that the Municipal Code Amendment is in conformance with General Plan and does not change any of the Land Use Designation of any properties and it is consistent with the General Plan and furthers Action B of Goal 3 in Chapter 12 to promote r enewable energy programs for government, Fontana businesses, and Fontana residences; and
WHEREAS, a notice of the public hearing was published in the local Fontana Herald newspaper on Friday, January 14, 2022 and posted at City; and

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

SECTION 1. The recitals above are true and correct and are fully incorporated herein.

SECTION 2. Current Article I is hereby renumbered as Article II and the title is amended to read as follows: “Hazardous Waste Management Plan.” SECTION 3. Current Article II is hereby renumbered as Article III.

SECTION 4. Current Article III is hereby renumbered as Article IV.

SECTION 5. Article I is hereby amended to read as follows: “ This Chapter sets forth the requirements for environmental protection and resource extraction. The requirements of this Chapter are general in nature and apply to all of the articles, sections, and codes adopted by this Chapter.”
48 Ordinance No. 1879

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SECTION 6. Article V of Chapter 9 of the Fontana Municipal Code is hereby added to read as follows:

ARTICLE V. – Industrial Commerce Centers Sustainability Standards Sec. 9-70. – Applicability.

This Article is applicable to all Warehouse uses throughout the city, as defined in Section 30-12 of Chapter 30, Article 1, Division 4; and as listed as a type of “Warehousing Use” in Table No. 30 -530 and includes all warehouse uses in Specific Plans. The following sections shall supersede any existing requirements in the Municipal Code and Specific Plans.

Sec. 9-71. – Buffering and Screening / Adjacent uses.
(1) For any Warehouse building larger than 50,000 square feet in size, a ten-foot-wide landscaping perimeter buffer shall be required when adjacent to any sensitive recept ors. The perimeter buffer area shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height, natural ground landscaping, and solid screen buffering trees, as described below, unless there is an existing solid block wall. For any Warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors. Sensitive receptor shall be defined as any residence including privat e homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, and dormitories. (2) Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36- inch box, and shall be spaced at no greater than 40-feet on center. The property owner and any successors in interest shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed.
(3) If physically possible, l oading docks shall be oriented away from adjacent sensitive receptors.
(4) All landscaping shall be drought tolerant, and to the extent feasible, species with low biogenic emissions. Palm trees shall not be utilized. (5) All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth.

Sec. 9-72. – Signage and Traffic Patterns.

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(1) Entry gates into the loading dock/truck court area shall be positioned after a minimum of 140 feet of total available stacking depth inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 50 docks. Queuing, or circling of vehicles, on public streets immediately pre- or post-entry to an industrial commerce facility is strictly prohibited unless queuing occurs in a deceleration lane or right turn lane exclusively serving the facility.

(2) Applicants shall submit to the Engineering Department, and obtain approval of, all turning templates to verify truck turn ing movements at entrance and exit driveways and street intersection adjacent to industrial buildings prior to entitlement approval. Unless not physically possible, truck entries shall be located on Collector Streets (or streets of a higher commercial clas sification), and vehicle entries shall be designed to prevent truck access on streets that are not Collector Streets (or streets of a higher commercial classification), including, but not limited to, by limiting the width of vehicle entries.

(3) Anti-idling signs indicating a 3 -minute diesel truck engine idling restriction shall be posted at industrial commerce facilities along entrances to the site and in the dock areas and shall be strictly enforced by the facility operator.

(4) Prior to issuance of certificat e of occupancy facility operators shall establish and submit for approval to the Planning Director a Truck Routing Plan to and from the State Highway System based on the City’s latest Truck Route Map. The plan shall describe the operational characteristics of the use of the facility operator, including, but not limited to, hours of operations, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that avoids passing sensitive recepto rs, to the greatest extent possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. Facility operator shall be responsible for enforcement of the plan. A revised plan shall be submitted to by the Planning Director prior to a business license being issued by the City for any new tenant of the property. The Planning Director shall have discretion to determine if changes to the plan are necessary including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.

(5) Signs and drive aisle pavement markings shall clearly identify the on - site circulation pattern to minimize unnecessary on-site vehicular travel.

(6) Facility operators shall post signs in prominent locations inside and outside of the building indicating that off -site parking for any employee, truck, or other operation related vehicle is strictly prohibite d. City may require facility operator to post signs on surface or residential streets 50 Ordinance No. 1879

Page 5 of 8 ends

indicating that off -site truck parking is prohibited by City ordinance and/or the Truck Routing Plan.

(7) Signs shall be installed at all truck exit driveways directing tru ck drivers to the truck route as indicated in the Truck Routing Plan and State Highway System.

(8) Signs shall be installed in public view with contact information for a local designated representative who works for the facility operator and who is designated to receive complaints about excessive dust, fumes, or odors, and truck and parking complaints for the site, as well as contact information for the SCAQMD’s on -line complaint system and its complaint call-line: 1-800-288-7664. Any complaints made to the facility operator’s designee shall be answered within 72 hours of receipt.

(9) All signs under this Section shall be legible, durable, and weather-proof.

Sec. 9-73. – Alternative Energy.

(1) On-site motorized operational equipment shall be ZE (zero emission).

(2) All building roofs shall be solar -ready, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of a rooftop solar photovoltaic (PV) system at some point after the building has been constructed.

(3) On buildings over 400,000 square feet, prior to issuance of a business license, the City shall ensure rooftop solar panels are installed and operated in such a manner that they will supply 100% of the power needed to operate all non -refrigerated portions of the facility including the parking areas.
(4) At least 10% of all passenger vehicle parking spaces shall be electric vehicle (EV) ready, with all necessary conduit and related appurtenances installed. At least 5% of all passenger vehicle parking spaces shall be equipped with working Level 2 Quickcharge EV charging stations installed and operational, prior to building occupancy. Signage shall be installed indicating EV charging stations and specifying that spaces are reserved for clean air/EV vehicles. Unle ss superior technology is developed that would replace the EV charging units, facility operator and any successors in interest shall be responsible for maintaining the EV charging stations in working order for the life of the facility.
(5) Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed 51 Ordinance No. 1879

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during construction of the building shell from the electrical room to 100% of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every dock door servic ing the refrigerated space to allow transport refrigeration units (TRUs) to plug in. Truck operators with TRUs shall be required to utilize electric plug-in units when at loading docks. (6) Bicycle racks are required per Section 30 -714 and in the amount required for warehouse uses by Table 30 -714 of the Zoning and Development Code. The racks shall include locks as well as electric plugs to charge electric bikes. The racks shall be located as close as possible to employee entrance(s). Nothing in this section shall preclude the warehouse operator from satisfying this requirement by utilizing bicycle parking amenities considered to be superior such as locating bicycle parking facilities indoors or providing bicycle lockers.

Sec. 9-74. – Operation and Construction.

(1) Cool surface treatments shall be added to all drive aisles and parking areas or such areas shall be constructed with a solar -reflective cool pavement such as concrete.

(2) To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% lar ger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.

(3) Use of low VOC paints shall be required.

(4) The facility operator shall incorporate a recycling program. (5) The following environmentally responsible practices shall be required during construction:
a. The applicant shall use reasonable best efforts, as determined by the Planning Director, to deploy the highest rated CARB Tier technology that is available at the time of construction. Prior to permit issuance, the construction contractor shall submit an equipment list confirming equipment used is compliant with the highest CARB Tier at the time of construction. Equipment proposed for use that does not meet the highest CARB Tier in effect at the time of construction, shall only be approved for use at the discretion of the Planning Director.
52 Ordinance No. 1879

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b. Use of electric -powered hand tools, forklifts, and pressure washers.
c. Designation of an area in any construction site where electric - powered construction vehicles and equipment can charge. d. Identification in site plans of a location for future electric truck charging stations and installation of a conduit to that location. e. Diesel-powered generators shall be prohibited except in case of emergency or to establish temporary power during construction. (6) A Property Maintenance Program shall be submitted for review and approval by the Planning Director or his/her design ee prior to the issuance of building permits. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physically condition, and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program.
(7) Property owner shall provide facility operator with information on incentive programs such as the Carl Moyer Program and Voucher Incentive Program and shall require all facility operators to enroll in th e United States Environmental Protection Agency’s SmartWay Program.

SECTION 7. Based on the foregoing, the City Council determines that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(B)(3) (the common -sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA , as implementation of this Ordinance is to improve the environment. The Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a notice of exemption within five working days after the adoption of this Ordinance.

SECTION 8. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. This Ordinance shall take effect thirty (30) days after the date of its adoption.
53 Ordinance No. 1879

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SECTION 10. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana. The City Clerk is the custodian of records for this Ordinance and the records are available at 8353 Sierra Avenue, Fontana CA 92335.

APPROVED AND ADOPTED this 8th day of February 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Tonia Lewis, 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 introduced at a regular meeting of said City Council on January 25, 2022, and was finally passed and adopted not less than five days thereafter on February 8, 2022, 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
54 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1159 Agenda Date: 2/8/2022
Agenda #: D. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinances Nos.1880 and 1881
RECOMMENDATION:

1. Second Reading/Adopt Ordinance No. 1880, an Ordinance of the City Council of the City of Fontana, approving Zone Change No. 21-001 for text and figure changes that include changing Planning Area 1 to Planning Area 3 within the Auto Overlay of the Zoning and Development Code on approximately 6.20 adjusted gross acres (APN: 0240-011-03, -05, -06, -35, -38, -41, -42, and -44), and amending Section 6403(a) to allow for a grocery store use.

2. Second Reading/Adopt Ordinance No. 1881, an Ordinance of the City Council of the City of Fontana approving Development Agreement No. 21-003, between the City of Fontana and Sage Citrus Fontana, LLC which provides a public benefit fee in the amount of $376,180.00 dollars.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by ensuring commissions work within clear guidelines to achieve Council goals.
· To promote economic development by concentrating on job creation. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

Ordinances Nos. 1880 and 1881 were introduced by a vote of 5-0 at the January 25, 2022 Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1880

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF FONTANA ,
APPROVING ZONING CODE AMENDMENT 21-001 FOR TEXT AND FIGURE CHANGES THAT INCLUDE CHANGING PLANNING AREA 1 TO PLANNING AREA 3 WITHIN THE AUTO OVERLAY WITHIN THE ZONING AND
DEVELOPMENT CODE ON APPROXIMATELY 6.20 ADJUSTED GROSS
ACRES (APN: 0240-011-38, -41, -03, -05, -42, -06, -35 and -44).

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

Section 1. On December 7TH, 2021, the Planning Commission duly conducted a noticed public hearing on Zone Change No. 21-001, received testimony and information from any and all parties, and recommended its approval to the City Council by resolution.

Section 2. After the publication of notice as required by law, the City Council of the City of Fontana, California conducted a public hearing on Zone Change No. 21-001.

Section 3. Based on the information presented to the City Council at the public hearing held for Zone Change No. 21-001, on January 25, 2022, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in co nformance with the goals and policies of the General Plan.

Section 4. Zone Change No. 21-001 is consistent with the goals and policies of the City of Fontana, General Plan by providing for a variety of commercial uses; and

Section 5. Based on the information in the Initial Study (IS), a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the IS, the project could not have a significant effect on the environment as a result of project implementation and the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared.

Section 6. Zone Change No. 21-001 is hereby approved and the zoning for Assessor Parcel Nos. 0240-011-38, -41, -03, -05, -42, -06, -35 and -44 is changed from Planning Area 1 to Planning Area 3 as shown on Exhibit “ A”, attached hereto and by this reference incorporated.
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Section 7. 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 Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

APPROVED AND ADOPTED this January 25, 2022.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________________
City Attorney

I, Tonia Lewis, 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 25th day of January 2022, and was finally passed and adopted not less than five days thereafter on the 8th day of February, 2022, 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

57 Ordinance No. 1880

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“EXHIBIT A”

Existing Planning Areas

58 Ordinance No. 1880

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Proposed Planning Area 3

Proposed
Planning Area 3
59 1 of 5

ORDINANCE NO. 1881

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING A DEVELOPMENT AGREEMENT
(DA NO. 21-003) BETWEEN THE CITY OF FONTANA AND

SAGE CITRUS FONTANA, LLC THAT P ROVIDES A
PUBLIC BENEFIT FEE IN THE AMOUNT OF $ 376,180.00

DOLLARS

WHEREAS, the City Council ("City Council") of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-102 of the City's Development Code ("Development Code") to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and

WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and

WHEREAS, the City of Fontana, a California Municipal Corporation ("City") and Citrus and Slover, LLC ., ("Developer") entered into a Development Agreement ("DA"), dated as of January 25, 2022 for reference purposes only, whereby Developer is to acquire fee title to certain real property (the "Property"); and

WHEREAS, Developer's interest in the Property, including that interest to be conveyed pursuant to the DA, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and

WHEREAS, Developer proposes the development of the Property for a commercial retail center consisting of an anchor building and various outlying building pads totaling approximately 53,740 square feet on the Property, entailing fron t end investment in the planning, entitlement and development of the Property to achieve the goals of the City's General Plan ("General Plan"), as further described and conditioned in the Development Agreement (collectively, such development shall be refer red to herein as the "Project"); and

WHEREAS, City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and

WHEREAS, City has found that the development agreement attached hereto as Exhibit A and incorporated herein by reference ("Development Agreement") is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and

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WHEREAS, City has determined that by entering into the Development Agreement: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment, industrial opportunities created by the Project for residents of the City; and

WHEREAS, on January 25, 2022 , the City Council introduced this Ordinance through a first reading of this Ordinance; and

WHEREAS, An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for this project in accordance with Section 15072 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 City of Fontana Local Guidelines for Implementing the CEQA. Based on the information in the IS/MND, all significant impacts anticipated as a result of project implementation would be less than with mitigation incorporated, and a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Planning Commission’s consideration; therefore, a Notice of Determination has been prepared.

WHEREAS, the terms and conditions of the Development Agreement have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable and consistent with the General Plan. Further, City finds that: (i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the Development Agreement is consistent with the General Plan; (iv) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice; (v) the Development Agreement will not be detrimental to the public health, safety and general welfare; and (vi) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property.

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

Section 1. Based on the foregoing, the City of Fontana City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in accordance with Section 15072 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 City of Fontana Local Guidelines for Implementing the CEQA.

Section 1. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the development agreement, a copy of which is on file with the City Clerk and incorporated by reference herein attached as “Exhibit A” for entitled "Development Agreement No. 21-003 between Citrus and Slover , LLC, a California limited liability company and the City of Fontana a California municipal corporation.

Section 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development 61 Ordinance No. 1881

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Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.

Section 3. The City Council hereby incorporates by r eference the Recitals set forth herein and adopts those recitals as its own as though fully set forth in this Ordinance.

Pursuant to California Government Code section 65867.5(b), and based on the entire record before the City Council, including all writt en and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and densi ty allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code , and the Development Agreement.

Section 4. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed Development Agreement at the time and in the manner provided for in the DA.

Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in the Herald News, a newspaper of general circulation in the City of Fontana. Thereafter this Ordinance shall be in full force and effect.

APPROVED and ADOPTED this 25th day of January 25, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Tonia Lewis, 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 25th day of January, 2021, and was finally passed and adopted not less than five days thereafter on the 8th day of February, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

62 Ordinance No. 1881

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Mayor of the City of Fontana

ATTEST:

City Clerk

63 16498.40137\34469367.2

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EXHIBIT "A"

DEVELOPMENT AGREEMENT

64 16498.40137\34469367.2

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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Record for the Benefit of
the City of Fontana
Exempt from Fees Pursuant to Government
Code Section 6301

Space above this line for Recorder’s Use Only

DEVELOPMENT AGREEMENT

By and Between

THE CITY OF FONTANA

a California Municipal Corporation

and

Sage Citrus Fontana, LLC
(“Developer”)

San Bernardino County, California

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Development Agreement
by and between the
City of Fontana and Developer
Relative to
Citrus Crossroads.

THIS DEVELOPMENT AGREEMENT is made and entered into this _____ day of __________, 2021, by and between the CITY OF FONTANA a California municipal corporation (“City”), and Sage Citr us Fontana, LLC, a California limited liability company (“Developer”), pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (Section 65864, et seq. of the California Government Code) (“Development Agreement Law”) relating to Development Agreements.

R E C I T A L S

In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the Development Agreement Law (Section 65864, et seq. of the Government Code).

The Development Agreement Law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties.

Such agreements, as authorized by the Development Agreement Law, can assure property developers they may proceed with projects assured that approvals granted by public agencies will not change during the period of development of their projects. Cities and coun ties are equally assured that costly infrastructure such as roads, sewers, schools, fire protection facilities, etc. will be available at the time development projects come online.

This Development Agreement relates to a Zoning and Development Code Amendme nt, Conditional Use Permits, and Tentative Parcel Map for the Citrus Crossroads commercial retail center, filed on March 24, 2021. The parties have, in good faith, negotiated the terms hereinafter set forth which carry out the legislative purpose set forth above and will assure the parties to this Agreement of mutually desirable development of the Subject Property.

The means of attaining the aforementioned objectives and the public benefit to be received as a result of development of the Project (defined below) through this Agreement shall provide for the following:

Project includes construction and operation of the Citrus Crossroads commercial retail center, a new local -serving shopping center consisting of an anchor building and various outlying building pads.
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Developer owns in fee, that certain real property located in the City of Fontana located at the northwest corner of Citrus Avenue and S Highland Avenue intersection (north side of South Highland Avenue, south of SR -210, west of Citrus Avenue, and east of Oleander Avenue), tax assessor parcel numbers 0240-011-03, -05, -06, -35, -38, -41, -42, and -44 (the “Subject Property”), and desires to create thereon the Citrus Crossroads commercial retail center, consisting of an anchor building and various outlying building pads (the “Project”).

City, in response to Developer’s applications, after public hearings and extensive environmental analysis, has granted the following entitlements:

By Ordinance No. _____, effective __________, amended the Fontana Zoning and Development Code for the Subject Property —specifically, figure and text amendments. The figure amendment is needed to change the planning area designation of the project site from Planning Area 1 to Planning Area 3 to allow for the mix of commercial retail uses associated with the Project.

Specifically, this requires an amendment to Figure 1 (Fontana Auto Center Overlay District Planning Area Boundaries Map) of the Fontana Zoning and Development Code. Figure 1 would be amended to extend the boundary of Planning Area 3 to encompass the project site. Zoning text Amendments are also required to implement the Project, including amendments to the building and parking setback requirements and the pylon sign provisions.

By Resolution No. _____, effective __________, approved a Conditional Use Permit for the following use/activity: an ABC establishment, as the anchor tenant would be selling alcoholic beverages for offsite consumption.

By Re solution No. _____, effective __________, approved a Conditional Use Permit for the following use/activity: two drive -through fast food restaurants.

By Resolution No. _____, effective __________, approved a Tentative Parcel Map (TPM No. 20370) to consolidate the eight parcels that make up the Subject Property (Assessor Parcel Numbers 0240 -011-03, -05, -06, -35, -38, -41, - 42, and -44) into three legal parcels to ensure common ownership and maintenance of all Project components.

By Ordinance No. _____, effective ____________, authorized the City to enter into this Development Agreement with Developer.

In support of the various entitlements described in paragraph 5 above, and in accord with the California Environmental Quality Act (CEQA) and State and City CEQA guidelines, City has certified as adequate and complete a final Mitigated Negative Declaration for the Zoning and Development Code Amendment, Conditional Use Permits, and Tentative Parcel Map and this Development Agreement.
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Development of the Subject Pro perty pursuant to the terms and conditions of this Agreement, Zoning and Development Code Amendment, Conditional Use Permits, and Tentative Parcel Map and the Mitigated Negative Declaration will provide for orderly growth and development consistent with the City’s General Plan and other development policies and programs of the City.

On _________, 2021, the City Planning Commission, designated by City as the Planning Agency for purposes of Development Agreement review pursuant to Government Code Section 65867, considered this Agreement and recommended its approval to the City Council. The Planning Commission specifically found that this Agreement:
(a) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
(b) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property is located; (c) Is in conformity with public convenience, general welfare and good land use practice;
(d) Will be beneficial to the health, safety and general welfare; and (e) Will not adversely affect the orderly development of property or the preservation of property values.

City and Developer have taken all actions mandated by and fulfilled all requirements set forth in Development Code Section 17.03.220.

Having duly considered this Agreement and having held duly noticed public hearings, City finds and declares that the provisions of this Development Agreement are consistent with the maps and text of the City’s General Plan.

NOW, THEREFORE, the parties hereto agree as follows:

General Provision

The Project. The Project includes construction and operation of the Citrus Crossroads commercial retail center, a new local-serving shopping center consisting of an anchor building and various outlying building pads. Total building square footage would be approximately 53,740 square feet. The anchor building would be single story and encompass approximately 40,100 square feet —it would be occupied by an anchor tenant in the grocery ma rket business. The outlying building pads feature two inline single -story building pads that accommodate approximately 6,040 square feet of building space to be occupied by 68 16498.40137\34469367.2

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smaller retail tenants; an approximately 3,000 square foot dental office; an approx imately 2,400 square foot drive thru restaurant; and an approximately 2,200 square foot drive thru coffee shop. Other project components include vehicular access and circulation improvements (both on- and offsite); surface parking areas and drive aisles; pedestrian access and circulation improvements; various landscape, hardscape, and lighting improvements; site and tenant signage; and infrastructure and utility improvements.

Subject Property. The approximately 6.2 -acre project site is situated along the no rth side of South Highland Avenue, south of State Route 210 (SR -210), west of Citrus Avenue, and east of Oleander Avenue. Regional access to the site is via SR -210 and local access is via South Highland and Citrus Avenues. The Subject Property is more lega lly described and depicted in Exhibit “A” , which is incorporated herein and made part of this Agreement.

Definitions. As used in the Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section.

Adopting Ordinance means Ordinance Number ______ entitled:
“___________________” dated _____________, and effective ___________, which approves this Development Agreement as required by Government Code Section 65867.5.

Assumption Agreement means an agreeme nt substantially conforming to the model assignment and assumption agreement attached as Exhibit “C,” or other agreement in a form reasonably approved by the City Attorney, executed by a Landowner with the City, expressly assuming various obligations relating to the development of the Project, or portion thereof.

Certificate of Occupancy means either a certificate issued after inspections by City authorizing a person or persons in possession of property to dwell or otherwise use a specific building or dwelling unit, including without limitation a temporary certificate of occupancy, or the final inspection if a formal certificate is not issued.

CEQA means the California Environmental Quality Act, Sections 21000, et seq., of the Public Resources Code of the State of California.

City Manager means the duly appointed City Manager for the City of Fontana.

Council means the duly elected legislative body governing the City of Fontana.

Developer means Sage Citrus Fontana, LLC, a California limited liability company, or its respective permitted successors in interest.

Development Impact Fees means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include the 69 16498.40137\34469367.2

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following fees specified in Government Code Section 66477, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing w ith Section 33000) of Division 24 of the Health and Safety Code): processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for development approvals or for monitoring compli ance with any development approvals granted or issued, including, without limitation, fees for zoning variances, zoning changes, use permits, building inspections, or building permits (“Processing Charges”); filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Cod e; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code; or fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement.

Director means the Planning Director for the City of City of Fontana.

Effective Date means the effective date of the Adopting Ordinance.

Existing Land Use Regulations mean the ordinances and resolutions adopted by the City Council of the City of Fontana in effect on the Effective Date, including the adopting ordinances and resolutions that go vern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to, the General Plan, and the Zoning Ordinance and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, impact or Development Impact Fees (but only to the extent the Zoning Ordinance and other such regulations are not inconsiste nt with this Development Agreement and the Specific Plan). Existing Land Use Regulation does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;

(b) taxes and assessments;

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(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property;

(e) the exercise of the power of eminent domain;

(f) the collection of Processing Charges.

Mitigated Negative Declaration (MND) means a detailed statement prepared under CEQA as defined in Section 15369.5 of the State Environmental Guidelines, and specifically the Mitigated Negative Declaration described in Recital 6 above.

General Plan means the General Plan of the City of Fontana, including the text and maps, as amended.

Landowner is a party who has acquired any portion of the Subject Property from the Developer who, unless otherwis e released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement.

Project means the anticipated development of the Subject Property as specified in paragraph 1.1 and as provided for in the provisions of this Agreeme nt, including all other incorporated exhibits.

Public Benefit Fee means the monetary exaction (not a tax or special assessment) on the Developer as established in Section 2.3.

Subject Property means the property described in Section 1.2 and in Exhibit “A” hereto, or the remaining portions thereof after releases from the provisions of this Agreement have been executed as authorized by this Agreement.

Exhibits. Exhibits to this Agreement are as follows:

Exhibit “A” Map of Subject Property and legal description Exhibit “B” Terms of Development
Exhibit “C” Assignment and Assumption Agreement
Exhibit “D” Development Code Chapter 17.25, adopted by Ordinance No. _____, dated __________, and effective on __________, as amended.

Incorporation of Recitals. Recitals 1 through 10 are incorporated herein, including all Exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 5, the provisions of Articles 1 through 5 shall prevail. 71 16498.40137\34469367.2

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Parties to Agreement. The parties to this Agreement are:

The City of Fontana. A California municipal corporation and charter city, exercising general governmental functions and power. The principal office of the City is located at 8353 Sierra Avenue, Fontana, California.

Sage Citrus Fontana, LLC. Developer is a private enterprise that owns in fee, or has an equitable interest in, the Subject Property.

Landowner. From time to time, as provided in this Agreement, Developer may sell or otherwise lawfully dispose o f a portion of the Subject Property to a Landowner who, unless otherwise released in accordance with the terms of this Agreement, shall be subject to the applicable provisions of this Agreement related to such retained portion of the Subject Property.

Project Is a Private Undertaking. It is agreed among the parties that the Project is a private development and that City has no interest therein except as authorized in the exercise of its governmental functions.

Term of Agreement. This Agreement shall commenc e upon the Effective Date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of ten (10) years thereafter (the “Initial Term”), unless extended or terminated as provided herein. The term of this Agreement may be extended for an additional five (5) years following expiration of the Initial Term (the “Extended Term” and with the Initial Term, the “Term”), provided the following have occurred:
(a) Developer provides at least 180 days notice to City prior to expiration of the Initial Term;
(b) Developer is not then in uncured default of this Agreement.

Following the expiration of the Initial Term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject, however, to post -termination obligations of City, Developer or Landowner.

No Vested Rights. During the Term of this Agreement, the development rights, obligations, terms, and conditions, including, without limitation, the Land Use Regulations or Development Impact Fees applicable to the Project, shall be those that may exist from time to time, and as may be amended and supplemented by the City from time to time. Except as otherwise provided herein, this Agreement shall provide no vested right to proceed.

Consistency with General Plan/Finding of Special Public Benefit. The City Council finds that the granting of entitlements for the Project and the execution and delivery and the terms and conditions of this Development Agreement are consistent with the text and maps of the General Plan. 72 16498.40137\34469367.2

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Assignment and Assumption. Developer shall have the right to sell, assign, or transfer this Agreement with all its rights, title and interests therein to any person, firm or corporation at any time during the Term of this Agreement. The conditions a nd covenants set forth in this Agreement and incorporated herein by exhibits shall run with the Subject Property and the benefits and burdens shall bind and inure to the benefit of the parties. Developer shall provide City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property at least thirty (30) days in advance of such action. Express written assumption by such purchaser, assignee or transferee, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred in accordance with this Agreement (which shall include, without limitation, a requirement that the assignor, assignee and City execute an assignment and assumption agreement in substantially the form set forth in Exhibit “C”), shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed.

Covenants Running with the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.

Amendment to Agreement (Developer and City). Unless otherwise prohibited in this Agreement, this Agreement may be amended by mutual consent of the parties or their applicable successors in interest to the subject property, in writing, in accordance with the provisions of Government Code Section 65868; provided, however, that any amendment that relates to the Term, permitted uses, density, intensity of use, height and size of proposed buildings, or provisions for reservation and dedication of land shall require a public hearing and Council approval before the parties may execute an amendment. Unless otherwise provided by law, all other amendments may be approved by the City Manager or by the Council, with or without a public hearing, all at the City Manager’s sole discretion.

Amendment to Agreement (Landowner and City). This Agreement may also be amended, subject to the provisions of Government Code Section 65868 and Section 1.14 above, between a Landowner who has acquired a portion of the Subject Property from Developer and City as to the portions of the Subject Property then owned by Landowner. Whether a public hearing and Council approval is required to approve any amendment under this Section 1.15 shall be governed by the same rule as set forth in Section 1.14.

Releases. Developer, and any subsequent Landowner, shall be released from further obligations relating to the sold, assigned, or transferred Subject Property (or any portion thereof), provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement pursuant to Section 1.12 contained hereinabove.

Notices.
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(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown by facsimile or email receipt after transmission by facsimile or email to the recipient named below. All notices shall be addressed as follows:

If to City:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Shannon Yauchzee, Interim City Manager
Phone: (909) 350-7654
Fax: (909) 350-6613
Email: [email protected]

With a copy to:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Planning Director
Email:[email protected]

If to Developer:

Sage Citrus Fontana, LLC
c/o Sage Investco
4340 Von Karman Ave, #110
Newport Beach, CA 92660
Attn: Ralph Deppisch
Phone: (949) 705-0426
Email: [email protected]

(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a 74 16498.40137\34469367.2

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different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

Attorneys Fees. If any action or proceeding is brought by any pa rty against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys’ fees and costs of experts.

Recordation of Agreement. The City Clerk of City shall, within ten (10) days after the execution of this Agreement, record this Agreement with the County Recorder, County of San Bernardino. If the parties to the Agreement or their successors in interest amend or cancel this Agreement as provided in Government Code Section 65868, or if the City terminates or modifies this Agreement as provided in Government Code Section 65865.1 for failure of the Developer or an applicable L andowner to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the County Recorder, in a form reasonably acceptable to the City Attorney.

Applicable Law. This Agreement shall b e construed and enforced in accordance with the laws of the State of California.

Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate a s of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of California which became effective after the effective date of the adopting ordinance, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement or any provision herein, the parties and any Landowner agree to cooperate with each other in good faith to d efend said lawsuit, each party and any Landowners to be liable for its own legal expenses and costs. Notwithstanding the foregoing, City may elect to tender the defense of any lawsuit filed by a third person or entity to Developer and/or Landowner(s) (to t he extent applicable thereto), and, in such event, Developer and/or such Landowner(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, attorneys’ fees and expenses of litigation awarded to the prevailing party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsuit on grounds, which include, but are not limited to, non -monetary relief, without the consent of the City. The City shall act in good faith, and shall not unreasonably withhold consent to settle.

Project Development

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Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land for public purposes, shall be the Land Use Regulations contained in the Development Code, as may be amended from time to time. In the event of any conflict between this Agreement and any other Land Use Regulations, the terms and provisions of this Agreement shall prevail. The parties hereto intend hereby that this Agreement, together with all other exhibits attached hereto, serve as the definitive and controlling document for all subsequent actions, discret ionary or ministerial, relating to the development of the Project.

Development Impact Fees. Except as provided otherwise in this Agreement, Development Impact Fees shall be paid in the amounts and at the times specified in Municipal Code Chapter 15.68, as amended or supplemented from time to time.

Public Benefit Fee . Within twelve (12) months of issuance of the first Certificate of Occupancy (as defined in section 1.2) for a building within the Project, Developer shall pay to the City a one-time public benefit fee equal to $7.00 per square foot of actual Developer -constructed square footage on the Subject Property.

Minor Modification. Minor modifications from the approved exhibits may be approved in accordance with the provisions of the Development Code Se ction 17.03.250 and shall not require an amendment to this Agreement.

Further Discretionary Actions. Developer acknowledges that the Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, implementation of conditions of approval associated with discretionary land use approvals and monitoring and implementation of environmental mitigation measures, and CEQA review of individual phases of the Project as it builds out. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of City and any of its officers or officials in complying with or applying Land Use Regulations.

Financing of Public Improvements. As a condition of development approval, the Developer shall connect the Project on the Subject Property to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project and that the Developer shall contract with the City for City- owned or operated utilities for this purpose.

Processing Charges. Processing Charges that are adopted or revised during the Term of this Agreement shall apply to the Project.

Public Works. If Developer is required by this Agreement to construct any improvements that will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. Except in extraordinary circumstances, as reasonably determined by the City Manager, Developer or the applicable Landowner shall not be entitled to impact or other fee credits or reimbursement for supplemental or excess 76 16498.40137\34469367.2

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capacity public improvements and that where such fee credits are granted to the Developer or the applicable Landowner. , there shall be no “cross -category” credit of fe es; credit shall only be applied to the category of fees in which the excess public improvements are classified.

School Financing. City and Developer acknowledge that the Fontana Unified School District has certain facilities needs related to serving the e xpected student population to be generated by new development.

To the extent legally permissible, the Developer shall provide full mitigation for school impacts caused by the Project. The Developer shall comply with any ordinance or other mechanism approved by the City and the Fontana Unified School District. Any building permit that is issued after the adoption of a school impact ordinance for other plans approved by the City of Fontana shall comply with such requirement.

Timing of Development. The parties acknowledge that the most efficient and economic development of the Subject Property depends upon numerous factors, such as market orientation and demand, interest rates, competition, and similar factors, and that generally it will be most economically be neficial to the ultimate purchasers to have the rate of development determined by Developer. Accordingly, the timing, sequencing, and phasing of the development is solely the responsibility of Developer. In particular, and without limitation thereof, the City acknowledges that it will not unreasonably withhold or delay approval of any entitlements for development of the Subject Property or the construction of public improvements required therefore that are consistent with the terms and conditions of this Agreement.

Dedication of Public Lands. Except as otherwise provided herein, upon 30 days written notice, the Developer and any applicable Landowner agree(s) to dedicate any and all necessary road rights -of-way without expense to the City.

Tentative Parcel Map. Developer shall take all necessary steps to obtain approval and record the Parcel Map for the Project (the “Tentative Parcel Map”) pursuant to Article IV of Chapter 26 of the Fontana Municipal Code within two (2) years of the Effective Date of this Agreement (the “Tentative Parcel Map Approval Deadline”). Notwithstanding anything to the contrary in this Agreement, failure by the Developer to obtain such approval and facilitate recordation of same by the Tentative Parcel Map Approval Deadline shall result in automatic termination of this Agreement. Furthermore, notwithstanding anything to the contrary in this Agreement or in the Fontana Municipal Code, the Tentative Parcel Map Approval Deadline shall not be extended by amendment of this Agreement or otherwise.

Construction of Anchor Tenant Building . Developer shall take all necessary steps to obtain approval of plans for the construction of an approximately 40,000 square foot anchor tenant building (the “Anchor Tenant Building”) within nine months of the Effective Date of this Agreement. Upon approval of construction plans and issuance of all required permits, Developer shall diligently pursue construction and completion of the Anchor Tenant Building. Failure by the Developer to substantially complete construction of the Anchor Tenant Building within 15 months of the Effective Date of this Agreement shall result in automatic termination of this Agreement. Notwithstanding anything to the contrary contained herein, by written request of the Developer, City may extend the completion date should delays occur to the development and construction schedule that City deems to be outside of the control of the Developer.
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Section 2.14 Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security arrangement with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction for completion, but shall otherwise be bound by all of the terms and conditions of this Agreement that pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclo sure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any impr ovements thereon, other than those uses and improvements provided for or authorized by this Agreement, and then subject to all of the terms and conditions of this Agreement.

Section 2.15 Obligation to Develop Property. Developer and any subsequent Landowner shall construct the Project, if at all, in accordance with the terms of the development set forth in Exhibit “B”, attached hereto and incorporated by reference herein.

Default
General Provisions. Subject to extensions of time by mutual written consent and the notice requirements in this Section, failure or delay by either party or Landowner not released from this Agreement to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner written notice specifying the nature of the alleged default, and such allegedly defaulting party shall have thirty (30) days to cure such default. During any such thirty (30) day period, the party or Landowner charged shall not be considered in default of this Agreement for purpose of termination or institution of legal proceedings.

After notice and expiration of the thirty (30) day period, if such default has not been cured or, in the event such default is not reasonably able to be cured in such thirty (30) day period, such cure is not being diligently pursued, the other party or Landowner to this Agreement may, at its option, institute leg al proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to California Government Code Section 65868 and any regulations of the City implementing said Government Code Section. Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code Sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.

Following consideration of the evidence presented in said review before the City and an additional 30-day period to cure, either party alleging the default by the other party or Landowner 78 16498.40137\34469367.2

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may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respect to such a portion of the Subject Property in which Landowner holds an interest.

Evidence of default may also ari se in the course of annual or special review of this Agreement pursuant to Government Code Section 65865.1 and in section 3.2 below. If either party or Landowner determines that a party or Landowner is in default following the completion of the normally sc heduled periodic review, said party or Landowner may give written notice of termination of this Agreement specifying in said notice the alleged nature of the default, and potential actions to cure said default where appropriate. If the alleged default is not cured in thirty (30) days or within such longer period specified in the notice, or the defaulting party or Landowner waives its right to cure such alleged default, this Agreement may be terminated by City as to the Developer or Landowner and the portion of the Subject Property in which the Developer or Landowner owns an interest.

Notwithstanding the foregoing or anything to the contrary in this Agreement, in the event City remains in default hereunder after expiration of the initial 30 -day notice and cu re period, Developer or Landowner, as applicable, shall have the right to immediately terminate this Agreement and/or institute legal proceedings.

Annual and Special Reviews.
(a) Annual Reviews. City shall, once every twelve (12) months during the Term o f this Agreement, review the extent of good faith substantial compliance by Developer and/or Landowner with the terms of this Agreement. The City may charge reasonable fees as necessary to cover the costs of conducting the review. Such periodic review sha ll be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1. Said review shall be diligently completed. A finding by City of good faith compliance by Developer and/or Landowner with the terms of the Agreement shall conclusively determine said issue up to and including the date of said review. (b) Special Reviews. The time for an annual review may be shortened or a special review called either by agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the Planning staff;
(2) Affirmative vote of at least four (4) members of the Planning Commission; or
(3) Affirmative vote of at least three (3) members of the City Council. (c) Review Procedure. The City Manager shall begin the review proceeding by giving notice that the City intends to undertake a periodic or special review of Developer and/or 79 16498.40137\34469367.2

17
Landowner’s good faith compliance with this Agreement to the Developer and/or Landowner. The City Manager shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission. Notice of any review shall include the statement that any review may result in amendment or termination of this Agreeme nt in the event the City determines, in its good faith discretion after such review, that Developer and/or Landowner is not in good faith compliance with this Agreement.
(d) intentionally deleted
(e) Notice and Opportunity to be Heard. The City shall provide, in accordance with the notice provisions in Section 1.17 hereof, Developer and Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least five (5) business days prior to any such revi ew. Developer and Landowner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council and, if the matter is referred to a City Planning Commission, also before said Commission.
(f) Planning Commission Hearing. The Planning Commission shall conduct a hearing at which the Developer and/or Landowner must demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon the Developer and Landowner.
(g) Planning Commission Findings. The Planning Commission shall determine upon the basis of substantial evidence and in its reasonable discretion whether or not the Developer and/or Landowner have, for the period under review, substantially complied in good faith with the terms and conditions of this Agreement.
(h) Procedure Upon Findings.
(1) If the Planning Commission finds and determines on the basis of substantial evidence and in its reasonable discretion that the Developer and Landowner have substantially complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded.
(2) If the Planning Commission finds and determines on the basis of substantial evidence and in its reasonable discretion that the Developer and Landowner have not substantially complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify o r terminate this Agreement.
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(3) The Developer or Landowner may appeal a determination pursuant to subparagraph (h)(2) to the City Council in accordance with the City’s rule for consideration of appeals in zoning matters.
(i) Proceedings Upon Modification o r Termination. If, upon a finding under subparagraph (h)(3) above, the City determines to proceed with modification or termination of this Agreement, the City shall give written notice to the Developer and/or Landowner of its intention so to do. The notice shall contain:
(1) The time and place of the hearing;
(2) A statement as to whether or not the City proposes to terminate or to modify this Development Agreement, and if modification is proposed, the proposed modifications; and
(3) Other information that the City reasonably considers necessary to inform the Developer and Landowner of the nature of the proceeding. (j) Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the Developer and/or Landow ner shall be given an opportunity to be heard. The Developer and/or Landowner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the Developer and/or Landowner. If the City Council finds, in its reasonable discretion based upon substantial evidence in the administrative record, that the Developer and/or Landowner has not substantially complied in good faith with the terms and conditions of this Agreement, the City Council may terminate or modify this Agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.

Default by Developer/Withholding of Building Permit. City may, at its discretion, refuse to issue a building permit for any structure within the geographical confines of the Subject Property as the same is defined at the time of said application, if Develo per or Landowner thereof has failed and refuses to complete any requirement enumerated therefor in substantial accordance with the terms of this Agreement.

No building permit shall be issued or building permit application accepted for the building shell of any structure on the Subject Property if the permit applicant owns or controls any property subject to this Agreement and such applicant or any entity or person controlling such applicant is in default of the terms and conditions of this Agreement as determined pursuant to Section 3.1.

Joint and Several Obligations. If at any time during the Term of this Agreement the Subject Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. 81 16498.40137\34469367.2

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Default by City. Notwithstanding anything to the contrary in this Agreement, in the event City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by this Agreement, or as otherwise agreed to by the parties, or the City otherwise defaults under the terms of this Agreement, City agrees that Developer or Landowner shall not be obligated to proceed with or complete the Project or any phase thereof, nor shall resulting delays in Developer performance constitute grounds for termination or cancellation of this Agreement.

Cumulative Remedies of Parties/Waiver of Right to Damages. In addition to any other r ights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement, provided however, that the City and Developer waive any and all rights hereunder to seek consequential or punitive damages as a result of any such breach or alleged breach.

Enforced Delay, Extension of Times of Performance. In addi tion to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, global pandemic, government shutdowns, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation enacted by the state or federal government or litigation. Any extension of time for such cause shall be notified in writing by the affected party to the other party and shall be for the period of the enforced delay or longer, as may be mutually agreed upon, but in no case shall the cumulative extensions add more than five years to the effective period of this Agreement.

Termination
Termination upon Completion of Development. This Agreement shall terminate upon the earlier of (i) expiration of the Initial Term or the Term if exte nded or (ii) when the Subject Property has been fully developed and all of the Developer’s obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall promptly record a notice of such termination in a form reasonably satisfactory to the City Attorney that this Agreement has been terminated.

Effects upon Termination on Developer Obligations. Termination of this Agreement, or the release of the Subject Property or any portion thereof from th is Agreement, shall not affect any of the Developer’s obligations to comply with the General Plan and the terms and conditions of any applicable zoning, or other land use entitlements approved with respect to the Subject Property, any other covenants of an y other development specified in this Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees, or taxes.

Effects upon Termination on City. Upon termination of this Agreement pursuant to Section 3.2 herein, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination 82 16498.40137\34469367.2

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(provided vesting of such entitlements, cond itions or fees may then be established for such property pursuant to the then existing planning and zoning law) and the City shall no longer be limited, by this Agreement, to make any changes or modifications to such entitlements, conditions or fees applic able to such property.

THIS SPACE INTENTIONALLY LEFT BLANK
83 16498.40137\34469367.2

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IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.

CITY OF FONTANA
a California municipal corporation
By:_____________________________
Shannon Yauchzee, Interim City Manager,
City of Fontana
ATTEST:
________________________________
Tonia Lewis, City Clerk

APPROVED AS TO FORM:
_________________________________
City Attorney
Sage Citrus Fontana, LLC
a California limited liability company
By:___________________________
Its:___________________________

84 16498.40137\34469367.2

Exhibit A

LIST OF EXHIBITS
Exhibit “A” Map of subject property and legal description Exhibit “B” Terms of Development
Exhibit “C” Assumption Agreement
Exhibit “D” Development Code Chapter 17.25, adopted by Ordinance No. ___, dated _____, 2022, and effective on _____, 2022, as amended.
85 16498.40137\34469367.2

Exhibit A
EXHIBIT “A”
Map of Subject Property and Legal Description

86 16498.40137\34469367.2

Exhibit B
EXHIBIT “B”

TERMS OF DEVELOPMENT OF THE PROPERTY LOCATED AT
____________________________, ASSESSOR’S PARCEL NUMBER ____-___-__

1. Any development of the Subject Property shall be the Citrus Crossroads commercial retail center, consisting of an anchor building and various outlying building pads.

2. Total building square footage is approximately 53,740 square feet. The anchor building is to be single story and encompass approximately 40,100 square feet, to be occupied by an anchor tenant in the grocery market business. The outlying building pads shall feature two inline single-story building pads that accommodate approximately 6,040 square feet of building space in total: one 3,000 square foot dental office, one 2,400 square foot drive thru restaurant and one 2,200 square foot drive thru coffee shop.

3. The project shall be developed in compliance with the Development Code (Chapter 30 of the City’s Municipal Code) of the City of Fontana.

4. The development standards, including but not limited to, building height, building setbacks, maximum lot coverage, minimum open space, and minimum parking requirements, shall be those contained in the entitlements that are detailed in Recital 5 of the Agreement and the Mitigated Negative Declaration.
87 16498.40137\34469367.2

Exhibit C
EXHIBIT “C”

ASSIGNMENT AND ASSUMPTION AGREEMENT

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

_____________________
_____________________
_____________________
Attn: ________________

Above Space for Recorder’s Use

ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement (“Agreement”) is entered into as of _____________, 200__ by and between ___________________________, a California _____________ (“Assignor”) and __________________, a ______________ (“Assignee”).

RECITALS
A. Assignor is the owner of that certain real property located in the City of Fontana, State of California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Property”).

B. Assignor and the City of Fontana (“City”) entered into that certain Development Agreement, dated as of __________, 202 1 (the “Development Agreement”) with respect to the Property.

C. In connection with its sale or other transfer of the Property to Assignee, Assignor desires to assign all of its rights and obligations with respect to the Property under the Development Agreement to Assignee and Assignee desires to accept such assignment and assume such obligations under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the above recitals and the terms and conditions herein set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor and Assignee agree as follows:

1. Assignment and Delegation. Concurrent with Assignor’s conveyance or transfer of the Property to the Assignee, Assignor h ereby assigns to Assignee all of Assignor’s right, title and interest under the Development Agreement with respect to the Property (the “Assigned 88 16498.40137\34469367.2

Exhibit C
Interests”) and delegates to Assignee all of Assignor’s duties and obligations under the Development Agreement with respect to the Property (the “Delegated Obligations”).

2. Acceptance and Assumption. Assignee hereby accepts Assignor’s assignment to Assignee of the Assigned Interests and assumes and shall perform the Delegated Obligations as if named as an original party to the Development Agreement and upon execution of the attached Consent and Release by City the Assignee shall be deemed a party to the Development Agreement and a “Landowner” as defined therein.

3. Assignor’s Warranties. Assignor warrants to Assignee that (a) the Development Agreement is in full force and effect and unmodified, (b) Assignor has full and lawful authority to assign its interest in the Development Agreement with respect to the Property in accordance with the terms of the Development Agreement, and (c) to Assignor’s actual knowledge, as of the date of this Agreement, there is no default by Assignor under the Development Agreement or any circumstances which by lapse of time or aft er notice would be a default by Assignor under the Development Agreement. These warranties shall survive the execution of this Agreement.

4. Joint and Several Liability . If the term “Assignee” refers to more than one corporation, partnership, trust, assoc iation, other entity or individual, their liability under this Agreement shall be joint and several and they assume the Delegated Obligations jointly and severally.

5. Entire Agreement. This Agreement embodies the entire agreement of Assignor and Assignee with respect to the subject matter of this Agreement, and it supersedes any prior agreements, whether written or oral, with respect to the subject matter of this Agreement.

6. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement.

7. Binding Effect . The terms and conditions of this Agreement will inure to the benefit of, and will be binding on, the successors, assigns, personal representatives, heirs, executors, devisees, administrators, trustees and legatees of Assignor and Assignee.

8. Exhibit. Exhibit A, Legal Description of Property, is attached hereto and incorporated herein as though fully set forth herein.

IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement as of the date first set forth above.

ASSIGNOR:

ASSIGNEE:
_______________________, a
_________________________

________________________

By:

Name:

By:

Its:
89 16498.40137\34469367.2

Exhibit C
Title:
90 16498.40137\34469367.2

CONSENT AND RELEASE
The City of Fontana (“City”) hereby consents to the foregoing Assignment and Assumption Agreement and hereby releases Assignor as provided below on the express condition that City’s consent shall not be deemed a consent to any subsequent assign ment, but rather any subsequent assignment shall require the consent of City (or approval of the assumption agreement to be signed by the proposed assignee if such assumption agreement is not substantially in the form of the above Assignment and Assumption Agreement) pursuant to and in accordance with the terms and conditions of the Development Agreement.

Subject to the foregoing condition, City hereby releases Assignor from all of the obligations of Developer and/or Landowner under the Development Agreemen t, including without limitation the Delegated Obligations.

THE CITY OF FONTANA

By:

Name:

Its:

91 Exhibit A
EXHIBIT “D”
DEVELOPMENT CODE CHAPTER 17.25
Adopted by Ordinance No. _____, dated __________
(Attached on following page(s))

92 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1166 Agenda Date: 2/8/2022
Agenda #: E. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No.1883
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1883, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 22-01 amending sections 13-27 and 13- 30 of the Fontana Municipal Code, amending the enforcement authority regarding the City’s environmental health code.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To improve public safety by emphasizing community-oriented policing and community involvement.

DISCUSSION:

Ordinance No. 1883 was introduced by a vote of 4-1 at the January 25, 2022, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 2/3/2022Page 1 of 1
powered by Legistar™
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ORDINANCE NO. 1883

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

CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT (MCA )
No. 22-01 TO AMEND SECTIONS 13 -27 AND 13-30 OF THE FONTANA

MUNICIPAL CODE, AMENDING THE ENFORCEMENT AUTHORITY
REGARDING THE CITY’S ENVIRONMENTAL HEALTH CODE
WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as l ong as these are consistent with Senate Bill (“SB 946”); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, according to its terms, SB 946 applies to both charter and general law cities; and
WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code, otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
WHEREAS, the City Council finds that this Ordinance is enacted to protect the public health, safety and welfare, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, the City Council finds that the changes to Sections 13 -27 and 13-30 of the Fontana Municipal Code are necessary to make clear the City’s authority to enforce its Environmental Health Code.

WHEREAS, On January 25, 2022, the City Council held a duly noticed public hearing on Municipal Code Amendment (MCA) No. 22-01.

WHEREAS, a notice of the public hearing was published in the local Fontana Herald newspaper on Friday, January 14, 2022 and posted at City; and

94 Ordinance No. 1883

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

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

Section 2. Section 13-27 of Article II, Chapter 13 of the Fontana Municipal Code is hereby amended to read as follows:
“Pursuant to Health and Safety Code §§ 480 et seq., 500 et seq., and 1155.5, title 17 of the state Administrative Code and other relevant state law, for th e protection of the
environmental public health, the issuance of permits and collection of fees, and providing penalties and remedies for the violation of such regulations, there is adopted by the city as its environmental health code that certain code kno wn as the Uniform Environmental Health Code, except as provided in section 13-28. The city designates both the City of Fontana, and any employee thereof, and the county department of environmental health services as the enforcement agency agencies for the purpose of this environmental health code and all state law pertaining to environmental health. Pursuant to Government Code § 50022.6, a copy of such code is on file in the office of the city clerk, and such code is hereby adopted and incorporated as if set out at length in this section.” Section 3. Section 13 -30 subsections (a) -(c) of Article II, Chapter 13 of the Fontana Municipal Code are hereby amended to read as follows:
“(a) It is unlawful for any person to deny access to, interfere with, prevent, re strict, obstruct or hinder the city or the department of environmental health services or their agents acting within the scope of their duty or agency. It shall be unlawful for any person to fail to identify oneself upon lawful request by either the city o r the department of environmental health services employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of the city or
department of environmental health services acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the county jail for not less than ten days, without the alternative of a fine.
(b) In addition to criminal prosecution, civil action and every other remedy or p enalty provided by law, public nuisances may be abated or enjoined in any action brought by either the city or department of environmental health services, or under 95 Ordinance No. 1883

Page 3 of 5 ends

circumstances immediately dangerous to public health or safety may be summarily abated by e nforcement officers of either the city or department of environmental health services as provided in this article or otherwise in the manner provided by law for the summary abatement of public nuisances.
(c) Except where punishable as a misdemeanor or felony
under state law or under this article, any person who violates any provision of the environmental health code adopted by this article shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine of not less than $25.00 but not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second conviction within one year, and a fine not exceeding $500.00 for the third conviction within one year; the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine of not less than $250.00 and not more than
$1,000.00 or by imprisonment in the county jail for a term not exceeding six months, or both; and such con victed person may, in the discretion of the court, be adjudged, in addition to the penalties provided in this section, to be liable to the city and/or the department of environmental health services for all necessary costs incurred in investigation, discovery, analysis, inspection and cleanup and other actual costs incurred by the city and/or the department of environmental health services or its agents pertaining to the violation.”
Section 4. Section 13-30 subsection (e) of Article II, Chapter 13 of the Fontana Municipal Code is hereby added to read as follows:
“(e) Unless otherwise stated in this Chapter, any violation of this Chapter may be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with Section 1-7 of the Fontana Municipal Code.”
Section 5 CEQA. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA , because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the Califo rnia Code of Regulations, Section 15061(b)(3), Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 96 Ordinance No. 1883

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Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 923 35. The custodian of these records is the City Clerk.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.

Section 9. Effective Date and 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 Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

APPROVED AND ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the 8th day of February, 2022 by the following vote:

READ AND APPROVED AS TO LEGAL FORM:

_________________________________________
City Attorney

97 Ordinance No. 1883

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I, Tonia Lewis, 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 25th day of Janua ry 2022, and was finally passed and adopted not less than five days thereafter on the 8th day of February, 2022, 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

98 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1161 Agenda Date: 2/8/2022
Agenda #: F. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Adoption of Ordinance No.1884
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1884, amending Section 2-39 of the Fontana Municipal Code, regarding the salary for Members of the City Council and Mayor.

COUNCIL GOALS:
· To create a team by together to provide stability and consistent policy direction. · To increase citizen involvement by developing future leaders.

DISCUSSION:

Ordinance No. 1884 was introduced by a vote of 3-2 at the January 25, 2022, Regular City Council Meeting.

FISCAL IMPACT:

The proposed ordinance, if implemented, would result in a net increase in salary expenses of $25,248 per year.

MOTION:

Approve staff’s recommendation.

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ORDINANCE NO. 1884

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA AMENDING SECTIONS 2-39 OF THE FO NTANA

MUNICIPAL CODE, REGARDING THE SALARY FOR MEMBERS OF

THE CITY COUNCIL AND MAYOR

WHEREAS, the City of Fontana, California is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, Article XI, section 7 of the California Constitution grants the City broad discretionary power to “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws”; and

WHEREAS, Section 36516 of the Government Code provides the method by which salaries for members of a city council of a city are established and increased; and

WHEREAS, Section 36516 (a)(4) of the Government Code provides that a city council of a city may, by ordinance, authorize an increase in salary to members of the city council, so long as such increase does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of salary; and

WHEREAS, the salary for the members of the City Council of the City pursuant to Ordinance No. 1786 adopted December 11, 2018, is currently set at $1,755.00 per month, with an additional $ 1,745 per month for the City’s directly elected Mayor in accordance with Government Code § 36516.1; and

WHEREAS, the salary for the members of the City Council was set in 2018; and

WHEREAS, the City Council wishes to enact a new ordinance superseding Ordinance No. 1786 and increasing the monthly salary of the members of the City Council and Mayor within the limitations of Government Code Section 36516(a)(4); and

WHEREAS, in order to encourage qualified persons to become members of the City Council and to assure that members of the City Council are compensated comparably to council members of oth er cities, it is in the best interests of the City to increase the salary of the members of the City Council; and

WHEREAS, a duly noticed public meeting was held at which tim e this ordinance was considered and at which time all persons wishing to be hear d were afforded an opportunity to do so; and

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

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

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

Section 2. Amendment. Section 2-39 of Article II of Chapter 2 of the Fontana Municipal Code is hereby amended in its entirety to read as follows:

“Sec. 2-39. - Salaries—Generally.

As allowed in Government Code § 36516, each member of the council shall receive as salary the sum of $ 2,106 per month and in addition to this sum the mayor shall receive an additional $2,094 per month in accordance with Government Code § 36516.1, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.”

Section 3. CEQA. The City Council determines that this code a mendment is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) sections 15060(c)(3) and 15061(b)(3). Pursuant to State CEQA Guidelines section 15 060(c)(3) and Section 3.01(f) of the City of Fontana 2018 Local Guidelines for Implementing the California Environmental Quality Act, the proposed regulations do not constitute a project under CEQA and have no potential to result in a direct or reasonably foreseeable indirect physical change in the environment. .

Section 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.

Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The people of the City of Fontana hereby declare that they would h ave adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall be effective thirty days following its adoption. The increased salary for the Mayor shall be provided immediately following the effective date of this Ordinance. The increased salaries for members of City Council 101
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shall be provided immediately following the seating of one or more members of City Council at the next municipal election following the effective date of this Ordinance.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Fontana, California, at a regular meeting of the City Council held on the 25th day of December 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Tonia Lewis, 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 introduced at a regular meeting of said City Council on January 28, 2022, and was finally pas sed and adopted not less than five days thereafter on February 8, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City

ATTEST:

City Clerk

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1133 Agenda Date: 2/8/2022
Agenda #: G. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Adopt a Resolution Approving a Notification of Intent to Comply with the SB 1383 Regulations, Pursuant to SB 619
RECOMMENDATION:

Adopt Resolution No. 2022- ___ of the City Council of the City of Fontana, adopting a Notification of Intent to Comply with the SB 1383 Regulations.

COUNCIL GOALS:
· To ensure the swift adoption of an enforceable SB 1383 mechanism. · To alert CalRecycle of the City’s intent to comply with the requirements of SB 1383 Regulations.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by enhancing existing waste reduction and recycling activities. · To preserve the local environment for generations to come and to create a healthy economic and environmental future by promoting programs that encourage reducing Green House gas emissions.

DISCUSSION:

The City is or expects to be facing continuing violations of the SB 1383 Regulations during the 2022 calendar year. Such continuing violations risk the imposition of significant administrative civil penalties under the SB 1383 Regulations.

By adopting a Resolution approving the attached Notification of Intent to Comply, the City will represent and certify that it will implement the proposed actions therein to remedy its violation(s) of the SB 1383 Regulations according to the proposed schedule as approved by CalRecycle and in accordance with SB 619 and the SB 1383 Regulations. In so doing, the City will agree to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the SB 1383 Regulations identified in the City’s Notification of Intent to Comply.

The attached Resolution, if adopted, will establish the City’sapproval of the attached Notification of Intent to Comply in a form agreeable to CalRecycle pursuant to SB 619.

Background:

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The California Department of Resources Recycling and Recovery (“CalRecycle”)adopted regulations to implement Senate Bill 1383 (Lara, Statutes of 2016) (“SB 1383 Regulations”)in order to achieve organic waste reduction goals established in Health and Safety Code Section 39730.6 through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. The SB 1383 Regulations took effect January 1, 2022, and jurisdictions that are determined to be out of compliance are potentially subject to administrative civil penalties of up to $10,000.00 per day.

SB 619 amended the Public Resources Code to create a mechanism called a Notification of Intent to Comply, through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the SB 1383 Regulations for the 2022 calendar year, as well as eligibility for a potential broader, longer-term regulatory compliance path through a corrective action plan, including suspended administrative civil penalties.

SB 619 provides that CalRecycle shall approve a Notification of Intent to Comply that is duly adopted the City by a formal written resolution that meets its requirements.

FISCAL IMPACT:

Adopting the attached Resolution approving the Notification of Intent to Comply will secure relief for the 2022 calendar year from the imposition of significant administrative civil penalties of up to $10,000.00 per day for the City’scontinuing violation(s) of the SB 1383 Regulations, which took into effect on January 1, 2022.

MOTION:

Approve staff recommendation
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RESOLUTION NO. 2022- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA, CALIFORNIA, ADOPTING A

NOTIFICATION OF INTENT TO COMPLY WITH THE SB
1383 REGULATIONS

WHEREAS, the California Department of Resources Recycling and Recovery (“CalRecycle”) adopted regulations to implement Senate Bill 1383 (Lara, Statutes of 2016) (“SB 1383 Regulations”), to achieve organic waste reduction goals established in Health and Safety Code Section 39730.6 through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic wa ste from the 2014 level by 2025; and

WHEREAS, the City of Fontana (“City”) is a local juri sdiction required to comply with the SB 1383 Regulations; and

WHEREAS, the City is or expects to be facing continuing violations of the SB 1383 Regulations during the 2022 calendar year; and

WHEREAS, Senate Bill 619 (Laird, Statutes of 2021) amended Public Resources Code Section 42652.5 , created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the SB 1383 Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and

WHEREAS, the City is a local jurisdiction authorized by SB 619 to submit a Notification of Intent to Comply for CalRecycle approval; and

WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of SB 619;

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

Section 1. The City Council hereby adopts the Notification of Intent to Comply attached as Exhibit “A” and authorizes and directs the Public Works Manager to submit the Notification of Intent to Comply to CalRecycle for approval.

Section 2. By submitting the Notification of Intent to Comply pursuant to SB 619, the City represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with SB 619 and the SB 1383 Regulations. 105

Section 3. The City agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the SB 1383 Regulations identified in its Notification of Intent to Comply.

APPROVED AND ADOPTED this 8th day of February, 2022.

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I, Tonia Lewis, City Clerk and Ex -Officio Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 8th day of February, 2022, by the following to-wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1136 Agenda Date: 2/8/2022
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Approve the Purchase and Installation of Software and Hardware for the Sanitary Sewer SCADA System
RECOMMENDATION:

1. Authorize the Public Works Department to standardize the Sanitary Sewer SCADA System components within the sanitary sewer sump stations.

COUNCIL GOALS:
· To operate in a businesslike manner by improving services through the effective use of technology.
· 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 is currently using Mission Monitoring to receive alerts of pump station failures or system failures. The City has upgraded several pump stations with Flygt® pumps and Xylem components to better serve the community. The City has two more pump stations due for reconstruction that will have the Flygt® equipment. Mission Monitoring no longer meets the needs of the organization as it lacks the functionality, systems integrations, and desired automation needed to effectively operate compatible with the new systems.

In efforts to standardize, the City is electing to move forward with Xylem system. The system will be used to facilitate all daily aspects of managing the sewer pumps at the pump stations, remotely, or in a centralize Supervisory Control and Data Acquisition (SCADA) center. Some of the key functionalities include:
· Monitors the pumps station to appropriately react before or during sewer pump breakdowns. · Automated some the pump station reports
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connectivity.
· Seamless integration with existing City systems
Staff is recommending that the City Council authorize the purchase and installation of the SCADA system using Xylem as the manufacturer for the sewer pump stations as a single source provider.

FISCAL IMPACT:

Funds for this were approved in the Fiscal Year 2021/2022 Operating Budget First Quarter report specifically in the Sewer Maintenance & Operations Fund 701 in the amount of $190,000.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1145 Agenda Date: 2/8/2022
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve an Agreement for the Acquisition of Real Property for the Sierra Avenue Widening Project RECOMMENDATION:

1. Approve and authorize the City Manager to execute an Agreement for Real Property Acquisition between the City of Fontana and Javier Negrete Hernandez for Assessor Parcel Number 0190-154- 17, located on the west side of Sierra Avenue south of Reed Street related to the Sierra Avenue Widening Project.

2. Approve and authorize the City Manager to execute any other documents necessary or appropriate to complete the proposed transaction.

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 improving the aesthetics of the community.
· To invest in the City's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

City of Fontana’sapproved Capital Improvement Program Budget includes the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project. The proposed improvements include widening Sierra Avenue to six-lanes with curb, gutter, sidewalks, raised landscaped median, decorative streetlights, and a new traffic signal at the Sierra Avenue and Reed Street intersection.

The construction of the project is expected to begin in Summer 2022.

The widening requires some right of way acquisitions from the properties along Sierra Avenue, including Javier Negrete Hernandez’s property which the owner and the City came to an agreement.

This property is located on the west side of Sierra Avenue south of Reed Street and is a multi-family residential property. The street widening will require the acquisition of right of way for roadway purposes, a temporary construction easement, and the demolition of existing structure and detached garage which fronts Sierra Avenue.

The following summarizes the highlights of the Agreement:

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· The City will obtain 2,432 square feet of permanent easement for roadway construction · The City will obtain 867 square feet of temporary construction easement for a three-month duration
· Full compensation will be $250,000 which is consistent with the appraised and negotiated value for road right of way, temporary construction easement, and value of the structures.

FISCAL IMPACT:

Funds for the acquisition of permanent roadway easements and temporary construction easements for the Sierra Avenue Widening Project are budgeted in Fiscal Year 2021/2022 in Measure I Arterial Fund 245 and the City's Circulation Mitigation Fund 630 in Project No. 3218, Sierra Avenue widening project from Foothill Boulevard to Baseline Avenue.

MOTION:

Approve staff recommendation.

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N01 inch = 800 feet1600800
SIERRA AVENUE WIDENING PROJECTFROM FOOTHILL BOULEVARD TO BASELINE AVENUETRACKING NO. SQ-23-DE-07:57(PROJECT NO. 3281)PROJECT LOCATION 118

City of Fontana Sierra Avenue Street Improvement Project ______/_____ ______/______ APN: 0190-154-17 Seller’s Initials Buyer’s Initials

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PROJECT: Sierra Avenue Street Improvement Project
APN: 0190-154-17
ADDRESS: 7966 Sierra Avenue, Fontana, CA 92336

AGREEMENT FOR ACQUISITION OF PROPERTY

AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR ACQUISITION OF PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into by and between JAVIER NEGRETE HERNANDEZ, AN UNMARRIED MAN (“ Seller”); and the CITY OF FONTANA , a Municipal corporation (“City” or “Buyer”) in furtherance of the City of Fontana Sierra Avenue Street Improvement Project (“Project”).

Instruments in the form of Grant Deed s (“Deeds”), true copies of which are attached hereto as Exhibit “1” and Exhibit “2” will be executed pursuant this Agreement and will be delivered to Escrow as set forth below.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. PURCHASE AND SALE; SETTLEMENT OF ALL CLAIMS. For valuable consideration, the sufficiency of which is hereby acknowledged, Seller agrees to convey the Easement for Roadway Purposes ( “Easement” or “Property” ) and the Temporary Construction Easement (“TCE”) to City via the Deeds and settle al l related claims, including but not limited to, compensation for the Property and compensation for all damages of every kind and nature suffered, or to be suffered, by reason of the acquisition of the Property for the Project.

2. CITY shall:

A. PAYMENT - Pay to the order of the Seller the sum of Two Hundred F ifty Thousand Dollars ($250,000) as consideration in full for CITY’s acquisition of the Easement s described in the herein referenced Grant Deeds and for entering into this Agreement. Said sum shall be paid at close of escrow.

B. RECORDATION OF INSTRUMENT - Accept the Deed herein referenced by causing to be issued a Certificate of Acceptance and cause the Deed and Certificate of Acceptance to be recorded in the office of the San Bernardino County Recorder at close of escrow.

C. MISCELLANEOUS COSTS - Pay all escrow recording and other fees and charges incurred in this transaction and, if title insurance is desired by CITY , the pr emium charged therefore.

3. The Seller shall:
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A. WARRANTIES, REPRESENTATIONS, AND COVENANTS - Seller hereby makes the following warranties, representations, and/or covenants to CITY , which shall survive the Close of Escrow:

Pending Claims. To the best of Seller’s knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion s thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

Encroachments. To the best of Seller’s knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any improvements located on the Easements encroach on other properties.

Title. Until Close of Escrow, Selle r shall not intentionally do anything which would impair Seller’s title to the Property.

Condition of Land. To the best of Seller’s knowledge , without inquiry, there are no substances, materials or conditions on or under the Property that qualify as a hazardous material or substance or otherwise violate any environmental law.

Ownership. Seller is the owner of and has the full right, power, and authority to sell, convey, and grant the Property and TCE to CITY as provided herein and to carry out Seller’s obligations hereunder. The party executing this Agreement on behalf of Seller represents and warrants that such person is duly and validly authorized to do so on behalf of Seller.

Governmental Compliance. To the best of Seller’s knowledge, Seller has not received any notice from any governmental agency or authority alleging that the area encompassing the Property and TCE is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation.

4. CITY and Seller agree:

A. ESCROW - To open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company (“Escrow Agent”). This Agreement constitutes the joint escrow instructions of CITY and Seller, and the Escrow Agent, to whom these instructions are delivered, is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time not to exceed forty-five (45) days.

Within fifteen (15) business days after the effective date of this agreement, Seller will deposit the Grant Deeds, executed and notarized in a recordable form by Seller, with the Escrow Agent , and CITY will, upon receipt of same, deposit the executed Certificate of Acceptance and the Purchase Price with the Escrow Agent . CITY and Seller agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction.

All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or 120

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national bank doing business in the State of California. All disbursements shall be made by check or electronic wire from such account.

Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be pro-rated between CITY and Seller, but Seller shall have the sole right after close of escrow, to apply to the County Tax Collector of San Bernardino County for any refund of such taxes which may be due Seller for the period after CITY's acquisition.

i) ESCROW AGENT DIRECTIVES - The Escrow Agent is authorized to, and shall:

a) Pay and charge CITY for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement.

b) Disburse funds to Seller and record the Grant Deeds when conditions of this escrow have been fulfilled by CITY and Seller.

c) Following recording of the Grant Deed, respond to any CITY request to provide CITY with a CLTA Standard Coverage Policy of Title Insurance in the amount of $ 250,000 issued by Commonwealth Land Title Insurance Company showing that title to the herein real property is vested in CITY , free and clear of all recorded and unrecorded liens, encumbrances, assessments, other property, leases, taxes, and exceptions to title, except (i) County and CITY taxes no t yet due and payable; and (ii) matters created by, through, or under CITY (collectively, the “ Permitted Exceptions ”). CITY shall pay the title policy premium.

ii) CLOSE OF ESCROW - The term "close of escrow," if and where written in this Agreement, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized. The close of escrow and CITY’s obligation to consummate the transaction contemplated by this Agreement is subject to and conditioned upon evidence of an irrevocable commitment of Commonwealth Land Title Insurance Company to issue its CLTA Standard Form Policy of Title Insurance in th e amount of the Purchase Price showing title to the Easements by Easement Deeds free and clear of all recorded and unrecorded liens, encumbrances, assessments, leases, taxes, and exceptions to title, except the Permitted Exceptions.

B. RIGHT OF ENTRY - Right of Entry for Construction Purposes (“Right of Entry”). Seller hereby grants permission to CITY and/or its employees, contractors, agents and assigns, to enter upon the Property for the purpose of constructing the Project and accomplishing all necessary incidents thereto ; provided, however, that prior to entering the Right of Entry Area, 121

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CITY shall provide notice to Seller of the date the City will commence its work, with such notice being received by Seller seventy-two (72) hours prior to commencement of work.

The right of entry permission granted herein is granted in consideration of the location and construction of such improvements and incidents thereto, which it is understood is required by Buyer, and shall continue in effect until the Close of Escrow.

Pursuant to this Paragraph 4B, CITY shall indemnify, defend and hold the Seller harmless from and against any damages, liabilities , judgments, claims, expenses, and penalties resulting from CITY’s use of this Right of Entry as well as its agents, contractors, and employees.

C. NO RELOCATION - Seller acknowledges and agrees that neither CITY’s acquisition of the Property nor the construction and use of the Project have caused or will cause Seller to be a “displaced person” as that term is used in California’s Relocation Assistance Act (Gov. Code §§ 7260 et seq.), California regulations (Title 25 of California’s Code of Re gulations), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4601 - 4655), federal regulations (49 C.F.R. Part 24). This paragraph shall survive the Close of Escrow.

D. SATISFACTION, WAIVER AND RELEASE – Seller, on behalf of itself and its agents, successors and assigns, agrees that p ayment of the Purchase Price amounts to a full and complete satisfaction of all of the compensation due and owing to Seller for the acquisition of the Property and the loss, damage, replacement and moving of any improvements located within the Property areas. Seller for itself and for its agents, successors and assigns, fully releases, acquits and discharges CITY and its officers, officials, council members, employees, attorneys, accountants, other professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them (collectively, the “ Released Parties”) from all claims that Seller and its agents, successors and assigns have or may have against the Released Parties arising out of or related to CITY ’s acquisition of the Property , including, without limitation, (i) compensation for loss of any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) compensation for loss of business goodwill, (iii) compensation for loss of income (past or future); (iv) compensation for damage to the remainder (i.e., severance damages) (v) economic or consequential damages, (vi) compensation for professional consultant fees and attorney’s fees and costs, (vii) pre-condemnation damages, (viii) any right to repurchase, leaseback from CITY, or receive any financial gain from, the sale of any portion of the Property; (ix) any right to enforce obligation(s) pl aced upon CITY pursuant to Code of Civil Procedure sections 1245.245 and 1263.615; (x) an y rights conferred upon Seller pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and (xi) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by Seller, its agents, successors and assigns by reason of CITY’s acquisition of the Property , provided that nothing herein shall release claims of Seller for any liability resulting from CITY ’s breach of any agreement, obligation, warranty, or covenant for which it is responsible under this Agreement. This waiver does not apply to any claims for damage or injury to any person or property arising from the construction of the Project due to the negligence or willful misconduct of CITY’s agents or contractors constructing the Project. This paragraph shall survive the Close of Escrow. 122

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Seller, on behalf of itself and its agents, successors and assigns, expressly waives all rights under Section 1542 of the Civil Code of the State of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Seller’s Initials: _________

E. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

F. SUBORDINATION OF DEED OF TRUST - Seller acknowledges that the Property is encumbered by one or more Deeds of Trust recorded against the Property as security for Seller’s promise to pay money loaned to Seller (the “Deed of Trust”). Seller understands that CITY seeks to subordinate the Deed of Trust to the Easeme nts to preserve the permanence of said Easements. Seller agrees and consents to subordination of the Deed of Trust and will cooperate with CITY in all reasonable respects in seeking subordination s and partial reconveyances, including but not limited to si gning documents related to said subordinations/partial reconveyances , which agreement and consent will survive the close of escrow.

G. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respe ct to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

H. EFFECTIVE DATE – The effective date of this A greement shall be the date this Agreement is signed by the last party to sign the Agreement.

I. SUCCESSORS AND ASSIGNS – This Agreement shall be binding upon and shall inure to the benefit of Seller and CITY and their respective successors and assigns.

J. COUNTERPARTS AND FACSIMILE SIGNATURES – This Agreement may be executed in counterparts and each fully-executed copy of the Agreement shall have the same binding force and effect as an original. Facs imile signatures shall have the same force and effect as original signatures.

K. TIME OF THE ESSENCE – Time is of the essence of each provision of this Agreement. 123

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L. SURVIVAL – Any warranties, representations, promises, covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to Close of Escrow shall survive Close of Escrow and shall be fully enforceable after Close of Escrow in accordance with their terms.

M. RESTORATION OF PROPE RTY - Buyer agrees that it will, at Buyer’s sole cost and expense, restore the Property area to a condition as near as practicable to the condition that existed immediately prior to Buyer’s possession or use of the Property for the Project, unless otherwise agreed by the parties.

N. COST TO BUYER - Following the Closing Date and during construction of the Project, Buyer agrees to pay the cost associated with demolition of the improvements, includi ng the residential structure and garage adjacent to Sierra Avenue and as depicted on Exhibit 3, attached hereto. Seller hereby grants permission to CITY and/or its employees, contractors, agents and assigns, to enter upon the Property for the purpose of d emolishing said improvements and accomplishing all necessary incidents thereto pursuant to the Right of Entry Agreement attached hereto as Exhibit 4.

[SIGNATURES ON THE FOLLOWING PAGE]

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No Obligation Other Than Those Set Forth Herein Will Be Recognized or Enforceable.

JAVIER NEGRETE HERNANDEZ, AN

UNMARRIED MAN

By: ________________________________

Name/Title: _________________________

Date: _______________________________

Date: _____________ CITY OF FONTANA
a Municipal Corporation

By: ________________________________
Shannon Yauchzee
Interim City Manager

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EXHIBIT 1
FOR EXHIBIT ONLY – DO NOT SIGN

Recorded at the request of
City of Fontana

When Recorded Mail to:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Department of Engineering

This document is recorded for the benefit of the City of Fontana and is therefore exempt from the payment of the recording fee pursuant to Government code Section 6103 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.

Space above this line for Recorder’s Use

EASEMENT DEED

Assessor’s Parcel Number: 0190-154-17

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Javier Negrete Hernandez, an Unmarried Man , (“GRANTOR”), does hereby grant to the CITY OF FONTANA , A MUNICIPAL CORPORATION (“GRANTEE”), its successors and assigns, an easement for street, highway and public utility purposes over, under, and upon the real property in the City of Fontana , County of San Bernardino, State of California described as follows:

FOR LEGAL DESCRIPTION AND PLAT MAP, SEE EXHIBITS “A” AND “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

Dated this __________ day of ___________, 20______.

Javier Negrete Hernandez, an Unmarried Man

By:

Javier Negrete Hernandez

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ACKNOWLEDGMENT

State of California )
) ss
County of ___________ )

On before me,______________________________________, (Name of Notary)
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 execu ted 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 Signature)

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.
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EXHIBIT 2
FOR EXHIBIT ONLY – DO NOT SIGN

Recorded at the request of
City of Fontana

When Recorded Mail to:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Department of Engineering

Space above this line for Recorder’s Use

TEMPORARY CONSTRUCTION EASEMENT DEED

Assessor’s Parcel Number: 0190-154-17
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Javier Negrete Hernandez, an Unmarried Man (“GRANTOR”), does grant to the CITY OF FONTANA, a Municipal Corporation (“GRANTEE”), its successors and assigns, an exclusive Temporary Construction Easement for street, highway and public utility purposes over, under, and upon the real property in the City of Fontana, County of San Bernardino, State of California described as follows:

More particularly described in Exhibit “A” and depicted in Exhibit “B”, attached hereto a nd made apart hereof, together with all necessary and convenient means of ingress and egress to and from said easement or strip or parcel of land, for the purpose of constructing streets, highways, and public utilities.

Temporary Construction Easement sh all be for a period not to exceed three (3) months, commencing upon Grantor’s receipt of written notice from GRANTEE.

At the expiration of the Temporary Construction Easement, GRANTEE shall restore such property to a condition as near as practicable to the condition that existed immediately prior to GRANTEE ’S operations.

Dated this __________ day of ___________, 20______.

Javier Negrete Hernandez, an Unmarried Man

By:
________________________________
Javier Negrete Hernandez

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ACKNOWLEDGMENT
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State of California )
) ss
County of ___________ )

On before me,______________________________________, (Name of Notary)
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 acknowledge d 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 Signature)

City of Fontana Sierra Avenue Street Improvement Project ______/_____ ______/______ APN: 0190-154-17 Seller’s Initials Buyer’s Initials

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EXHIBIT 3

DEMOLITION OF IMPROVEMENTS

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EXHIBIT 4

RIGHT OF ENTRY/LICENSE AGREEMENT

Right of Entry/License Agreement
For Demolition of Building Improvements

This Right of Entry/License Agreement For Demolition of Building Improvements (“Right of Entry”) is made and entered into by and between JAVIER NEGRETE HERNANDEZ, AN UNMARRIED MAN ("Owner") (Owner shall be referred to herein as “Licensor”) and the City of Fontana, a Municipal Corporation (“Licensee”).

1. By this agreement, Licensor gives to Licensee a temporary right of entry/license for the purpose of access over, upon, under and through the property located at 7966 Sierra Avenue, Fontana, CA 92366 and depicted on Exhibit 1 attached hereto (“Property”). Licensee, and its employees, agents, consultants, engineers, material suppliers, contractors and all other persons and entities performing any part of the “Work” (as that term is defined herein) (collectively, “Permitees”), may pursuant to this Right of Entry enter the Property solely for the purpose of conducting the Work associated with demolition of the building structures and accomplishing all necessary incidents related thereto.

2. All of the Work shall be done at Licensee's sole cost and expense and in compliance with all applicable federal, state and local laws, ordinances, rules and regulations.

Licensee, at its sole cost and expense, shall promptly restore the Property to the condition that it was in prior to any Work under this agreement. If Licensee fails to restore the Property within five business days of written request, Licensors, in addition to any other rights and remedies it may have, may restore the Property to the condition that existed prior to entry or work under this agreement, and Licensee shall promptly pay all reasonable expenses incurred in connection with the restoration.

3. Licensee assumes on behalf of itself and all persons and entities performing the Work the risk of, and Licensors shall have no liability for any, injury or damage to persons or property occurring during or as a result (in whole or in part) of the Work or any entry by Permitees onto the Property under this agreement; including, without limitation, liability based on Permittee’s active or passive negligence. To the fullest extent permitted by law, Licensee shall indemnify, defend and hold Licensors harmless from and against any and all alleged and actual loss, claims, damage, liability and expenses of any kind or nature whatsoever (including without limitation any based on Permittee’s active or passive negligence) resulting from the Work or any entry by Permittees onto the Property under this agreement, including without limitation any injury to or death of any person, and including without limitation any damage to the Property or personal property at the Property of Licensors or any tenant, licensee or invitee of Licensors, or injury or death to persons. This paragraph shall survive the termination of the agreement and the completion of any work under it. Notwithstanding the foregoing, Licensee’s assumption of risk and agreement to indemnify, defend and hold harmless does not extend to any damage Licensors may suffer or have suffered to the Property solely by reason of the presence or release of hazardous waste on the Property that is not caused by the Work, or by 136

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any entry by Licensee or any Permittees onto the Property under this Right of Entry, nor does it extend to any damage Licensors may suffer or have suffered to the Property as a consequence of the presence of hazardous waste on the Property, the existence or disturbance of which was not caused by the Work or any entry by Licensee or any Permittees onto the Property. The term “hazardous waste” shall include, but not be limited to, any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.

4. Licensee shall act reasonably to minimize any disruption or damage to Licensor’s business or other activities on the Property resulting from any entry or Work under this agreement.

5. This agreement is the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements between the parties with respect to its subject matter. No waiver or modification of this agreement shall be valid unless in writing and duly executed by or on behalf of the parties.

6. Each individual signing this agreement on behalf of an entity or others warrants that he or she has authority to do so and that the agreement will be valid and binding on the entity or other person for whom the individual has signed.

7. This Right of Entry may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, this _______________________ day of ______________ 2022.

LICENSOR:

By: _______________________________
Javier Negrete Hernandez

LICENSEE:

City of Fontana
a Municipal Corporation

By: _______________________________
Shannon Yauchzee
Interim City Manager

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EXHIBIT 1

PROPERTY

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CERTIFICATE OF ACCEPTANCE

GRANT DEED

This is to certify that the interest in the real property conveyed by the deed or grant deed from Javier Negrete Hernandez , an Unmarried Man, to the City of Fontana, California, a Municipal Corporation, is hereby accepted by the undersigned on behalf of 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.

By:_________________________________________
Ricardo Sandoval, P.E., P.L.S.

City Engineer, City of Fontana

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1178 Agenda Date: 2/8/2022
Agenda #: J. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Approval of a Contract Agreement with the County of San Bernardino to Accept Funds in the Amount of $645,000 for Improvements to Southridge Park and the Village of Heritage Pool Facility RECOMMENDATION:

2. Authorize the City Manager to execute the agreements on behalf of the city.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community. · To create a team by supporting the decisions of the majority once made.

DISCUSSION:

As a result of the American Rescue Plan Act, the San Bernardino County Board of Supervisors allocated $4 million to each of the five supervisorial districts to allow the county to contract with certain entities to provide certain services to county residents. The County of San Bernardino desires to fund $645,000 in enhancements to Southridge Park and the Village of Heritage pool facility.

At Southridge Park, $370,000 in funding from this contract will be used to include the purchase and installation of:
· One shade structure for the playground
· Four shade structures for the baseball field dugouts
· Two baseball backstops.

At the Village of Heritage pool facility, $275,000 in funding from this contract will be used to include the purchase and installation of:
· Replace the concrete pool deck
· Replace the perimeter fencing
The Second District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this contract, and shall be the final authority in all matters pertaining to the services/scope of work by City of Fontana Printed on 2/2/2022Page 1 of 2
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File #: 21-1178 Agenda Date: 2/8/2022
Agenda #: J. Category: Consent Calendar
this contract, and shall be the final authority in all matters pertaining to the services/scope of work by the contractor. The Board of Supervisors must approve all amendments to this contract.

Due to timing, the City Manager has signed and approved the agreements and asks that the City Council ratify them.

FISCAL IMPACT:

Revenues and expenditures will be increased in the CFD#1 Southridge Village Fund #401 in the amount of 370,000. Revenues and expenditures will be increased in the LMD#2 Village of Heritage Fund #396 in the amount of $275,000. Appropriate budget change forms will be submitted to the Budget Office.

MOTION:

Approve staff recommendation.

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Standard Contract Page 1 of 25

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Stephenie Shea
Telephone Number 387-4919

Contractor City of Fontana
Contractor Representative Shannon Yauchzee, Interim City Manager
Telephone Number 909-350-7654
Contract Term 2/8/22-12/31/22
Original Contract Amount Not-to-Exceed $275,000
Amendment Amount
Total Contract Amount Not-to-Exceed $275,000
Cost Center 1022001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,

WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and

WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, San Bernardino County (County) desires to replace the concrete pool deck and perimeter fencing at the Village of Heritage pool facility; and
Contract Number

SAP Number

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WHEREAS, the County would like the City of Fontana (Contractor) to provide these services; and WHEREAS, the County finds Contractor qualified to replace the concrete pool deck and perimeter fencing at the Village of Heritage pool facility; and
WHEREAS, providing funding to Contractor serves the public purpose of providing for the safety, health and social service needs of County residents; and
WHEREAS, the County residents of Fontana and the surrounding communities of the Second District will be served by the replacement of the concrete pool deck and perimeter fencing at the Village of Heritage pool facility; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in replacing the concrete pool deck and perimeter fencing at the Village of Heritage pool facility to meet the needs of the residents of Fontana and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to replace the concrete pool deck and perimeter fencing at the Village of Heritage pool facility located at 7350 W. Liberty Parkway in Fontana.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the City of Fontana’s Village of Heritage pool facility for the duration of this Contract.

Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor s hall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

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C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the Co unty; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees o r contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and saf ety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to re quire Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

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C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Internship Initiative
Contractor agrees to be contacted by the County to solicit its participation in an internship initiative known as GenerationGo! Career Pathways, involving the potential placement and hiring of interns by Contractor’s business. Contractor is encouraged, and agrees to make good faith efforts, to utilize the County’s program to aid the County’s Vision for a skilled workforce and jobs that create countywide prosperity , and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The County’s objective with its internship initiativ e is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce. When participating in the County’s internship initiative, the Contractor remains an independent contractor and shall not be cons trued as agents, officers, or employees of the County. More information about the County’s GenerationGo! Career Pathways Program can be located at http://wp.sbcounty.gov/workforce/career-pathways/.

C.13 County Representative
The Second District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.14 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor be comes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs inc urred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C. 15 Debarment and Suspension
Contractor certifies that neither it nor its principals o r subcontracts is presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

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C.16 Drug and Alcohol Free Workplace
In recognition of individual ri ghts to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.16.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.16.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol u se or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.17 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.18 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.19 Environmental Requirements
In accordance with County Policy 11 -08, the County prefers to acquire a nd use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the Cali fornia Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the pro vision of their service to the County, utilizing a County approved form.

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C.20 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.21 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.22 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.23 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.24 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications re quired by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County im mediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.25 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

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C.26 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.27 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.28 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.29 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV –Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.30 RESERVED.

C.31 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.32 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements . Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must a ccount for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.33 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power 148
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or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.34 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.35 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.36 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.37 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approve d subcontractors shall be subject to the provision s of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

37.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

37.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

37.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 38 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.39 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the 149
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services described herein. Upon such termination, paymen t will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Con tractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.40 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.41 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.42 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be cons trued to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.43 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the busin ess. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.44 Disclosure of Criminal and Civil Procedures
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The County reserves t he right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract . The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employ ees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.45 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contrac t shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.46 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.47 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract 151
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Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.48 Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Cod e Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design , site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to ex ecute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected 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 Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with t he County and are available to any interested party on request.

Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on February 8, 2022 and shall be completed by December 31, 2022 but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:

a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of C ounty and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $ 275,000, and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.
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F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition, however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, C ounty shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing disput e. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if ap plicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS -SAN BERNARDINO COUNTY -EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documen ted with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendere d or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8 -02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

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F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non -contributory with any insurance or self - insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall n ot be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the 154
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Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not compl y with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, suppl ement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

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If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or in dividuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000 ,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). Th e policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property d amage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
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I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the bal ance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by f acsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
Attn: Shannon Yauchzee

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY
City of Fontana
(Print or type name of corporation, company, contractor, etc.)

Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

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ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with sp ecified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Wo rk.

5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.

The payroll records enumerated herein shall be verified by a written declarat ion made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; 159
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iv. The Contractor shall file a certified copy of the payroll records with the ent ity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what r espects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided f or under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty -five dollars ($25.00) for each worker employ ed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one -half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96 . The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a ). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontractors must submit certified payroll records online to th e Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. 160
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(a) To qualify for registration under this section, a contractor shall do all of the fol lowing:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual ren ewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to su pport the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other th an a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or enga ged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of thi s paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of regis tration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifi es as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. 161
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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works p roject of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to th e requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voida ble solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in v iolation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor perf orms work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. 162
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(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works cont ractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contract or or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secr etary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or s ubcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited i n the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of sub division (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accorda nce with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentic e is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.

Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standar ds and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) wit hin 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on th e DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS -140 TO EACH of the apprenticeship pr ogram sponsors in the area of your public works project. For a listing of apprenticeship programs see 164
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http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.

This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS -142, make training fund contributions, or utilize apprentices:
i. When the Contractor h olds a sole proprietor license (“Owner -Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non -apprenticeable crafts. “Apprent iceable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exe mpting the Contractor from the 1 -to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three -month period in such area exceeds an average of fifteen percent (15%); or
ii. The number o f apprentices in training in such area exceeds a ratio of 1 -to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1 -to-5 ratio between apprentices and journeymen are granted to an organization which repr esents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.

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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Stephenie Shea
Telephone Number 387-4919

Contractor City of Fontana
Contractor Representative Shannon Yauchzee, Interim City Manager
Telephone Number 909-350-7654
Contract Term 2/8/22-12/31/22
Original Contract Amount Not-to-Exceed $370,000
Amendment Amount
Total Contract Amount Not-to-Exceed $370,000
Cost Center 1022001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,

WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, San Bernardino County (County) desires to provide enhancements to Southridge Park; and Contract Number

SAP Number

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WHEREAS, the County would like the City of Fontana (Contractor) to provide these services; and WHEREAS, the County finds Contractor qualified to provide enhancements to Southridge Park; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the safety, health and social service needs of County residents; and
WHEREAS, the County residents of Fontana and the surrounding communities of the Second District will be served by the enhancements to Southridge Park; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in providing enhancements to Southridge Park to meet the needs of the residents of Fontana and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to enhance Southridge Park, located at 14501 Live Oak Avenue in Fontana, to include purchase and installation of:
• One shade structure for the playground;
• Four shade structures for the baseball field dugouts; and • Two baseball backstops.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the City of Fontana’s Southridge Park for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personn el (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County ; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hir ing of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall not ify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all l aws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally u sed by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have th e right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

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C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

C.12 County Internship Initiative
Contractor agrees to be contacted by the County to solicit its participation in an internship initiative known as GenerationGo! Career Pathways, involving the potential placement and hiring of interns by Contractor’s business. Contractor is encouraged, an d agrees to make good faith efforts, to utilize the County’s program to aid the County’s Vision for a skilled workforce and jobs that create countywide prosperity , and its goal to Create, Maintain and Grow Jobs and Economic Value in the County. The County’s objective with its internship initiative is to focus on training, education, employment and support services to develop a more highly-educated and trained workforce. When participating in the County’s internship initiative, the Contractor remains an independent contractor and shall not be construed as agents, officers, or employees of the County. More information about the County’s GenerationGo! Career Pathways Program can be located at http://wp.sbcounty.gov/workforce/career-pathways/.

C.16.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.16.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County law s and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.19 Environmental Requirements
In accordance with County Policy 11 -08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
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Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or ma nager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.24 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

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C.30 RESERVED.

C.32 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain a cceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. F iscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.33 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power 173
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or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.34 Release of Information
No news releases, advertisements, public anno uncements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

For any subcontractor, Contractor shall:

37.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

37.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

37.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

C.39 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the 174
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services described herein. Upon such termination, paymen t will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.40 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.42 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contr actor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The informat ion also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.44 Disclosure of Criminal and Civil Procedures
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The County reserves the right to reques t the information described herein from the Contractor.

For purposes of this provision “key employees” inc ludes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.46 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. Th ese items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.47 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract 176
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Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

The County Chief Executive Officer may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $ 370,000, and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.
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F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition, however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS -SAN BERNARDINO COUNTY -EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronica lly, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non -contributory with any insurance or self - insurance programs carried or administered by the County.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insura nce shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the 179
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completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract doe s not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or des ignee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is au thorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to am end, supplement or endorse the existing coverage to do so.

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If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or in dividuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two millio n dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (o ver primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provisio n providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payme nt of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and t he balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, o r by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
Attn: Shannon Yauchzee

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (w hether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY
City of Fontana
(Print or type name of corporation, company, contractor, etc.)

Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

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ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

4. Ineligible Contractors:

The payroll records enumerated herein shall be verified by a written declarat ion made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; 184
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iv. The Contractor shall file a certified copy of the payroll records with the ent ity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what r espects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

7. Penalty for Excess Hours:

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. 185
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(a) To qualify for registration under this section, a contractor shall do all of the fol lowing:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual ren ewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to su pport the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other th an a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or enga ged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of thi s paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of regis tration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifi es as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. 186
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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works p roject of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to th e requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voida ble solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in v iolation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor perf orms work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. 187
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(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works cont ractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contract or or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secr etary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or s ubcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited i n the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of sub division (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) wit hin 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on th e DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS -140 TO EACH of the apprenticeship pr ogram sponsors in the area of your public works project. For a listing of apprenticeship programs see 189
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http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exe mpting the Contractor from the 1 -to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three -month period in such area exceeds an average of fifteen percent (15%); or
ii. The number o f apprentices in training in such area exceeds a ratio of 1 -to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1 -to-5 ratio between apprentices and journeymen are granted to an organization which repr esents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1168 Agenda Date: 2/8/2022
Agenda #: K. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Authorization to Engage Employee Groups Regarding Vaccine Incentive RECOMMENDATION:

Authorize City staff to engage with the various employee groups to create and implement a Vaccine Incentive Program.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· To practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City wants to do everything it can to keep its employees and citizens safe from COVID-19; one way of doing so is for employees to be vaccinated. To date, the vaccination rate of City employees is approximately seventy-eight percent (78%) as of August 2021. Other public entities have created incentive programs for employees to encourage them to be vaccinated; as such, the City Manager is recommending that the City do the same. For City employees, staff is considering the creation of a vaccine incentive program which would provide every employee who is already vaccinated, gets vaccinated, or establishes that they are exempt from being vaccinated for medical or religious reasons with 40 additional hours of leave that can be used or cashed out on or before December 31, 2022. The program would be created in conjunction with each employee group through the meet and confer process in accordance with the Meyers-Milias-Brown Act and would be implemented via side letter agreements with each employee group.

FISCAL IMPACT:

The estimated cost associated with the approval of this item at the stated vaccination rate is $742,000, up to $951,000 assuming a 100% vaccination rate, paid out of the American Rescue Plan Act of 2021 funds.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1157 Agenda Date: 2/8/2022
Agenda #: L. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Resolution of the Governing Body of the City of Fontana Authorizing Participation in the State Rental Assistance Program-2
RECOMMENDATION:

Adopt Resolution No. 2022-____ a Resolution of the City Council of the City of Fontana authorizing participation in the State Rental Assistance Program-2.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. · To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

On March 11, 2021, the American Rescue Plan Act of 2021 was signed into law establishing the federal Emergency Rental Assistance Program (ERA2), and authorized the direct allocation of funds to states, the District of Columbia, units of local government, and territories. The ERA2 funds are intended to assist low-income households that have experienced financial hardship due to the COVID-19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing instability.

California Assembly Bill No. 832 (AB 832) established the State of California’s program for administering its share of ERA2 funds (the “SRA2,”“StateRental Assistance Program - 2,”or “SRA2 Funds”) authorizing the Department of Housing and Community Development to administer the SRA2 Funds in accordance with state and federal law.

The City of Fontana received an allocation of ERA2 funds from the U.S. Department of the Treasury in the amount of $ 5,047,289.30. The State Department will administer the cities ERA2 and SRA2 share of funds in order to offer a unified and cohesive program statewide.

The original resolution was recognized on October 12, 2021, File #21-928. The California Department of Housing and Community Development has requested the City of Fontana to update Resolution No. 2021-102, Section #5, to authorize the City Manager, or his/her designee, to execute the State Rental Assistance Program - Round 2.

FISCAL IMPACT:

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File #: 21-1157 Agenda Date: 2/8/2022
Agenda #: L. Category: Consent Calendar
No fiscal impact.

MOTION:

Approve staff recommendation.

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DocuSign Envelope ID: 2B7FBE7D- EF13- 4A6C- 8A4F- 33F79E55DD9F RESOLUTION NO. 2021- 102

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF

FONTANA AUTHORIZING PARTICIPATION IN THE STATE RENTAL
ASSISTANCE PROGRAM — ROUND 2.

WHEREAS, On March 11, 2021, the American Rescue Plan Act of 2021 ( Pub. L.

No. 117- 2) (" ARPA") was signed into law. Section 3201 of Subtitle B of Title III of ARPA established the federal Emergency Rental Assistance Program (" ERA2"), and authorized the direct allocation of funds to states, the District of Columbia, units of local government, territories, and high -need grantees. The ERA2 funds are intended to assist low-income households that have experienced financial hardship during or due to the COVID- 19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing instability.

WHEREAS, California Assembly Bill No. 832 ( 2021- 2022 Reg. Sess.) (" AB 832") established the State of California' s program for administering its share of ERA2 funds the " State Rental Assistance Program — Round 2," " SRA2," or " SRA2 Funds"). AB 832 amended Sections 50897, 50897. 1, 50897. 2, 50897. 3, and 50897. 4 of, and added Sections 50897. 2. 1 and 50897. 3.1 to, the Health and Safety Code. Health and Safety Code section 50897. 1, subdivision ( a)( 1) authorizes the Department of Housing and Community Development ( the " Department") to administer the SRA2 Funds in accordance with state and federal law.

WHEREAS, Pursuant to Section 3201 of Subtitle B of Title III of ARPA, the U. S.

Department of the Treasury (" Treasury") will allocate ERA2 funds to Locality ( this allocation, and any and all additional tranches thereof, the Locality' s "ERA2 Allocation").

WHEREAS, Pursuant to Health and Safety Code section 50897. 2. 1, subdivision a)( 3), the Department will apportion a share of the SRA2 Funds to Locality ( this amount, and any and all additional tranches thereof, the Locality' s "Proportionate SRA2 Share").

WHEREAS, Locality intends and agrees that the Department will ( 1) receive and administer the Locality' s ERA2 Allocation for and on behalf of Locality; and ( 2) administer the Locality' s Proportionate SRA2 Share.

WHEREAS, The Department will administer the Locality' s ERA2 Allocation and Proportionate SRA2 Share pursuant to Health and Safety Code section 50897. 3. 1, subdivision ( b)( 3).

WHEREAS, Furthermore, in accordance with Section 3201( d)( 1)( C) of ARPA, the Department will use ERA2 funds to provide Locality with a grant, which Locality shall use to pay any costs it incurs, beginning on March 11, 2021, to support and benefit the State Rental Assistance Program — Round 2 ( such costs, the Locality' s " Supplemental Administrative Costs").

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Fontana City CouncilFebruary 8, 2022

Fontana City Council
February 8, 2022