Fontana City Council
April 12, 2022

An application fee of two thousand two hundred thirty dollars and no cents ($2,230.00) has been paid and the receipt of the fee is attached to this item. Fees paid in accordance to this license include an annual administration fee of one thousand two hundred dollars and no cents ($1,200.00) is imposed under Policy No. 31602 and Resolution No. 14-027. There are no annual use fees charged for this license as it is exempt under direction from SBCTA’s General Counsel due to the licensee being an incorporated city. The fees described herein will be due annually commencing on January 1, 2023, as the first year, 2022, is included in the application fee.

Financial Impact:

This item is consistent with the Fiscal Year 2021/2022 Budget.

Reviewed By:

Responsible Staff:

Ryan Aschenbrenner, Right of Way Manager
Approved
Executive Director Approval Requests
Date: March 31, 2022
Witnessed By:
187
188
189

ISSUE DATE
10/21/2021CERTIFICATE OF COVERAGE

PUBLIC RISK INNOVATION,

SOLUTIONS, AND MANAGEMENT

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT

AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A

CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDERC/O ALLIANT INSURANCE SERVICES, INC.

PO BOX 6450
NEWPORT BEACH, CA 92658-6450
PHONE (949) 756-0271 / FAX (619) 699-0901
Coverages

THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER

NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY

THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES.

CO

LTR TYPE OF COVERAGE MEMORANDUM/

POLICY NUMBER

COVERAGE

EFFECTIVE DATE

COVERAGE

EXPIRATION DATE LIABILITY LIMITS
Cancellation

AUTHORIZED REPRESENTATIVE
Public Risk Innovation, Solutions, and Management
Member:

Certificate Holde

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED
A - See attached schedule of insurers
B
C
D
AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT NUMBER 22-1002714 BETWEEN CITY OF FONTANA AND SAN BERNARDINO TRANSPORTATION AUTHORITY FOR WORKED PERFORMED AT CITRUS AVENUE, NORTH OF CERES AVENUE, MP 48.10

CITY OF FONTANA
ATTN: TERRI TRUITT
8353 SIERRA AVE.

FONTANA, CA 92335

SAN BERNARDINO TRANSPORTATION AUTHORITY
ATTN: TRANSIT AND RAIL PROGRAMS
1170 WEST 3RD ST, 2ND FL
SAN BERNARDINO, CA 92410
LICENSE #0C36861
07/01/2021 07/01/2022
WC-4325
CERTIFICATE NO.

Description of Operations/Locations/Vehicles/Special Items:

LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.

SAN BERNARDINO TRANSPORTATION AUTHORITY

THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA),ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND VOLUNTEERS PURSUANT TO ENDORSEMENT NUMBER U-2.

A
IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

EXCESS WORKERS’

COMPENSATION &
EMPLOYER’S LIABILITY

SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES

BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.

See attached
Schedule of
Insurers for policy
numbers
$1,000,000 Retention
EMPLOYERS' LIABILITY:

Difference between
$5,000,000 and
Membe
FONTC

CITY OF FONTANA
190

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT

EXCESS WORKERS' COMPENSATION PROGRAM

CITY OF FONTANA
Public Risk Innovation,
Solutions, and Management

PROVIDER MEMORANDUM /

POLICY NUMBER
LIMIT
PRISM PE 21 EWC-95
Liberty Insurance Corporation
Workers’ Compensation:
$50,000,000
(Difference between $50,000,000 and the
individual member’s retention)
Employers’ Liability:
(Difference between $5,000,000 and the
individual member’s retention)
each accident/each employee
for disease
$5,000,000 each accident/each employee
for disease
Statutory each accident/each employee
for disease excess of
$50,000,000
2021/2022 SCHEDULE OF INSURERS
EW7-64N-444785-011
191
EXCESS WORKERS’ COMPENSATION

WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following:

VIII. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows:

PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be borne by PRISM.

However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss.

It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity.

This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged.

Effective Date:

Issued to: ALL MEMBERS
Issue Date: June 25, 2021
Memorandum No.: PRISM 21 EWC-00
Authorized Representative
Public Risk Innovation, Solutions, and Management
ENDORSEMENT NO. U-2

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
192

ISSUE DATE
10/20/2021CERTIFICATE OF COVERAGE
Public Risk Innovation,
Solutions, and Management

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A

CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

C/O ALLIANT INSURANCE SERVICES, INC.

PO BOX 6450
NEWPORT BEACH, CA 92658-6450
PHONE (949) 756-0271 / FAX (619) 699-0901
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

AI
Coverages

THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE

FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO

LTR TYPE OF COVERAGE MEMORANDUM
NUMBER

COVERAGE

EFFECTIVE DATE

COVERAGE

EXPIRATION DATE LIABILITY LIMITS
Cancellation

AUTHORIZED REPRESENTATIVE
Public Risk Innovation, Solutions, and Management
Member
Certificate Holde

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED
A- Public Risk Innovation, Solutions, and Management
B
C
D
Description of Operations/Locations/Vehicles/Special Items:

AS RESPECTS AGREEMENT NUMBER 22-1002714 BETWEEN CITY OF FONTANA AND SAN BERNARDINO TRANSPORTATION AUTHORITY FOR WORKED PERFORMED AT CITRUS AVENUE, NORTH OF CERES AVENUE, MP 48.10

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA),ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND

VOLUNTEERS ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.

CITY OF FONTANA
ATTN: TERRI TRUITT
8353 SIERRA AVE.

FONTANA, CA 92335

SAN BERNARDINO TRANSPORTATION AUTHORITY
ATTN: TRANSIT AND RAIL PROGRAMS
1170 WEST 3RD STREET, 2ND FL
SAN BERNARDINIO, CA 92410
LICENSE #0C36861
CERTIFICATE NO.

GL1-17619
PAGE 1 OF 2
THIS INSURANCE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE PURSUANT TO ENDORSEMENT NUMBER U-9.

THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES) PURSUANT TO ENDORSEMENT NUMBER U-8.

SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.

A

SAN BERNARDINO TRANSPORTATION AUTHORITY
PRISM PE 21 EL-90Excess General Liability
Auto Liability
$7,000,00007/01/2021 07/01/2022
Limits inclusive of the
Member's Self-Insured
Retention of $1,000,000
$5,000,000
X
X

CITY OF FONTANA
FONTC
193
June 25, 2021
It is agreed that the “ , Covered Persons or Entities” section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated.

Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract.

ADDITIONAL COVERED PARTY
It is further agreed that nothing herein shall act to increase PRISM’s limit of liability.

This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.

Authorized Representative
ENDORSEMENT NO. U-1
GENERAL LIABILITY 1

ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
Covered Party
Memorandum No. PRISM 21 EL-00
AS RESPECTS:

NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE

PER ATTACHED CERTIFICATE OF COVERAGE
Issue Date:

Effective Date
PAGE 2 OF 2
ALL MEMBERSIssued to:

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
Public Risk Innovation, Solutions, and Management
194
June 25, 2021
Authorized Representative
ENDORSEMENT NO. U-8
GENERAL LIABILITY 1

AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION
Issued To: ALL MEMBERS
Memorandum No.

Issue Date:

Effective Date: PRISM 21 EL-00
It is understood and agreed that Condition 8. SUBROGATION, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following:

8. SUBROGATION
PRISM shall be subrogated to the extent of any payment hereunder to all the covered party's rights of recovery therefore; and the covered party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows:

Any interest (including the covered party's) having paid an amount in excess of the self- insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of actual payment. PRISM shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by PRISM, it shall bear the expenses thereof.

Notwithstanding the above, PRISM waives its rights of subrogation against any person or organization with whom the covered party has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs.

It is further agreed that nothing herein shall act to increase PRISM's limit of liability.

This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
Public Risk Innovation, Solutions, and Management
195
ENDORSEMENT NO. U-9
GENERAL LIABILITY 1

AMENDATORY ENDORSEMENT - PRIMARY/NON-CONTRIBUTORY
It is understood and agreed that Condition 7. OTHER COVERAGE of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following:

7. OTHER COVERAGE
If collectible insurance with an insurer, or collectible group coverage through another joint powers authority, interlocal cooperative agreement, self-insurance or other public entity group coverage is available to the covered party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be: (a) in excess of, and shall not contribute with, such insurance; and (b) shall contribute only with any excess group coverage available through another joint powers authority according to a pro-rata, time on the risk basis. However, this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded under this Memorandum provides less than 100 percent of the limit set forth in the Declarations.

However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement.

Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under this Memorandum and a memorandum of coverage issued in connection with the PRISM’s Medical Malpractice Program, this Memorandum shall afford primary coverage only where the gravamen of the claim or suit involves liability covered hereunder. EIA staff will preliminarily assess the gravamen of the claim or suit and refer it to the committee responsible for the coverage believed to be applicable under this paragraph.

Where that committee disputes PRISM’s assessment of the gravamen of the claim or suit and rejects primary coverage, PRISM will thereafter refer the claim or suit to the committee responsible for the other applicable coverage. If that committee also rejects the primary coverage responsibility, the Executive Committee will determine which of PRISM’s coverages is primary under this paragraph.

If the Member disputes the acceptance of primary coverage by a committee of PRISM's responsible for the coverage, the Member may appeal that decision to the Executive Committee. Appeal must be requested within 60 days of the coverage acceptance by PRISM.

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
196
Effective Dat
Issued to: ALL MEMBERS
Issue Date June 25, 2021
Memorandum No. PRISM 21 EL-00
Authorized Representative
If the Member is not satisfied with the outcome of the Executive Committee appeal or the determination by the Executive Committee as to which of PRISM's coverages is primary where no committee agreed to accept primary responsibility, the Member may invoke Section (d) and (e) of Article 31 of PRISM’s Joint Powers Agreement and proceed to arbitration and, if necessary, litigation. For purposes of this paragraph, the Member must request to invoke Article 31 dispute resolution process within 60 days of the Executive Committee’s determination as to which of PRISM’s coverages is primary.

Where a memorandum of coverage issued in connection with PRISM’s Medical Malpractice Program is determined to afford primary coverage pursuant to this section, the exhaustion of PRISM’s limit of liability under the Medical Malpractice Program will satisfy the covered party’s self-insured retention under this Memorandum.

Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum.

It is further agreed that nothing herein shall act to increase PRISM's limit of liability.

This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.

Public Risk Innovation, Solutions, and Management
197
198
199

STATE OF CALIFORNIA Gavin Newsom, Governor

PUBLIC UTILITIES COMMISSION
320 W. 4TH STREET, SUITE 500
LOS ANGELES, CA 90013

September 21, 2021
File Number: XREQ 2021090003
Citrus Avenue
City of Fontana, San Bernardino County
Jeffrey Kim
Engineering Manager
City of Fontana
8353 Sierra Ave
Fontana, CA 92335

SENT VIA E-MAIL

Re: General Order 88-B Request for Authority to Alter the Citrus Avenue At-Grade Highway-Rail Crossing Identified as CPUC Crossing No. 101SG-48.17 and DOT Crossing No. 026147A in the City of Fontana, San Bernardino County.

Dear Mr. Kim:

This refers to your email received by us on September 2, 2021, requesting authorization, pursuant to California Public Utilities Commission (Commission/CPUC) General Order (GO) 88-B, to alter the Citrus Avenue at-grade highway-rail crossing (crossing) of the Southern California Regional Rail Authority (SCRRA) San Gabriel Subdivision tracks in the City of Fontana (City), San Bernardino County. The crossing is identified as CPUC Crossing Number 101SG-48.17 and DOT Number 026147A.

The crossing is comprised of one track and a four-lane roadway, with two through lanes in each direction. The crossing is equipped with two curb-mounted and two median mounted Commission Standard 9 (Flashing Light Signal Assembly with Automatic Gate Arm) warning devices. Approximately 25 freight trains and 30 passenger trains operate through the crossing daily, with a maximum speed of 79 miles per hour. The average daily traffic at the crossing is approximately 28,077 vehicles.

The City proposes the following alterations as indicated in the request letter and/or shown in the attachments:

Install a traffic signal at the intersection of Citrus Avenue and Ceres Avenue.

Install queue-cutter signals at the crossing for southbound and northbound traffic, with queue detection loops in each direction.

Interconnect the proposed queue-cutter signals with the railroad warning devices, including advance preemption.

Install detectable warning strips on all sidewalk crossing approaches.

Install California Manual on Uniform Traffic Control Devices (CA MUTCD) compliant signage and pavement markings, including R8-8 DO NOT STOP ON TRACKS signs, R10-6 STOP HERE ON RED signs, W10-1 advance warning signs, limit pavement markings.

Rail Crossings and Engineering Branch (RCEB) investigated the request filed by the City and finds that it adequately addresses compliance and safety. As the City and SCRRA are in agreement as to the design and apportionments of the cost under the provisions of GO 88-B, the

200
Jeffery Kim
XREQ 2021090003
September 21, 2021

improvements as described in your request email and as summarized above are authorized. All parties shall comply with all applicable rules, including Commission GOs and the current version of the CA MUTCD, published by the California Department of Transportation. The City must complete all of the proposed alterations mentioned above for RCEB to consider this GO 88-B application closed.

SCRRA must ensure that Emergency Notification System signs are installed to comply with CFR Part 234.309.

Temporary traffic controls shall be provided in compliance with current version of the CA MUTCD.

Refer to CA MUTCD Section 6G.18 and Figure 6H-46 reg in the Vicinity of a Grade This project is categorically exempt from the requirements of the California Environment Quality Act of 1970, as amended [California Public Resources Code 21084].

At least 45 days prior to the date that the new or modified interconnection is placed in service, the City and/or SCRRA shall notify RCEB by sending a notification to [email protected].

This authorization shall expire if the above conditions are not complied with, or if the proposed project is not completed within three years of the date of this letter. Upon written request to RCEB, the time to complete the project may be extended. Any written request for a time extension must include concurrence letters by involved parties in support of the time extension. If an extension is requested, RCEB may reevaluate the crossing prior to granting an extension.

Within 30 days after completion of this project, the City shall notify RCEB that the authorized work is completed by submitting a completed Commission Standard Form G titled Report of Changes at Highway Grade Crossings and Separations. Form G requirements and forms can be obtained at the CPUC web site at http://www.cpuc.ca.gov/crossings/. This report may be submitted electronically to [email protected].

At the conclusion of the project, SCRRA should electronically submit an updated Federal Railroad Administration (FRA) inventory form (Form F6180.71) reflecting the changes. 49 CFR 234 Section 234.409 requires the railroads to submit periodic crossing inventory updates a minimum of once every three years. RCEB requests a concurrent copy of the updated inventory form be submitted to [email protected].

If you have any questions, please contact Sergio Licon at (213) 576-7085 or [email protected].

Sincerely,
Anton Garabetian, P.E.

Program Manager
Rail Crossings and Engineering Branch
Rail Safety Division
cc: (SENT VIA E-MAIL)
Elizabeth Lun, Southern California Regional Rail Authority 201
1 Month Day, Year
Debbie Brazill
Deputy City Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

SCRRA STARTUP PROJECT SUPPORT
The City of Fontana (“CITY”) desires to improve the existing intersection of Citrus Avenue and Ceres Avenue in the City of Fontana adjacent to Southern California Regional Rail Authority’s (“SCRRA”) at-grade crossing on the San Gabriel Subdivision at MP 48.170 (DOT# 026147A). The existing intersection will likely be adding a traffic signal which may require modifications and/or interconnections with the adjacent at- grade crossing. The proposed work will require initial coordination between the City and SCRRA to understand SCRRA’s involvement with the project. Any work that requires updates or changes to the at- grade crossing must meet SCRRA’s current standard for grade crossings standards. The design of the intersection at Citrus Avenue and Ceres Avenue, as well as subsequent SCRRA coordination and services to meet current SCRRA standards, is hereinafter called the “PROJECT”.

SCRRA understands that the CITY desires SCRRA review and validate the PROJECT budget and prepare a Design Services Agreement (“DSA”) for SCRRA to provide technical support for the PROJECT, therefore SCRRA is requesting a deposit in the amount of $12,500.00, which represents the SCRRA startup cost to allow SCRRA to open a Project Number for the project and to provide initial staff support until the DSA is fully executed.

SCRRA will require an additional deposit once the DSA is fully executed to initiate the PROJECT design services. The DSA provides for SCRRA staff and consultant(s) project support services throughout the design process, including railroad signal design, and the preparation of the required Construction and Maintenance Agreements.

These costs are only estimates and may vary, for which the CITY shall be responsible for reimbursements of all actual costs incurred to SCRRA.
a) SCRRA Project Budget Validation $2,500
b) SCRRA Preparation of Design Services Agreement $10,000 Total Startup Costs $12,500
DocuSign Envelope ID: 279E094F-D896-4331-8BEA-924AB11D63B8 202

2 Please acknowledge your acceptance of this SCRRA Startup Project Support letter and return one original signed copy for our records. Upon receipt of your acceptance SCRRA will prepare a deposit invoice in the amount of $12,500.00 payable by the City of Fontana.

Sincerely,
______________________________
Joseph McNeely, PE Date
Principle Engineer, Standards and Design
Acceptance Acknowledgement
_____________________________
Debbie Brazill Date
Deputy City Manager
City of Fontana
DocuSign Envelope ID: 279E094F-D896-4331-8BEA-924AB11D63B8 203
Envelope Id: 279E094FD89643318BEA924AB11D63B8 Status: Completed Subject: Letter of Agreement_SCRRA and City Citrus Avenue and Ceres Avenue Fontana Source Envelope:

Document Pages: 2 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 1 Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Status: Original
10/15/2019 2:20:26 PM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Ricardo Sandoval
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 10/15/2019 2:24:27 PM
Viewed: 10/15/2019 4:36:58 PM
Signed: 10/15/2019 4:37:30 PM
Accepted: 10/15/2019 4:36:58 PM
ID: 27b704b2-46b0-4745-878c-b5a1c66de17e
Debbie M. Brazill
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 10/15/2019 4:37:31 PM
Viewed: 10/15/2019 4:52:21 PM
Signed: 10/15/2019 4:53:52 PM
Not Offered via DocuSign
Jeffrey Kim
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/15/2019 4:53:53 PM
Not Offered via DocuSign
204
Envelope Sent Hashed/Encrypted 10/15/2019 4:53:53 PM
Certified Delivered Security Checked 10/15/2019 4:53:53 PM Signing Complete Security Checked 10/15/2019 4:53:53 PM Completed Security Checked 10/15/2019 4:53:53 PM
205
206
207
208
209
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1289 Agenda Date: 4/12/2022
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Approve an Agreement related to the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit
RECOMMENDATION:

Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement, entitled “CommonInterest, Joint Defense, and Confidentiality Agreement Among Permittees”and Authorize the City Manager to execute the agreement on behalf of the City of Fontana as a Co-permittee.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by working cooperatively with neighboring jurisdictions.
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents.

DISCUSSION:

The Municipal Separate Storm Sewer System (“MS4”)Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (“SBCFCD”), and the sixteen incorporated cities in the Santa Ana River Watershed portion of San Bernardino County. The permit is regulated under the Santa Ana Regional Water Quality Control Board District 8 (“RWQCB”). The current San Bernardino County MS4 Permit Order No. R8-2010-0036, NPDES Permit No.

CAS618036 (“Permit”)expired on January 29, 2015, and was administratively extended by the RWQCB until a new permit is issued.

The San Bernardino County Flood Control District is the Principal Permittee. In accordance with the 2011 Implementation Agreement, SBCFCD’sprimary responsibilities are to administer the overall NPDES/MS4 stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff, and prepare the consolidated required reports. San Bernardino County and the sixteen incorporated cities (“Co-Permittees”) are responsible to implement individual program elements within their respective jurisdictions and to fiscally support the County-wide program.

In anticipation of review and negotiations related to implementation of the proposed new permit, with the RWQCB, the San Bernardino County Flood Control District initiated the retention of legal representation for the Area-Wide Program (Myers Nave). The proposed MS4 Permit Common Interest, Joint Defense, and Confidentiality Agreement will allow Co-Permittees (including the City of City of Fontana Printed on 4/5/2022Page 1 of 2
powered by Legistar™
210
File #: 21-1289 Agenda Date: 4/12/2022
Agenda #: H. Category: Consent Calendar
Fontana) to establish a common interest group, maintain confidentiality among the parties during negotiations, and provide for joint legal defense of the final implementation agreement. In addition, the agreement will allow the city to fully participate and be privy to any and all attorney-client conversations.

The City Attorney has reviewed and approves as to form the proposed Common Interest, Joint Defense and Confidentiality Agreement.

FISCAL IMPACT:

No fiscal impact.

There is no new fiscal impact to The City. Costs incurred by the San Bernardino County Counsel under this agreement will be paid through the San Bernardino County Area-Wide Stormwater Program Budget (for which the City contributes its’pro-rata share), and the current and next fiscal year budgets contain allocations for this anticipated expenditure.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 4/5/2022Page 2 of 2
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1 COMMON INTEREST, JOINT DEFENSE, AND

CONFIDENTIALITY AGREEMENT AMONG PERMITTEES

This Common Interest, Joint Defense, and Confidentiality Agreement (“Agreement”) effective on January 1, 2022 is entered into by and among San Bernardino County (“County”), the San Bernardino County Flood Control District (“District”), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (“Cities”) (collectively the “Parties” or individually a “Party”).

RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Regio n.

B. The District, as Permittee, and the Cities, as Co -Permittees (jointly “Permittees”), are subject to a National Pollutant Discharge Elimination System (“NPDES”) Permit and Waste Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”).

C. The Santa Ana Regional Water Quality Control Board (“Regional Board”) issued the Permit on January 29, 2010 for a five -year term. The Permit designates the District as “Principal Permittee” under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees .

D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (“Program”) that included development of a Management Committee to coordinate compliance, including establishing budgets, to set forth the duties of the Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program . The Implementation Agreement, at tached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.

E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.

F. Though the Regional Board has not yet issued a renewal of the Permit, th e Permittees continue to implement and comply with the Permit.

G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (“Draft Permit”) in approximately January 2022.

H. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board , participating in the administrative hearing to adopt the Draft Permit as the final permit (“Final Permit”), seeking administrative or judi cial review of any terms in the Final Permit that warrant reconsideration , defending any adverse future claims or actions related to the Final Permit , and addressing any and all types of legal challenges to the Draft or Final Permit (jointly “Permit Proceedings”). Each of the 212

2 Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party ’s own separate interests, some of which may be unique. Such representation of separat e or unique interests is not inconsistent with the common interests of the Parties.

I. Nothing in this Agreement is meant or should be construed to affect a Party’s legal obligation to exercise its independent judgment as required by law concerning the Permit Proceedings.

J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.

K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.

L. The Parties and their respective legal counsel are referred to herein as “the Common Interest Group.”
M. The Parties intend for th is Agreement to allow for the inclusion of additional members of the Common Interest Group with the consent of all Parties.

N. The Parties intend for the scope of th is Agreement to include any later-filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.

TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:

1. Purpose. It is the purpose of this Agreement to memorialize the Parties’ intentions concerning the exchange of information during the Permit Proceedings , and to support a joint defense and/or common interest based upon the assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications (as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery reque sts, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney -client privilege, the attorney work product 213

3 doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.

2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.

3. Joint Defense Communications.
a. “Joint Defense Communication” means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to an y other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and Continental Oil Co. v. United States (9th Cir. 1964) 330 F.2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group. All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them. If a Party intends to disclose a Joint Defense 214

4 Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked “Confidential: Privileged Communication” or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as “Confidential: Privileged Communication” or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party (the “Disclosing Party”) may, without permission from the other Parties , use, for the Disclosing Party’ s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.

4. Permitted Use of Joint Defense Communications . All of the Parties acknowledge and agree that cooperation in the shared purpose s and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre -litigation or litigation involving cross-claims or claims for contribution or indemnity between or among any of the Parties if such claims arise from or relate to adverse claims.

5. Permitted Disclosures. In the event that any Party receives a third-party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (“CPRA”) request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: (a) notify the Parties 215

5 pursuant to the notice provision herein; and (b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.

6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.

7. Joint Consultants or Experts . The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.

8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.

9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any a dverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.

10. Withdrawal or Settlement . Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement .

Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by 216

6 reason of settlem ent or otherwise. Any voluntary withdrawal or settlement does not relieve any Party’s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.

11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: (a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then-current Parties; or (c) withdrawal from this Agreement by all of the Parties.

12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement’s termination, even if the interests of the Parties later become adverse, and regardless of whether the joint defense and/or common interest doctrines become inapplicable with respect to later communications between the Parties.

13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A or hand-delivered or sent by registered or certified mail, postage pre-paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand-delivered or sent by e-mail or overnight delivery shall be deemed delivered one (1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A , with a copy to i ts respective counsel of record .

Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e-mail or U.S. Mail within thirty (30) days of the change.

14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel’s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross-examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, be cause of such attorney’s participation in this Joint Defense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement , but only consistent with the provisions of t his Agreement. Each undersigned counsel to this Agreement represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions. 217

7 15. Entire Agreement. This Agreement sets forth the ent ire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.

16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then-current Parties. This Section does not apply to changes in a Party’s contact information.

17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach of this Agreement and that in addition to any other remedies available, performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined, or both.

18. No Admission of Liability or Responsibility . No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.

19. Additional Parties . Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e -mail from counsel for the Parties. The addition of a new Party is effected by completion of the “Additional Party Signature Page,” attached hereto, and delivery of the completed signature page to all other Parties.

20. No Relationships Created . Nothing in this Agreement shall be construed to (a) create an attorney -client relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership ; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests.

Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.

21. Reservation of Rights and Claims . Notwithstanding any provision of this Agreement, each Party reserves all c laims, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.

22. Attorney’s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.

23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.
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8 24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.

25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.

If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electroni c signature of this Agreement (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 Agreement upon request.

26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.

27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.

28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law; venue shall be San Bernardino County.

WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.

SAN BERNARDINO COUNTY AND

SAN BERNARDINO COUNTY FLOOD

CONTROL DISTRICT

____________________________________
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District

Date: ______________________

219

9 CITY OF BIG BEAR LAKE

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By:

Name:

Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________

220

10 CITY OF CHINO

By: ________________________________
Name:______________________________
Title:_______________________________
Date:

Approved as to Legal Form:

By: _________________________________
Name:_______________________________
Title:________________________________
Date:

Attest:

By: _____________________________
Name:

Title:____________________________
Date:____________________________

221

11 CITY OF CHINO HILLS

By:_________________________________
Name:

Title: _______________________________
Date: _______________________________

Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________

222

12 CITY OF COLTON

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: ________________________________
Name:______________________________
Title:

Date:_______________________________

223

13 CITY OF FONTANA

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________

224

14 CITY OF GRAND TERRACE

By: _________________________________
Name:

Title:________________________________
Date:________________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: __________________________________
Name:________________________________
Title:

Date:_________________________________

225

15 CITY OF HIGHLAND

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________

Approved as to Legal Form:

By: _________________________________
Name:_______________________________
Title:

Date:________________________________

226

16 CITY OF LOMA LINDA

By:_________________________________
Name:

Title: _______________________________
Date: _______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date:_____________________________
Approved as to Legal Form:

By: __________________________________
Name:________________________________
Title:

Date:_________________________________

227

17 CITY OF MONTCLAIR

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________

228

18 CITY OF ONTARIO

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________

Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________

229

19 CITY OF RANCHO CUCAMONGA

By: ________________________________
Name:______________________________
Title:

Date:_______________________________

Approved as to Legal Form:

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Attest:

By:_____________________________
Name:

Title: ___________________________
Date: ___________________________

230

20 CITY OF REDLANDS

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Attest:

By: _____________________________
Name:

Title:____________________________
Date:____________________________
Approved as to Legal Form:

By: ________________________________
Name:______________________________
Title:

Date:_______________________________

231

21 CITY OF RIALTO

By:_______________________________
Name:

Title: _____________________________
Date: _____________________________

Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________

Attest:

By: _____________________________
Name:

Title:____________________________
Date:____________________________

232

22 CITY OF SAN BERNARDINO

By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By:________________________________
Name:

Title: ______________________________
Date: ______________________________

Attest:

By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________

233

23 CITY OF UPLAND

By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By: ________________________________
Name:

Title:_______________________________
Date:_______________________________

Attest:

By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________

234

24 CITY OF YUCAIPA

By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________

Approved as to Legal Form:

By:________________________________
Name:

Title: ______________________________
Date: ______________________________

Attest:

By: ___________________________
Name:_________________________
Title:__________________________
Date:__________________________

235

25 ADDITIONAL PARTY SIGNATURE PAGE

WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as of the date indicated.

Date:______________________ By:____________________________________ Name:______________________________
Title:_______________________________
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APPENDIX A:

PARTY CONTACT INFORMATION

Name and Address of Party and Counsel

Telephone and Facsimile
San Bernardino County
Jonathan Dillon, [email protected]
Elias Severo, [email protected]
825 East Third Street
San Bernardino, CA 92415

San Bernardino County Flood Control District
Arlene B. Chun, [email protected]
Anthony Pham, [email protected]
Chris Bland, [email protected]
825 East Third Street
San Bernardino, CA 92415

Meyers, Nave
Gregory J. Newmark, [email protected]
Viviana L. Heger, [email protected]
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017

San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4 th Floor
San Bernardino, CA 92415

(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile

(909) 387-8109
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile

(213) 626-2906
(213) 626-0215 facsimile

(909) 387-5001
City of Big Bear Lake
Lynn Merrill, [email protected]
P.O. Box 10000
Big Bear Lake, CA 92315

[insert City Attorney]

(951) 217-1201 (mobile)
[insert ] facsimile
237

2 Name and Address of Party and Counsel

Telephone and Facsimile
City of Chino
Ruben Valdez, [email protected]
Nathan Marlinski, [email protected]
13220 Central Ave.

Chino, CA 91710

[insert City Attorney]

(909) 334-3423
(909) 334-3345
(909) 334-3724 facsimile
City of Chino Hills
Nisha Wells, [email protected]
Andy Zummo, [email protected]
14000 City Center Drive
Chino Hills, CA 91709

[insert City Attorney]

(909) 364-2835
(909) 364-2792
[insert ] facsimile
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, [email protected]
160 S. 10th Street
Colton, CA 92324

[insert City Attorney]

(909) 370-5065
(909) 370-5065
(909) 370-6104 facsimile

238

3 City of Fontana
Abigail Gomez, [email protected]
Edwin Alonzo, [email protected]
8353 Sierra Ave.

Fontana, CA 92335

[Ruben Duran, City Attorney
Best Best & Krieger LLP
2855 Guasti Rd., Ste 400
Ontario, CA 91761]

(909) 350-6772
(909) 428-8819
(909) 350-6755 facsimile
City of Grand Terrace
Lynn Merrill, [email protected]
Robert Eisenbeisz, [email protected]
22795 Barton Road
Grand Terrace, CA 92314

[insert City Attorney]

(951) 217-1201 (mobile)
(909) 824-6621, ext. 251
[insert ] facsimile
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346

[insert City Attorney]

(909) 864-8732 x230
(909) 864-6861 x271
(909) 862-3180 facsimile
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354

[insert City Attorney]

(909) 799-4407
(909) 799-4407
(909) 799-2891 facsimile
239

4 240

5 City of Montclair
Steve Stanton, [email protected]
Samantha Conteras, [email protected]
P.O. Box 2308
Montclair, CA 91763

[insert City Attorney]

(909) 625-9444
(909) 625-9447
[insert ] facsimile
City of Ontario
Alicia Espinoza, [email protected]
Nathan Pino, [email protected]
Raymond Lee, [email protected]
303 East B Street
Ontario, CA 91764

[insert City Attorney]

(909) 395-2188
(909) 395-2389
(909) 395-2104
(909) 395-2122 facsimile
City of Rancho Cucamonga
Linda Ceballos, [email protected]
Scott Rapp, [email protected]
10500 Civic Center Drive
Rancho Cucamonga, CA 91730

[insert City Attorney]

(909) 774-4060
(909) 774-4064
(909) 477-2746 facsimile
City of Redlands
Aaron Ares, [email protected]
P.O. Box 3005
Redlands, CA 92373

[insert City Attorney]

(909) 798-7597 x5
(909) 798-7670 facsimile

241

6 City of Rialto
Melanie Sotelo, [email protected]
Joe Rosales, [email protected]

Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376

[insert City Attorney]

(909) 835-0313 (mobile)
(909) 241-6212 (mobile)
[insert ] facsimile
City of San Bernardino
Ken Watson, [email protected]
Susan Pan, [email protected]
290 North “D” Street
San Bernardino, CA 92410

[insert City Attorney]

(909) 384-5154
(909) 384-5225
(909) 384-5080 facsimile
City of Upland
Nicole deMoet, [email protected]
Julian Chang, [email protected]
P.O. Box 460
406 N. Euclid Ave.

Upland, CA 91785

[insert City Attorney]

(909) 291-2970
(909) 291-2941
(909) 291-2774 facsimile
City of Yucaipa
Katrina Kunkel, [email protected]
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.

Yucaipa, CA 92399

[insert City Attorney]

(909) 797-2489 x255
(909) 797-2489 x240
(909) 790-9203 facsimile

5050303.1
242
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1286 Agenda Date: 4/12/2022
Agenda #: I. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Authorization of the Recruitment and Retention Incentive Program RECOMMENDATION:

Authorize City staff to implement a Recruitment and Retention Incentive Program for full-time and part-time hires and employment and amend the American Rescue Plan Act (ARPA) Expenditure Plan.

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’s objective is to attract and retain highly qualified staff members to serve the Fontana residents and business community by offering attractive and competitive salaries for our full-time (FT) and part-time (PT) positions.

The City is experiencing a dramatic decrease of part-time (PT) staff due to the “GreatResignation”as job seekers are attracted to companies who provide higher pay and better benefits. We have experienced a 37.5% loss of our PT workforce from November 2019 to March 2022. Other public agencies have created incentive programs to attract applicants and retain current PT employees.

This program would provide PT employees a total of $800 each in an effort to encourage their retention. Our part-time employees play a critical role in our City supporting our community-based programming which includes games and activities for both youth and adults, senior programming, sports activities, arts and crafts, rentals, special events, etc.

For full-time positions, the pandemic-related impacts led to a shortage of successful applicants for positions key to operations to maintain services to our community. The City currently has over 50 full -time vacancies. This program would provide newly hired FT employees a total of $1,500 each in an effort to encourage their retention. Several of these positions are difficult to fill and will continue to be posted until filled.

Approval of this program would allow us to compete with our neighboring employers in hiring the top City of Fontana Printed on 4/5/2022Page 1 of 2
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Agenda #: I. Category: Consent Calendar
talent in the Inland Empire.

On March 8, 2022, the City Council approved the recommended ARPA Expenditure Plan in the amount of $50.3 million. Included in the plan was an allocation of $815,000 for the After-School Program under the Public Health & Economic Response Federal Eligible Use Category. Since the approval of the plan, City staff have determined that the After-School Program should be removed for the ARPA Expenditure plan due to the expansion of the After School Education and Safety (ASES) Program Services. The expansion of the ASES program will allow the City to increase access to program services at 33 transitional kindergarten through sixth grade sites therefore eliminating the need for the Community Center After-School Program. As a result, it is requested that the Council reappropriate the available funds for the Recruitment and Retention Incentive Program which is eligible under the Public Health & Economic Response Federal Eligible Use Category. Attached to this item is a revised ARPA Expenditure Plan.

FISCAL IMPACT:

There is no net fiscal impact associated with the approval of this item. This program will be funded with reappropriated ARPA funds in the amount of $815,000 and this adjustment will be included in the Third Quarter Budget Report.

MOTION:

Approve staff recommendation
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Project # Project Recommended Revised Total
30 Cypress Storm Drain Project 5,840,000 - 5,840,000 29 Administrative Costs 250,000 - 250,000 1 Helicopter Purchase 3,000,000 - 3,000,000 3 Pavement Rehabilitation 5,000,000 - 5,000,000 10 Homelessness Prevention Resources and Care Center 8,000,000 - 8,000,000 16 Sidewalk Rehabilitation 600,000 - 600,000 6 After-School Program 815,000 (815,000) - 2 Parking Structure 10,000,000 - 10,000,000 8 Employee Retention/Incentive 1,757,221 815,000 2,572,221 19 Data Security & Threat Detection 250,000 - 250,000 24 Septic to Sewer 2,000,000 - 2,000,000 12 Park Improvements 4,079,892 - 4,079,892 18 Ventilation Upgrade for City Facilities 2,500,000 - 2,500,000 22 Network Detection & Response Solution 75,000 - 75,000 23 Supervisory Control and Data Acquisition (SCADA) - Sewer 155,000 - 155,000 11 Metrolink Station Security Cameras 60,000 - 60,000 17 Small Business Loan/Grant Program 3,000,000 - 3,000,000 20 Endpoint Detection & Response Solution 75,000 - 75,000 25 Sewer and Storm Drain Infrastructure Masterplan 400,000 - 400,000 27 Update Master Infrastructure Plans 400,000 - 400,000 21 Fiber to City facilities 2,000,000 - 2,000,000 50,257,113 50,257,113 50,257,113
-
*Based upon Council's assignment of points at the 2/8/22 Workshop with 1 being the highest priority and 5 being the lowest.

CITY OF FONTANA

REVISED AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN 245
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1275 Agenda Date: 4/12/2022
Agenda #: J. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Authorization to Share Data with California Franchise Tax Board RECOMMENDATION:

Adopt Resolution No. 2022-______ of the City Council of the City of Fontana authorizing the City Manager to execute an agreement between the City of Fontana and the State of California Franchise Tax Board in the Local Government Sharing Program.

COUNCIL GOALS:
· To operate in a businesslike manner by improving services through the effective use of technology.

DISCUSSION:

The City Business Tax Program assists both cities and the State by finding revenue that may otherwise go undetected. Many cities have implemented this program and discovered uncollected revenue through the use of Franchise Tax Board (FTB) data.

Execution of this agreement will allow the FTB and the City of Fontana to exchange data at no cost to either party. This data exchange can aid in identifying businesses and self-employed individuals that have an unmet local or state filing requirement.

FISCAL IMPACT:

There is no cost to participate in this program, only a non-financial agreement to provide data. This action may potentially increase business license revenue.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

AUTHORIZING THE CITY MANAGER TO ENTER INTO A STANDARD

AGREEMENT BETWEEN THE STATE OF CALIFORNIA FRANCHISE
TAX BOARD AND THE CITY AUTHORIZING THE CITY’S

PARTICIPATION IN THE LOCAL GOVERNMENT SHARING PROGRAM
WHEREAS, the City of Fontana administers a Business Tax Program; and WHEREAS, the Franchise Tax Board through the Local Government Sharing Program will enhance the City of Fontana Business License Tax Program; and WHEREAS, the information from the Franchise Tax Board will permit the City of Fontana to identify potential un realized Business License Tax revenue from the businesses that are not in compliance with Chapter 15 of the Fontana Municipal Code.

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

That the City Manager is authorized to execute the necessary contract with the Franchise Tax Board Agreement #75200 to enable the City of Fontana to participate in the Local Government Sharing Program.

APPROVED AND ADOPTED this 12th day of April 2022.

READ AND APPROVED AS TO LEGAL FORM:

Resolution No. 2022-
-
_____________________________________
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 resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 22nd day of March, 2022 by the following vote to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

247

_____________________________________
City Clerk of the City of Fontana

_____________________________________
Mayor of the City of Fontana

ATTEST:

_____________________________________
City Clerk

248

249
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1281 Agenda Date: 4/12/2022
Agenda #: K. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award Bid and Contract for Household Hazardous Waste Management Services RECOMMENDATION:

Approve, award bid (SP-41-PW-22) and authorize the City Manager to enter into a two-year contract with Clean Harbors Environmental Services, Inc. for Household Hazardous Waste Management Services with three (3) one-year extensions at the sole discretion of the City.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented.

DISCUSSION:

The Public Works Department contracts for hazardous waste management services as part of the City's Permanent Household Hazardous Waste Collection Facility (PHHWCF). The scope of services provided by the contractor includes receiving, segregating, packaging, treating, profiling, manifesting, transporting and disposing of household hazardous waste received from residents at the City's PHHWCF. This contract will also provide for the proper recycling/disposal of used oil and filters collected through the City's Curbside Used Oil Collection program in addition to the hazardous waste collected through the Public Works Fleet operations program.

Staff recently solicited bids for household hazardous waste management services. One hundred seventy-five (175) vendors were notified of the bid. Bid packets were downloaded/received by nineteen (19) vendors and we received two (2) bid responses. Three (3) Fontana vendors were notified. No Fontana vendor responses were received. After evaluating the vendor responses, the City's Evaluation Committee is recommending Clean Harbors Environmental Services, Inc. for award of contract as they are the best value for the City. The Purchasing Office has reviewed this process and concurs with the recommendation.

FISCAL IMPACT:

Funds have been budgeted in the current Fiscal Year 2021/2022 Operating Budget specifically in the General Fund #101, ORG 10138302, and Fleet Fund #751, ORG 75138305. The total annual expenditures for this agreement are estimated at $243,000.

MOTION:

Approve staff recommendation.

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Firms Rank
Clean Harbors Environmental Services, Inc. 86%
Clean Earth 71%
Household Hazardous Waste Management Services
SP-41-PW-22
Ranking Sheet
251

8353 SIERRA AVENUE, FONTANA, CA 92335
www.fontanapurchasing.org

City of Fontana
Purchasing Office

February 3, 2022

TO: Armando Martinez, Public Works Manager
FROM: Ticha Loera, Purchasing Specialist

SUBJECT: RECAP OF BID SP-41-PW-22, HOUSEHOLD HAZARDOUS WASTE

MANAGEMENT SERVICES

The bid for the above-named project was opened electronically at 2:00 P.M. on December 9, 2021 . One seventy-five (175) vendors were notified of the bid. Bid packets were downloaded/received by nineteen (19) vendors and we received two (2) bid responses.

Three (3) Fontana vendors were notified. No Fontana vendor responses were received.

After evaluating the vendor response, the Evaluation Committee is recommending Clean Harbors Environmental Services, Inc. for award of contract as they are the best value for the City.

If you agree with the Evaluation Committee’s recommendation, please fo rward, at your earliest convenience, an Action Report to Fontana City Council for their concurrence with the recommendation.

If you have any questions, please contact me at x6696.

cc: Purchasing File

252
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1251 Agenda Date: 4/12/2022
Agenda #: L. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Award Contract (SP-49-DS-21) for the Local Early Action Planning (LEAP) Grant Administration RECOMMENDATION:

Award bid (SP-49-DS-21)and authorize the City Manager to enter into a contract with Kimley Horn in the amount of $469,375 to facilitate the administration of the LEAP Grant Program.

COUNCIL GOALS:
· To practice sound fiscal management by producing timely and accurate financial information. · To practice sound fiscal management by emphasizing capital formation. · To practice sound fiscal management by living within our means while investing in the future. · To practice sound fiscal management by fully funding liabilities and reserves. · To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.
· To concentrate on inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

The City of Fontana was awarded funding under the Local Early Action Planning (LEAP) Grant Program in the amount of $500,000. The program was established to assist jurisdictions to prioritize planning activities that accelerate housing production to meet identified needs within the community.

Examples of eligible activities are:

1. Rezoning and encouraging development by updating planning documents and zoning ordinances, community plans, and specific plans;

2. Completing environmental clearance to eliminate the need for project-specific review; and

3. Planning documents for a smaller geography (less than jurisdiction-wide) with a significant impact on housing production, including an overlay district, project level specific plan, or development standards modifications proposed for significant areas of a locality.

The administration of the LEAP grant funds will facilitate planning for the increase of housing density in the Walnut Village Specific Plan. Planning Department staff will amend the Specific Plan to include City of Fontana Printed on 4/7/2022Page 1 of 2
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File #: 21-1251 Agenda Date: 4/12/2022
Agenda #: L. Category: Consent Calendar
in the Walnut Village Specific Plan. Planning Department staff will amend the Specific Plan to include mixed-use strategies and upzoning in order to increase residential density. The consultant will work with Planning Department staff to engage the community, identify opportunities and constraints and analyze market and compatibility issues. These activities will be the basis for the revised land use standards and design guidelines that will be applicable to future development in the Walnut Village Specific Plan area.

In accordance with the City’spurchasing polices, staff has completed the formal bid process for this update and 230 firms were notified of the Request for Proposals (RFP). Proposal packets were downloaded by 23 companies and the City received three (3) responses. A staff selection committee evaluated the written proposals based upon criteria specified in the proposal packet. After evaluating the responses and interviewing the applicants, the evaluation committee recommends Kimley Horn for the award of the contract as they are the most experienced and qualified bidder. The Purchasing Office has reviewed this process and concurs with the recommendation.

FISCAL IMPACT:

The fiscal impact to the City of Fontana is $469,375 and the Grant fund payment will be reimbursed as tasks are accomplished and deliverables are produced. A contingency amount of $30,625 will remain. Funds are available in Grant Fund 301.

MOTION:

Approve staff recommendation.

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LEAP GRANT ADMINISTRATION
SP-49-DS-21

SCORING

Firm Total Score

Kimley-Horn and
Associates, Inc.
84%

DeNovo Planning Group 76%

Infrastructure Engineers 47%

255
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257
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261
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262
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1297 Agenda Date: 4/12/2022
Agenda #: M. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award Bid SB-56-PW-22 for the Walnut Village Iron Fencing Removal and Installation Project RECOMMENDATION:

Award bid and authorize the City Manager to execute a contract with J & A Engineering Corp. for the Walnut Village Iron Fencing and Installation Project in the amount of $449,526 with a 10% contingency in the amount of $44,952.

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.

DISCUSSION:

This project consists of the replacement of 3,234 linear feet of deteriorated wrought iron fencing, surrounding eleven (11) existing City owned stormwater detention basins in the Walnut Village Community. The scope of work includes the removal and replacement of the existing fencing and gates, along with the installation of new “No Trespassing” and “No Parking” signage. The contract scope is all inclusive and all work is to be performed by the contractor.

The bid for this project was opened electronically at 2:00 P.M. on February 25, 2022. One hundred eighty-three (183) vendors were notified of the bid. Bid packets were downloaded/received by thirty- seven (37) vendors and we received ten (10) responses. Nine (9) Fontana Vendors were notified of the bid. No Fontana vendor responses were received. After evaluating the bid responses, staff is recommending J & A Engineering Corp. for award of contract as they are the lowest, most responsive, and responsible bidder.

FISCAL IMPACT:

Funding for this project is included in the Fiscal Year 2021/2022 Operating budget in Fund 395 LMD # 1 ORG 39538275.

MOTION:

Approve staff recommendation.

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Walnut Village Iron Fence Replacement Project
Basin # and Linear footage: Provided measurements are for bidding purpose. Contractor is responsible to verify all measurements. All basins have an access gates (some are double gates, and some are single gate). Contractor is responsible to measure each access gate and bid each basin accordantly. Basin #4 not part of this bid.

Basin #1: Mango Ave North of Cambria Ave. 493 LF Basin #6: Walnut Ct, North of Acacia Ave. 84 LF Basin #11: Mango Ave. North of Baseline Ave. 268 LF Basin #2: Mango Ave. & Cambria Ave. (SEC) 373 LF Basin #7: Mango Ave. & Fern St. (SEC) 227 LF Basin #3: Mango Ave. & Cambria. (SWC) 223 LF Basin #8: Micallef St. & Newport Ave. (NEC) 276 LF North Basin #4: Los Cedros Ave & Jade Ct. 344 LF Basin #9: Mango Ave. North of Russo St. LF Basin #5: Mango Ave. & Walnut Ave. (SEC)196 LF Basin #10: Mango Ave. South of Russo St. 440LF 288
Vendor Bid Amount
J & A Engineering Corp. $449,526.00
AB Fence Company Inc. $547,031.10
Harris Steel Fence Co., Inc $553,014.00
Evans West, Inc. $562,418.34
Quality Fence Co., Inc. $565,950.00
Valley Cities Fence $587,977.24
Bellakai Construction $695,310.00
Red Hawk Services, Inc. $826,849.99
Sierra Pacific Fence Inc $968,253.59
Izurieta Fence Co, Inc. $974,016.01
City of Fontana
Bid Results
Walnut Village Iron Fencing Removal and
Installation Project (SB-56-PW-22)
289
290

8353 SIERRA AVENUE, FONTANA, CA 92335
www.fontanapurchasing.org

City of Fontana
Purchasing Office

March 2, 2022

TO: Dan West, Public Works Manager
FROM: Ticha Loera, Purchasing Specialist

SUBJECT: RECAP OF BID SB-56-PW-22, WALNUT VILLAGE IRON FENCING

REMOVAL AND INSTALLATION PROJECT

The bid for the above -named project was opened electronically at 2:00 P.M. on February 25, 2022. One hundred eighty -three (183) vendors were notified of the bid. Bid packets were downloaded/received by thirty-seven (37) vendors and we received ten (10) responses. Nine Fontana Vendors were notified of the bid. No Fontana vendor responses were received. After evaluating the bid responses, the Purchasing Office is recommending J & A Engineering Corp. for award of contract as they are the lowest, most responsive, and responsible bidder.

If you agree with the Purchasing Office’s recommendation, please forward, at your earliest convenience, an Act ion Report to Fontana City Council for their concurrence with the recommendation.

If you have any questions, please contact me at x6696.

cc: Purchasing File

291
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

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City of Fontana
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293
City of Fontana
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294
City of Fontana
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295
City of Fontana
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296
City of Fontana
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PlanetBids, Inc.
297
City of Fontana
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298
City of Fontana
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299
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
300
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
301
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
302
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
303
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
304
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
305
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
306
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
307
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
308
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
309
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
310
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
311
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
312
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
313
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
314
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
315
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
316
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
317
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
318
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
319
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
320
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
321
City of Fontana
Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22), bidding on 02/25/2022 2:00 PM (PDT)

Printed 03/22/2022
PlanetBids, Inc.
322
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1306 Agenda Date: 4/12/2022
Agenda #: N. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Declaring Surplus Land - Arrow Blvd. & Citrus Avenue Property RECOMMENDATION:

1. Approve Resolution No. 2022-____ declaring that two City-owned vacant lots on the SWC of Arrow Blvd. and Citrus Avenue (Assessor’s Parcel Numbers 0232-201-12 and 0232-201-13) are “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

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

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

DISCUSSION:

The City of Fontana owns two vacant lots (Assessor’sParcel Numbers 0232-201-12-0000 and 0232- 201-13-0000) on the southwest corner of Arrow Blvd. and Citrus Avenue encompassing approximately 4.65 acres. The lots were historically used for agricultural purposes, but are currently vacant, zoned as general commercial (FBC), and surrounded by retail, commercial, and multi-family land uses.

The properties are no longer necessary for the City’s use, and the City intends to complete the Surplus Land Act process. Assuming no interest from affordable housing developers or, if there is interest, failure to come to terms on some form of disposition and development after good-faith negotiations, the City intends to dispose of the properties for use as the new facility and offices for Water of Life Church and CityLink for their delivery of services to the Fontana community. The relocation of WOL/CityLink would allow the City to complete plans for the revitalization of Downtown City of Fontana Printed on 4/5/2022Page 1 of 2
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Fontana.

By approving the attached Resolution, the City would declare these properties as “surplus land,” under the Surplus Land Act and Government Code section 54221, and these parcels are no longer necessary for the City’s use.

In order for the City to dispose of these parcels, the City must first go through a public/stakeholder engagement process in accordance with state law and the Surplus Land Act. This process requires the City to transmit (mainly by email) a Notice of Availability - “NOA”(a form of which is attached to the Resolution) to designated entities under state law and allow for a 60-day period during which these entities, including potential affordable housing developers and public entities with jurisdiction over the parcels, may express their interest in negotiating on any of those parcels.

The Surplus Land Act requires this right of first refusal in an effort to mitigate the state’shousing supply crisis. The City is also required to engage in “good-faith”property negotiations for at least 90- days on price and terms with any party that submits a qualified notice of interest. The City also has reporting and compliance obligations to the Department of Housing and Community Development, who can impose penalties based on the ultimate sales price of the parcel, if the Surplus Land Act is not followed prior to disposition.

This action and resolution simply begins the surplus land disposition process and allows staff to adequately vet any interest by the public, affordable housing developers, and/or other entities designated under the Surplus Land Act.

Upon conclusion of the public engagement process, the City may market the property to the general public.

Approval of the attached resolution will allow the City to commence the Surplus Land Act process, by issuing the NOA to those entities statutorily entitled to receive it. The disposition of these properties will facilitate the relocation of WOL/CityLink, allowing the City to complete plans for the revitalization of Downtown Fontana.

FISCAL IMPACT:

N/A
MOTION:

Approve staff recommendation.

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16498.00100\34899203.2

ATTACHMENT NO. I
Resolution No. 2022-___
April 12, 2022

RESOLUTION NO. 2022-___

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

CALIFORNIA, DECLARING THAT TWO CITY OWNED VACANT LOTS
KNOWN AS ETIWANDA VINEYARDS TRACTS E AND W (ASSESSOR’S PARCEL NUMBER S 0232-201-12-0000 AND 0232 -201-13-0000) AS “SURPLU S LAND” PURSUANT TO THE SURPLUS LAND ACT, GOVERNMENT CODE SECTION 54220 ET SEQ. ; APPROVING FORM OF NOTICE OF
AVAILABILITY; AND AUTHORIZING THE CITY MANAGER AND HIS

DESIGNEE(S) TO TAKE ALL ACTIONS NECESSARY TO COMPLY WITH

THE SURPLUS LAND ACT

WHEREAS, The City of Fontana owns two vacant lots (Assessor’s Parcel Numbers 0232-201- 12-0000 and 0232 -201-13-0000) (“Vacant Lots”) that are no longer ne cessary for the City’s use and should be declared as surplus property suitable for disposition; and

WHEREAS, under the California Surplus Land Act (“SLA”), Government Code Section 54220-54233, surplus property is defined as land owned by any local agency that is no longer necessary for the agency’s use; and

WHEREAS, effective January 1, 2020, the SLA was amended to re quire all local agencies to formally declare agency -owned properties as “surplus land” prior to taking action to dispose of such properties and to issue a “Notice of Availability” (NOA) to certain entities statutorily entitled to notice; and

WHEREAS, the declaration of surplus land must be made by the local agency’s legislative body at a regular open meeting supported by written findings; and

WHEREAS, the City Council has made findings that the Vacant Lots are no longer necessary for the City’s use; and

WHEREAS, the City intends to follow the provisions of the SLA in the disposition of the Vacant Lots and prioritize affordable housing in the disposition of such land to the extent required by law; and

WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the Vacant Lots and is not an action that results in a binding commitment by the City to move forward with the disposition of the property.

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

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Resolution No. 2022-XX
April 12, 2022

SECTION 1. The City Council finds and declares that the City-owned Vacant Lots (Assessor’s Parcel Number s 0232-201-12-0000 and 0232 -201-13-0000) are surplus and no longer necessary for the City’s use, in accordance with the California Surpl us Land Act (Government Code Section 54220 et seq.). The City Council bases this declaration on the following findings:

• The City currently owns two adjacent lots located along the south of Arrow Boulevard between Tokay Avenue and Citrus Avenue
• The lots were historically used for agricultural purposes, but have been underutilized and often left vacant by their previous owners for the past several decades. The lots are currently vacant. • Since cessation of agricultural activity on the lots , the character, la nd uses, boundaries and businesses in the area have changed and/or evolved.
• Land uses in the area surrounding the lots have shifted to residential, commercial, and other non-agricultural uses, and the lots have been rezoned for commercial use. • Under-utilization, maintenance and operational cost as well as other liability issues makes it cost prohibitive to retain ownership of the lots as vacant land. • Retaining ownership of the lots also prevents them from being developed into their highest and best use.

SECTION 2. The City Council finds and determines, after independent review and consideration, that the action of declaration of surplus land does not result in a binding commitment by the City to authorize or advance the disposition of the Vacant Lots; will not result in a direct or indirect physical change in the environment; and does not constitute an approval of a project pursuant to CEQA Guidelines Sections 15004 and 15352.

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

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

PASSED, APPROVED AND ADOPTED this 12th day of April, 2022.

CITY OF FONTANA:

______________________________
Acquanetta Warren
Mayor

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16498.00100\34899203.2
Resolution No. 2022-XX
April 12, 2022

APPROVED AS TO FORM:
________________________________
Ruben Duran
City Attorney
ATTEST:
______________________________
City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Fontana at a regular meeting thereof held on April 12, 2022’ by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

City Clerk
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16498.00100\34892463.1

[City Letterhead]

Monday, April 18th

To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property

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

APN

ADDRESS

SIZE
(AC)

ZONING

GENERAL PLAN

DESIGNATION

CURRENT
USE

#023220113
#023220112

N/A

4.65 Acres

FBC

WMXU - 1

Vacant
Land

The City of Fontana recently purchased two vacant parcels of land (APN#023220112 & APN#023220113) from Rosemead Properties.

The City envisions a mixed-used development on the property, potentially including office space, classrooms, and a multi-purpose room for community- based programs. The $3,040,000 purchase price was supported by an MAI appraisal and environmental assessment completed on the property.

Located on the South-West corner of Arrow Blvd. and Citrus Avenue, the former Rosemead Properties land encompasses approximately 4.65 acres.

The property is currently zoned as general commercial (FBC) and is surrounded by retail, commercial and multi-family land uses. The two parcels of land are currently vacant and have never been developed or constructed on.

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16498.00100\34892463.1

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring any or all of the above properties.

However, this offer shall not obligate the City to sell the property to you.

Instead, if your notice of interest is compliant with the Act, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no notices of interest are received during the 60-day period or no agreement is reached on sales price and terms, or lease terms, with a submitter of a qualifying notice of interest, the City may market the property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in purchasing or leasing one or more the properties, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail.

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

City of Fontana
Matt Ballantyne
City Manager
8353 Sierra Avenue
Fontana, CA 92335

Please direct any/all questions regarding this Notice and/or Letters of Interest to David Edgar - at [email protected]
or by calling 909-772-1794.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1305 Agenda Date: 4/12/2022
Agenda #: O. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Purchase One (1) AS-350 B-2 Aircraft (Helicopter)
RECOMMENDATION:

1. Authorize the Police Department to utilize Article V. PURCHASING Sec. 10-152. - Exceptions from bid procedures of the Fontana City Code to acquisition a helicopter along with additional safety and support equipment to be assigned to the air support unit.

2. Authorized the Police Chief or his designee to negotiate the purchase for the best value for the city.

3. Approve appropriation and allocate the amount of $3,000,000 from Fund 302 as part of the “American Rescue Plan Act” (ARPA Funds) and authorize the City Manager or his designee to execute all related contract documents.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To improve public safety by increasing operational efficiency, visibility, and availability. · To improve public safety by maximizing fire and emergency medical service resources.

DISCUSSION:

The current Helicopter program operates with two Robinson R66 Turbine helicopters. There is a current opportunity to purchase an additional helicopter model AS350B2 (A-star). The helicopter is available at Shier Aviation Corporation in San Diego. Shier Aviation purchased the helicopter from a public safety agency and is currently outfitted with law enforcement equipment and could be delivered immediately.

If the city purchased the helicopter new, the purchase price is estimated to be at least $3.5 million and additional $850,000 to equip the helicopter. By allowing staff to directly negotiate with the vendor would realize additional savings to the city and months to acquire the helicopter. This would change the dynamic of the current Air Support Unit in quality and quantity of service hours to the Fontana residents and community stakeholders.

The current fleet (R66 helicopters) has a maximum air speed of 130 knots (149.6 mph). Level speed is 120 knots (138.1 mph). In windy conditions the speeds are 60-70 knots (69-80 mph). Wind conditions that require grounding are wind gusts of 15 knots (17.26 mph) or greater and steady winds City of Fontana Printed on 4/6/2022Page 1 of 2
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conditions that require grounding are wind gusts of 15 knots (17.26 mph) or greater and steady winds of 18 knots (20.71 mph). The strong and constant winds in Fontana attribute to approximately 30% of down time due to safety standards.

The A-star has a maximum air speed of 155 knots (178.37 mph). Level speed is 122 knots (140 mph). In windy conditions the speeds are nearly unaffected maintaining speeds of 100-122 knots (115-140 mph). The A-star has the capability of installing and deploying a “Bambi Bucket” (water bucket) for firefighting from the A-star. The Bambi Bucket has a capacity of 216 gallons weighing 2,100 pounds, ideal for the A-star.

Final numbers: The program will retain both R66 for service hour savings between the two R66’sand the AS350B2. This will allow for the program to always have readied aircraft while one or more crafts are in for maintenance. The loss of 30% hours due to inclement weather should be reduced to less than 5%.

The proposed budget is as follows:

One Time Money
Helicopter $1,750,000.00
Tax $135,625.00
12 Year $225,000.00
*5 Year Impound fees $625,000.00
Total one-time money $2,735,625.00
Cargo Hook Kit/ Bambi Bucket (firefighting gear)
Est. w/ taxes $100,000.00
$2,835,625.00 with Fire capability.

Staff is recommending this purchase be processed under Article V. PURCHASING Sec. 10-152. - Exceptions from bid procedures, no competitive market due to the nature of the purchase and there being no on-going available market for the purchase of used public safety helicopters.

The Fontana Police Department would like to proceed with the purchase and offer a Letter of Intent to the seller.

FISCAL IMPACT:

The cost associated with the approval of this item is $2.8 million and will be funded with American Rescue Plan Act (ARPA) funds (Fund 302).

MOTION:

Approve staff recommendations.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1311 Agenda Date: 4/12/2022
Agenda #: P. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Resolution Adopting the District Voter Map for the City of Fontana RECOMMENDATION:

Adopt Resolution No. 2022-_____, A Resolution of the City Council of the City of Fontana, California, Adopting District Map for a By-District Electoral System and Certain Related Matters.

COUNCIL GOALS:
· To increase citizen involvement by seeking community input.

DISCUSSION:

Every 10 years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the City of Fontana must be completed by
April 17, 2022.

The City adopted its current district boundaries in 2017, based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the Fair Maps Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. One of the key requirements under the Fair Maps Act, and the federal Voting Rights Act, is that district populations be balanced. In addition, maps may not intentionally seek to dilute or minimize the minority vote and if there is an ability to create majority/minority voting districts, the agency must strive to do so. One of the goals in redistricting is to reduce the total deviation to as close to zero as possible, however, the courts have ruled that a deviation of 10% or less is generally acceptable. At present, the population deviation is 12.16%.

The first of four scheduled public hearings were held on October 12, 2021 and provided an overview of the redistricting process. The second of the required public hearings was held on October 26, 2021, requesting public input on the process. The third of the required hearings was held on January 25, 2022 and provided an initial review of the five proposed map options prepared by the City’s redistricting consultant and the public. The fourth and final required hearing was held on March 8, 2022 and provided a review of the eight total proposed maps prepared by the City’sredistricting consultant and the public. The City offered two draft map submittal deadlines for consideration at the third and fourth public hearings. These deadlines were January 14 and February 24, 2022. At the March 8, 2022, meeting, Council directed staff and the consultant to amended draft map 104 and bring back for further review at an upcoming meeting for consideration. Amended Map 104 is now shown as map 104b.

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On March 22, 2022, the City Council directed staff to return with a Resolution to adopt draft map 104b as the City’s voter districts.

The City has a deadline of April 17, 2022, to adopt and submit the final map to the San Bernardino County Registrar-Recorder’s Office.

Map 104b has been attached to this staff report, along with a complete demographic analysis.

Additionally, the public may view the map online at www.fontana.org.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

MOTION:

To approve staff recommendation.

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RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA, CALIFORNIA, ADOPTING DISTRICT MAP

FOR A BY -DISTRICT ELECTORAL SYSTEM AND

CERTAIN RELATED MATTERS

WHEREAS, in 2017 the City Council of the City of Fontana (“the City”) adopted Ordinance No. 1767 adding Chapter 2, Article 2, Section 4 2, to the Fontana Municipal Code establishing four City Council districts for a by -district electoral system, where each City Council Member must reside within the designated district boundary and be elected only by the voters in that district; and,

WHEREAS, Fontana Municipal Code §2.02.042 provides that the boundary map by which City Council Members shall be elected shall be adopted by resolution; and,

WHEREAS, Public Hearings were held on October 12, 2021, and October 26, 2021, to receive public input regarding the composition of the City’s voting districts before draft maps were drawn; and,

WHEREAS, The City Council solicited, received, and took into consideration public input from the community during public hearings held on January 25, 2022, and March 8, 2022, after draft maps were drawn; and,

WHEREAS, the City Council evaluated each proposed boundary map in consideration of public testimony and the established guidelines:

1. Each Council district shall contain a nearly equal population as required by law; and,

2. Each Council district shall be drawn in a manner that compl ies with the Federal Voting Rights Act; and,

3. No Council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny; and,

4. Each Council district shall consist of contiguous ter ritory in as compact form as possible; and

5. Each Council district shall respect communities of interest as much as possible; and,

6. Each Council district border shall follow visible natural and man- made geographical and topographical features as much as possible; and,

7. Respect voter’s choices and continuity in office; and, 335
Resolution No. 2022-

8. Council districts known to be areas of higher -than-average population growth in the two to five years following this boundary line adjustment may be under populated within the population deviation amounts allowed by law.

WHEREAS, At the Public Hearing of March 22 , 2022, the City Council reviewed proposed maps, received additional public input, and selected a preferred map for four City Council voting districts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The facts set forth in the Recitals of this Resolution are true and correct.

Section 2 : Pursuant to Fontana Municipal §2.02.042, the Preferred Map attached as Exhibit “A” to this resolution is adopted.

Section 3: The Deputy City Clerk is directed to transmit the map to the County of San Bernardino.

Section 4: The Deputy City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates , or the residence of elected officials within any district. The Deputy City Clerk must consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and advise the City Council of any such adjustments required in the implementation of the districts.

APPROVED AND ADOPTED this 12
th day of April 2022.

READ AND APPROVED AS TO LEGAL FORM:

________________________________
City Attorney

I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 12 th day of
April 2022, by the following vote to wit:
336
Resolution No. 2022-

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
City Clerk of the City of Fontana

________________________________
Mayor of the City of Fontana

ATTEST:

________________________________
City Clerk

337
§¨¦
IS15
§¨¦
IS10

SIERRA AVE

CITRUS AVE

JURUPA AVE

SLOVER AVE

FOOTHILL BLVD

BASELINE AVE

VALLEY BLVD

SUMMIT AVE

RANDALL AVE

MERRILL AVE

ARROW BLVD

CHERRY AVE

SAN BERNARDINO AVE

SAN SEVAINE RD

WALNUT ST

SANTA ANA AVE

BEECH AVE

LYTLE CREEK RD
3 1
2 4
Fontana 2021 / 2022
Redistricting
Map
104b
Map Layers
Current
Railroad
Streets

EXHIBIT- A
338
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1313 Agenda Date: 4/12/2022
Agenda #: Q. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

Resolution of Intent to form Community Facilities District No. 109 (Narra Hills) RECOMMENDATION:

1. Adopt Resolution No. 2022-____, of the City Council of the City of Fontana of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes.

2. Adopt Resolution No. 2022-____, of the City Council of the City of Fontana to Incur Bonded Indebtedness of the Proposed City of Fontana Community Facilities District No. 109 (Narra Hills).

COUNCIL GOALS:
· To practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

Richland Communities has initiated the process to form a Community Facilities District for the purpose of financing the acquisition of certain public facilities that are eligible under the City financing goals and policies, namely sewer, storm drain, street improvements, landscaping, and development impact fees. The formation of the district will benefit the City by funding the infrastructure projects outside of the typical improvements that would be required for the project including a contribution for a project of community benefit. CFD bond funding will allow for infrastructure to be built at one time reducing construction inconvenience for earlier residents and enhancing the overall community aesthetics.

The project consists of approximately 137.33 gross (73.25 net taxable) acres (489 residential lots), is located on the west side of Citrus Avenue north of Duncan Canyon Road.

The proposed Rate and Method of Apportionment (RMA) includes rates to pay for bonded indebtedness and maintenance of street lighting, landscaping and parks. Initial assigned residential rates are proposed as follows:

Land
Use
Class
Residential Floor Area Bond
Debt Maint
Total
1 Detached - 4,400 sf or Greater $8,186 $744 $8,930
2 Detached - 4,200 sf to less than 4,400 sf $7,879 $744 $8,623 3 Detached - 4,000 sf to less than 4,200 sf $7,736 $744 $8,480 4 Detached - 3,800 sf to less than 4,000 sf $7,592 $744 $8,336 5 Detached - 3,600 sf to less than 3,800 sf $7,238 $744 $7,982 6 Detached - 3,400 sf to less than 3,600 sf $6,905 $744 $7,649 7 Detached - 3,200 sf to less than 3,400 sf $6,551 $744 $7,295 8 Detached - 3,000 sf to less than 3,200 sf $6,240 $744 $6,984 9 Detached - 2,800 sf to less than 3,000 sf $6,103 $744 $6,847 10 Detached - 2,600 sf to less than 2,800 sf $5,873 $744 $6,617 11 Detached - 2,400 sf to less than 2,600 sf $5,666 $744 $6,410 12 Detached - 2,200 sf to less than 2,400 sf $5,349 $744 $6,093 13 Detached - 2,000 sf to less than 2,200 sf $5,118 $744 $5,862 14 Detached - Less than 2,000 sf $4,876 $744 $5,620
15 Attached - 2,000 sf or Greater $4,074 $718 $4,792
16 Attached - 1,800 sf to less than 2,000 sf $4,025 $718 $4,743 17 Attached - 1,600 sf to less than 1,800 sf $3,762 $718 $4,480 18 Attached - 1,400 sf to less than 1,600 sf $3,627 $718 $4,345 19 Attached - 1,200 sf to less than 1,400 sf $3,445 $718 $4,163 20 Attached - Less than 1,200 sf $3,320 $718 $4,038
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File #: 21-1313 Agenda Date: 4/12/2022
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Land
Use
Class
Residential Floor Area Bond
Debt Maint
Total
1 Detached - 4,400 sf or Greater $8,186 $744 $8,930
2 Detached - 4,200 sf to less than 4,400 sf $7,879 $744 $8,623 3 Detached - 4,000 sf to less than 4,200 sf $7,736 $744 $8,480 4 Detached - 3,800 sf to less than 4,000 sf $7,592 $744 $8,336 5 Detached - 3,600 sf to less than 3,800 sf $7,238 $744 $7,982 6 Detached - 3,400 sf to less than 3,600 sf $6,905 $744 $7,649 7 Detached - 3,200 sf to less than 3,400 sf $6,551 $744 $7,295 8 Detached - 3,000 sf to less than 3,200 sf $6,240 $744 $6,984 9 Detached - 2,800 sf to less than 3,000 sf $6,103 $744 $6,847 10 Detached - 2,600 sf to less than 2,800 sf $5,873 $744 $6,617 11 Detached - 2,400 sf to less than 2,600 sf $5,666 $744 $6,410 12 Detached - 2,200 sf to less than 2,400 sf $5,349 $744 $6,093 13 Detached - 2,000 sf to less than 2,200 sf $5,118 $744 $5,862 14 Detached - Less than 2,000 sf $4,876 $744 $5,620
15 Attached - 2,000 sf or Greater $4,074 $718 $4,792
16 Attached - 1,800 sf to less than 2,000 sf $4,025 $718 $4,743 17 Attached - 1,600 sf to less than 1,800 sf $3,762 $718 $4,480 18 Attached - 1,400 sf to less than 1,600 sf $3,627 $718 $4,345 19 Attached - 1,200 sf to less than 1,400 sf $3,445 $718 $4,163 20 Attached - Less than 1,200 sf $3,320 $718 $4,038
Sales prices for the homes have been estimated at $462,000 to $1,020,000. The proposed rates have been established to provide a total tax rate of less than 1.95% of the home value per City Policy.

The proposed rates for bonded indebtedness will support $36.2 million of bonds, providing funds to finance $31.0 million of facilities and/or fees. The proposed annual rate for maintenance of $744 for detached units and $718 for attached units will be sufficient to fund the annual maintenance costs for street lighting, landscaping and parks within and surrounding the area of the CFD. The rate also includes the maintenance costs related to the water quality system required by the State of California. The maximum annual tax rate for maintenance have been set at $1,040 per unit for attached units and $1,005 for detached units with a 2% escalator per City Policy.

This action represents the first step in the process to establish the new district. Adoption of the proposed resolutions will set the public hearing for May 24, 2022. The levy of the proposed special taxes will be subject to the approval of the qualified electors of the new Community Facilities District at a special election.

The recommended action complies with the City Council's debt management objectives.

FISCAL IMPACT:

Most of the issuance costs are contingent upon the sale of the bonds and will be paid from proceeds. The developer has deposited $60,000 with the City to pay for appraisal and miscellaneous costs that are non- contingent.

Annual debt service and maintenance costs will be paid from special taxes levied on the future homeowners within the district.

MOTION:

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Approve staff recommendation.

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4152-8592-2101.2

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA OF INTENTION TO ESTABLISH A

COMMUNITY FACILITIES DISTRICT PROPOSED TO BE

NAMED CITY OF FONTANA COMMUNITY FACILITIES
DISTRICT NO. 109 (NARRA HILLS), AND TO AUTHORIZE

THE LEVY OF SPECIAL TAXES
WHEREAS, Section 53318 of the Mello-Roos Community Facilities Act of 1982 (the “Act”) provides that proceedings for the establishment of a Community Facilities District shall be instituted by a legislative body of a local agency when a petition requesting the institution of the proceedings signed by the owners of not less than 10% of the area of land proposed to be included in the community facilities district and not proposed to be exempt from the special tax, describing the boundaries of the territory that is proposed for inclusion in the community facilities district and specifying the types of facilities and services to be financed by the community facilities district is filed with the clerk of the legislative body;
WHEREAS, Section 53318 of the Act further provides that such a petition may not be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving such petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a community facilities district pursuant to the Act; WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) has received a written petition (the “Petition”) from Arroyo Cap II-6, LLC, a Delaware limited liability company (the “Landowner”), requesting the institution of proceedings for the establishment of a community facilities district (the “Community Facilities District”), describing the boundaries of the territory that is proposed for inclusion in the Community Facilities District and specifying the types of facilities and services to be financed by the Community Facilities District; WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax; WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district; WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest, under all the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53321 of the Act and in the resolution of formation to establish a community facilities district pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified 342

2 4152-8592-2101.2

electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; WHEREAS, the City and LS-FONTANA LLC, a Delaware limited liability company (“LS-FONTANA”), entered into a Deposit and Reimbursement Agreement, dated as of February 1, 2022 (the “Deposit Agreement”), relating to the Community Facilities District, that provides for the advancement of funds by LS-FONTANA to be used to pay costs incurred in connection with the establishment of the Community Facilities District and the issuance of special tax bonds thereby, and provides for the reimbursement to LS-FONTANA of such funds advanced, without interest, from the proceeds of any such bonds issued by the Community Facilities District; and
WHEREAS, the City desires to include in this Resolution, in accordance with Section 53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. The City Council hereby finds that the Petition is signed by the landowner owning the requisite area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax.

Section 3. The City Council proposes to establish a community facilities district under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the map showing the proposed Community Facilities District (the “Boundary Map”) on file with the City Clerk of the City (the “City Clerk”), a copy of which is attached hereto as Exhibit A, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to sign the original Boundary Map and record, or cause to be recorded, the Boundary Map with all proper endorsements thereon in the office of the San Bernardino County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

Section 4. The name proposed for the Community Facilities District is “City of Fontana Community Facilities District No. 109 (Narra Hills)”.

Section 5. The public facilities (the “Facilities”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Facilities” on Exhibit B hereto, which is by this reference incorporated herein. Those Facilities proposed to be purchased as completed public facilities are described under the caption “Facilities to be Purchased” on Exhibit B hereto. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit B hereto. The incidental expenses proposed to be incurred are identified under the caption 343

3 4152-8592-2101.2

“Incidental Expenses” on Exhibit B hereto. All or any portion of the Facilities may be financed through a financing plan, including, but not limited to, a lease, lease-purchase or installment- purchase arrangement.

Section 6. Except where funds are otherwise available, a special tax (the “Special Tax”) sufficient to pay for all Facilities and Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District, will be annually levied within the Community Facilities District. The rate and method of apportionment of the Special Tax (the “Rate and Method”), in sufficient detail to allow each landowner within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is described in Exhibit C attached hereto, which is by this reference incorporated herein. The conditions under which the obligation to pay the Special Tax to pay for Facilities may be prepaid and permanently satisfied are specified in the Rate and Method. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

Section 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the Community Facilities District is created. The Services may not supplant services already available within that territory when the Community Facilities District is created.

Section 8. The tax year after which no further Special Tax to pay for Facilities will be levied against any parcel used for private residential purposes is specified in the Rate and Method.

Under no circumstances shall the Special Tax to pay for Facilities in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the Community Facilities District by more than 10% above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Section 9. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the Community Facilities District treasurer in full payment or part payment of any installment of the Special Tax or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender.

Section 10. The City Council hereby fixes Tuesday, May 24, 2022, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, at 8353 Sierra Avenue, Fontana, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District; provided, that, in the event the May 24, 2022 City Council meeting is held via teleconference and/or videoconference only, the means by 344

4 4152-8592-2101.2

which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

Section 11. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

Section 12. The levy of the proposed Special Tax shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the Community Facilities District, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District.

Section 13. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Facilities or Services is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the Facilities and Services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Facilities and Services. Such officers are hereby also directed to estimate the fair and reasonable cost of the Facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing.

Section 14. LS-FONTANA has heretofore advanced certain funds, and may advance additional funds, that have been or may be used to pay costs incurred in connection with the establishment of the Community Facilities District and the issuance of special tax bonds thereby.

The City Council proposes to repay all or a portion of such funds expended for such purpose, solely from the proceeds of such bonds, pursuant to the Deposit Agreement. The Deposit Agreement is hereby incorporated herein as though set forth in full herein.

Section 15. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

Section 16. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 17. This Resolution shall take effect immediately upon its adoption. 345

5 4152-8592-2101.2

APPROVED and ADOPTED by the City Council of the City of Fontana on April 12, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
346

A-1
4152-8592-2101.2

EXHIBIT A

BOUNDARY MAP

347
PROPOSED BOU NDARIES OF CITY OF FONTANA COMMU NITY FACILITIES DISTRICT NO. 109 (NARRA H ILLS)

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

REFERENCE IS HEREBY MADE TO THE ASSESSOR MAPS OF SAN

BERNARDINO COUNTY FOR A DESCRIPTION OF THE LINES AND
DIMENSIONS OF THE PARCELS LISTED BELOW :
0226-075-13
0226-075-17
0226-075-18
0226-075-26
0226-075-27
0226-075-28
0226-075-29
0226-075-36
0226-075-39
0226-075-49
0226-075-50
0226-075-51
PROPOSED BOU NDARIES:

CITY CLERK'S CERTIFICATE

SAN BERNARDINO COU NTY

RECORDER'S CERTIFICATE

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FONTANA THIS ____ DAY OF ________, 2022.
_____________________________________

CITY CLERK OF THE CITY OF FONTANA

I HEREBY CERTIFY THAT THE W ITHIN MAP SHOW ING THE PROPOSED

BOUNDARIES OF CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 109 (NARRA HILLS), SAN BERNARDINO COUNTY, STATE OF

CALIFORNIA, W AS APPROVED BY THE CITY COUNCIL OF THE CITY OF FONTANA AT A REGULAR MEETING THEREOF, HELD ON THIS______ DAY OF ___________ , 2022, BY ITS RESOLUTION NO. _______________. _____________________________________

CITY CLERK OF THE CITY OF FONTANA
FILED THIS ____ DAY OF ____________, 2022, AT THE HOUR OF _____ O'CLOCK __M, IN BOOK __________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE __________ AND UNDER DOCUMENT NO. ________________, IN THE OFFICE OF THE COUNTY

RECORDER IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AT THE REQUEST OF THE CITY OF FONTANA, IN THE AMOUNT OF $______.

BOB DUTTON, ASSESSOR-RECORDER

SAN BERNARDINO COUNTY
BY: ______________________________

DEPUTY RECORDER

CFD BOUNDARY
300'0 900'
150' 600' 1200'
Prepared by
DTA
PROPOSED BOU NDARIES OF CITY OF FONTANA COMMU NITY FACILITIES DISTRICT NO. 109 (NARRA H ILLS)

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

THE PROPOSED BOUNDARIES OF CITY OF FONTANA COMMUNITY
FACILITIES DISTRICT NO. 109 (NARRA HILLS) CONTAINS 137.33 ACRES OF LAND, MORE OR LESS.

CFD BOUNDARY

CFD BOUNDARY

CFD BOUNDARY
DUNCAN

CANYON ROAD

COYOT E

HAW K RIDGE
0226-075-13
0226-075-17
0226-075-18
0226-075-26
0226-075-27
0226-075-28
0226-075-29
0226-075-39
0226-075-49
0226-075-50
0226-075-51
348

B-1
4152-8592-2101.2

EXHIBIT B

FACILITIES, SERVICES AND INCIDENTAL EXPENSES
Facilities
The types of facilities to be financed by the Community Facilities District are streets, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, sewers, storm drains, fire protection facilities, police facilities, public facilities, landscaping, library facilities, park and recreational facilities, flood control facilities consisting of the relocation and construction of the Hawker Crawford flood control channel, water distribution, treatment and storage facilities and land, rights-of-way and easements necessary for any of such facilities.

Facilities to be Purchased
The types of facilities to be purchased as completed facilities are streets, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, sewers, storm drains, fire protection facilities, police facilities, public facilities, landscaping, library facilities, park and recreational facilities, flood control facilities consisting of the relocation and construction of the Hawker Crawford flood control channel, water distribution, treatment and storage facilities and land, rights-of-way and easements necessary for any of such facilities.

Services
The types of services to be financed by the Community Facilities District are fire protection and suppression services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the following:
(a) the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and
(c) any other expenses incidental to the construction, completion, and inspection of the authorized work.
349

C-1
4152-8592-2101.2

EXHIBIT C

PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

350

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 1

RATE AND METHOD OF APPORTIONMENT FOR
CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 109
(NARRA HILLS)

A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No . 109 (Narra Hills) ("CFD No. 109") and collected each Fiscal Year, in an amount determined by the City Council of the City of Fontana, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 109, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

"Acre" or "Acreage" means the land area expressed in acres of an Asses sor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reaso nable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan. For residential dwelling units within a condominium plan, the Acres applicable to each resi dential dwelling unit shall be determined by dividing (i) the Acres of the underlying lot or par cel on which the residential dwelling unit is constructed or to be constructed, by (ii) the total number of residential dwelling units constructed or to be constructed on such lot or parcel. The sq uare footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.

"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 (commencing with Sect ion 53311) of the California Government Code.

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 109, inclu ding but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Sp ecial Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discha rge of the duties required of it under the Indenture; the costs to the City, CFD No. 109 or an y designee thereof of complying with arbitrage rebate requirements with respect to the S pecial Tax and CFD No. 109 Bonds; the costs to the City, CFD No. 109 or any designee thereof of complying with disclosure requirements of the City, CFD No. 109 or obligated persons associat ed with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Sp ecial Taxes; the costs of the City, CFD No. 109, or any designee thereof related to the reducti on of the Assigned Facilities Special Tax and Backup Facilities Special Tax in accordance with Se ction C.1 herein; the costs of the City, CFD No. 109 or any designee thereof related to an appea l of the Special Tax; and the City’s annual administration fees and third party expenses relate d to CFD No. 109 Bonds. Administrative Expenses shall also include amounts estimated or ad vanced by the City or CFD No. 109 for any other administrative purposes of CFD No. 109, inclu ding attorney’s fees and other costs related to commencing and pursuing to completion any forecl osure of delinquent Special Taxes.

351

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 2 "Assessor" means the Assessor of the County.

"Assessor's Parcel" means a lot or parcel to which an Assessor’s parce l number is assigned as determined from an Assessor’s Parcel Map or the applicable assessment roll.

"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor’s Parcel number.

"Assigned Facilities Special Tax" means the Facilities Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.(2) below.

"Assigned Services Special Tax" means the Services Special Tax, determined in acco rdance with Section C.2.b herein, that can be levied in an y Fiscal Year on any Assessor’s Parcel of Developed Property.

"Attached Residential Property" means Assessor’s Parcels of Developed Property for which building permits have been issued for a residential dwelling unit that shares, or will share, an inside wall with another residential dwelling unit.

"Authorized Facilities" means those facilities eligible to be funded by CFD No. 109.

"Authorized Services" means those services eligible to be funded by CFD No. 109 in accordance with the Act, including, but not limited to, fire protection and suppression services, maintenance and lighting of parks, parkways, street s, roads and open space, flood and storm protection services and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

"Backup Facilities Special Tax" means the Facilities Special Tax applicable to eac h Assessor's Parcel of Developed Property, as determined in accordance with Section C.1.a.(3) below.

"Buildout" means, for CFD No. 109, that all expected building permits for residential dwelling units and/or non-residential development to be cons tructed within CFD No. 109 have been issued, as determined by the CFD Administrator.

"CFD Administrator" means an official of the City, or designee thereof , responsible for determining the Special Tax Requirement for Facilit ies and the Special Tax Requirement for Services, providing for the levy and collection of the Special Taxes, and performing other duties as set forth herein.

"CFD No. 109" means City of Fontana Community Facilities District No. 109 (Narra Hills).

"CFD No. 109 Bonds" means any bonds or other debt (as defined in Secti on 53317(d) of the Act), whether in one or more series, issued by CFD No. 109 and secured by the Facilities Special Tax levy on property within the boundaries of CFD No. 109 under the Act.

"City" means the City of Fontana, California.

"Contractual Impositions" means (a) a voluntary contractual assessment established and levied on an Assessor’s Parcel pursuant to Chapter 29 of P art 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq. ), as amended from time to time, 352

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 3 (b) a special tax established and levied on an Asse ssor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisio ns of the Act, as amended from time to time, and (c) any other fee, charge, tax or assessm ent established and levied on an individual Assessor’s Parcel pursuant to a contractual agreeme nt or other voluntary consent by the owner thereof.

"Council" means the City Council of the City acting as the legislative body of CFD No. 109.

"County" means the County of San Bernardino.

"Detached Residential Property" means Assessor’s Parcels of Developed Property for which building permits have been issued for a residential dwelling unit that is or is expected to be surrounded by freestanding walls and that does not share an inside wall with any other residential dwelling unit.

"Developed Property" means, for each Fiscal Year, (i) with respect to t he Facilities Special Tax, all Taxable Property, exclusive of Taxable Pub lic Property and Taxable Property Owner Association Property, for which a building permit f or new construction, other than the construction of a garage, parking lot, or parking s tructure, was issued after January 1, 2022 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Facilities Special Taxes are being levied, and (ii) with respect to th e Services Special Tax, all Taxable Property, exclusive of Taxable Public Property and Taxable Pr operty Owner Association Property, (a) for which the Final Residential Subdivision was recorde d prior to the Fiscal Year for which the Services Special Taxes are being levied, or (b) for which a building permit has been issued with respect to Non-Residential Property on or before Ma y 1 of the Fiscal Year preceding the Fiscal Year for which the Services Special Taxes are being levied.

"Facilities Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No . 109 to fund the Special Tax Requirement for Facilities, as set forth in Section C.1 herein.

"Final Residential Subdivision" means a Final Subdivision that creates individual l ots for which building permits may be issued for residentia l dwelling units without further subdivision of such property.

"Final Subdivision" means (i) a subdivision of property by recordation of a final map, parcel map, or lot line adjustment approved by the City pu rsuant to the Subdivision Map Act (California Government Code Section 66410 et seq. ) that creates individual lots or parcels for which building permits may be issued, or (ii) for c ondominiums, a final map approved by the City and a condominium plan recorded pursuant to Ca lifornia Civil Code Section 4285 that creates an individual lot(s) for which a building p ermit(s) may be issued without further subdivision. The term "Final Subdivision" shall no t include any Assessor’s Parcel Map or subdivision map or portion thereof that does not cr eate individual lots for which a building permit may be issued, including Assessor’s Parcels that are designated as remainder parcels.

Notwithstanding the above, a condominium plan for w hich one or more building permits have been issued, but no individual lots have been creat ed for such building permits, shall be considered a Final Subdivision, and the portion of the condominium plan for which building permits have been issued shall be defined as Developed Property.

"Fiscal Year" means the period starting July 1 and ending on the following June 30. 353

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 4 "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which CFD No. 109 Bonds are issued, as modified, amended and/or supplemented from time to time.

"Land Use Class" means any of the classes listed in Table 1, Table 4, or Table 5 herein.

"Lower Income Households Welfare Exemption Property " means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 109 that is entitled to a welfare exemption under subdivision (g) of Section 214 of the Califor nia Revenue and Taxation Code (or any successor statute), as indicated in the County’s as sessment roll finalized as of the last preceding January 1.

"Maximum Facilities Special Tax" means the maximum Facilities Special Tax, determin ed in accordance with Section C.1 herein, that can be lev ied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

"Maximum Services Special Tax" means the maximum Services Special Tax, determined in accordance with Section C.2 herein, that can be lev ied in any Fiscal Year on any Assessor’s Parcel of Developed Property.

"Minimum Sale Price" means the minimum price at which parcels of a give n Land Use Class have sold or are expected to be sold in a normal ma rketing environment and shall not include prices for such parcels that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class.

"Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued by the City perm itting the construction of one or more non- residential structures or facilities.

"Outstanding Bonds" means all CFD No. 109 Bonds which are outstanding under the Indenture.

"Planning Area" means an area designated with the letters "P.A." as shown on Exhibit B.

"Price Point Consultant" means any consultant or firm of such consultants s elected by CFD No. 109 that (a) has substantial experience in perf orming price point studies for residential dwelling units within community facilities districts or otherwise estimating or confirming pricing for residential dwelling units in community facilit ies districts, (b) has recognized expertise in analyzing economic and real estate data that relate s to the pricing of residential dwelling units in community facilities districts, (c) is in fact inde pendent and not under the control of CFD No. 109 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 109, (ii) the City, (iii) any owner of real pro perty in CFD No. 109, or (iv) any real property in CFD No. 109, and (e) is not connected with CFD N o. 109 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 109 or the City.

"Price Point Study" means a price point study or a letter updating a p revious price point study prepared by the Price Point Consultant pursuant to Section C herein.

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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 5 "Property Owner Association Property" means, for each Fiscal Year, (i) any property with in the boundaries of CFD No. 109 for which the owner o f record, as determined from the County’s assessment roll for the Fiscal Year in which the Sp ecial Tax is being levied, is a property owner’s association, including any master or sub-as sociation, or (ii) any property located in a Final Subdivision that was recorded as of the Janua ry 1 preceding the Fiscal Year in which the Special Tax is being levied and which, as determine d from such Final Subdivision, is or will be open space, a common area recreation facility, or a private street. Notwithstanding the foregoing, any property previously classified as De veloped Property and subsequently owned in fee or by easement, or dedicated to, a property own er association, including any master or sub- association, shall remain classified as Developed Property.

"Proportionately" means that the ratio of the actual Facilities Speci al Tax levy to the Assigned Facilities Special Tax is equal for all Assessor’s Parcels of Developed Property, and that the ratio of the actual Services Special Tax levy to the Assi gned Services Special Tax is equal for all Assessor’s Parcels of Developed Property. For Unde veloped Property, "Proportionately" means that the ratio of the actual Facilities Special Tax levy per Acre to the Maximum Facilities Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. The term "Proportionately" shall similarly be applied to oth er categories of Taxable Property as listed in Section D herein.

"Public Property" means, for each Fiscal Year, any property within t he boundaries of CFD No. 109 that is (i) owned by, irrevocably offered or de dicated to the federal government, the State, the County, the City, or any local government or ot her public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified ac cording to its use; or (ii) encumbered by a public utility easement making impractical its use for any purpose other than that set forth in the easement.

"Rate and Method of Apportionment" means this Rate and Method of Apportionment for CFD No. 109.

"Residential Floor Area" means all of the square footage of living area wit hin the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor’s Parcel shall be as set forth in the building permit(s) issued fo r such Assessor’s Parcel and/or as set forth in the appropriate records kept by the Building and Sa fety Department of the City, or other applicable City department, as determined by the CFD Administrator.

"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued by the City permitting the construction thereon of one or more residential dwelling units.

"Services Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property within CFD No. 109 to fund the Special Tax Requirement for Services, as set forth in Section C.2 herein.

"Special Tax" means the Facilities Special Tax and/or Services Special Tax, as applicable.

"Special Tax Requirement for Facilities" means, for any Fiscal Year, that amount required, after taking into account available amounts held in the funds and accounts under the Indenture, 355

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 6 for the following items: (i) debt service on all Ou tstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) periodic costs with respect to the CFD No. 109 Bonds, including but not limited to, costs of credit enhan cement and federal rebate payments due in the calendar year commencing in such Fiscal Year; (iii) pay all or a portion of Administrative Expenses; (iv) any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) without duplicating any amou nts described in clause (iv), above, reasonably anticipated Facilities Special Tax delin quencies based on the delinquency rate for the Facilities Special Tax in the previous Fiscal Year, as said levy for delinquencies shall be limited by the Act; and (vi) pay directly for the acquisiti on or construction of Authorized Facilities, provided that the inclusion of such amount does not increase the Facilities Special Tax levy beyond the first step in Section D.1 herein.

"Special Tax Requirement for Services" means that amount required in any Fiscal Year for CFD No. 109 to (i) pay directly for the Authorized Services; (ii) pay Administrative Expenses not funded through the Special Tax Requirement for Facilities as determined by the CFD Administrator; (iii) pay for reasonably anticipated Services Special Tax delinquencies based on the delinquency rate for the Services Special Tax l evy in the previous Fiscal Year; less (iv) a credit for funds available to reduce the annual Ser vices Special Tax levy, as determined by the CFD Administrator, so long as the amount required is not less than zero.

"State" means the State of California.

"Taxable Property" means all of the Assessor's Parcels within the bou ndaries of CFD No. 109 which are not exempt from the Special Tax pursuant to applicable law or Section E herein.

"Taxable Property Owner Association Property" means all Assessor’s Parcels of Property Owner Association Property that are not exempt pursuant to Section E herein.

"Taxable Public Property" means all Assessor’s Parcels of Public Property th at are not exempt pursuant to Section E herein.

"Total Tax Burden" means, for a parcel of residential property within a Land Use Class, for the Fiscal Year in which Total Tax Burden is being calc ulated, the sum of (a) the Assigned Facilities Special Tax for such Fiscal Year, plus (b) the Assi gned Services Special Tax for such Fiscal Year, plus (c) the ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, and any other governmental fees, charges (other than fees or charges for services such as sewer and tras h), taxes and assessments (which, for purposes of clarity, do not include Contractual Impositions) collected by the County on ad valorem tax bills and that the CFD Administrator estimates woul d be levied or imposed on such residential property in such Fiscal Year if the residential dwe lling unit thereon or therein had been completed and sold, and was subject to such fees, c harges, taxes and assessments in such Fiscal Year.

"Trustee" means the trustee or fiscal agent under the Indenture.

"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public Property or Taxable Property Owner Association Property.

Please refer to additional definitions in Section H herein relating to the Prepayment of Facilities Special Tax.
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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 7 B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, commencing with Fiscal Year 2022- 2023, all Taxable Property within CFD No. 109 shall be classified as Developed Property, Undeveloped Property, Taxable Public Property or Taxable Property Owner Association Prop erty, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportio nment determined pursuant to Sections C and D herein.

C. MAXIMUM SPECIAL TAX RATE

1. Facilities Special Tax

At least 30 days prior to the issuance of the first series of CFD No. 109 Bonds, the Assigned Facilities Special Tax on Developed Property (set f orth in Table 1) shall be analyzed in accordance with and subject to the conditions set f orth in this Section C. At such time, the CFD Administrator shall request the Price Point Consultant to prepare a Price Point Study setting forth the Minimum Sale Price of residential property with in each Land Use Class. If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden applicable to one or more Land Use Classes of residential property co nstructed or to be constructed within CFD No. 109 shall exceed 1.95% of the Minimum Sale Pric e of such residential property constructed or to be constructed within CFD No. 109, the CFD Ad ministrator shall reduce the Assigned Facilities Special Tax to the extent necessary to c ause the Total Tax Burden that shall apply to residential property within such Land Use Class(es) to not exceed 1.95% of the Minimum Sale Price of such residential property. Each Assigned Facilities Special Tax reduction for a Land Use Class shall be calculated separately, and it sh all not be required that such reduction be proportionate among Land Use Classes. In connectio n with any reduction in the Assigned Facilities Special Tax, the CFD Administrator shall also reduce the Backup Facilities Special Tax in accordance with Section C.1.a.(3) herein. U pon determining the reductions, if any, in the Assigned Facilities Special Tax and Backup Faciliti es Special Tax required pursuant to this Section C, the CFD Administrator shall complete the Certificate to Amend Facilities Special Tax substantially in the form attached hereto as Ex hibit A (the “Certificate to Amend”) and shall execute such completed Certificate to Amend a nd shall deliver such Certificate to Amend to CFD No. 109. Upon receipt thereof, if in satisfa ctory form, CFD No. 109 shall execute such Certificate to Amend. The reduced Assigned Faciliti es Special Tax and Backup Facilities Special Tax specified in such Certificate to Amend shall become effective upon the execution of such Certificate to Amend by CFD No. 109. The Assi gned Facilities Special Tax and Backup Facilities Special Tax reductions permitted pursuan t to this Section C shall be reflected in an amended notice of Special Tax lien which CFD No. 10 9 shall cause to be recorded with the San Bernardino County Recorder as soon as practicable a fter execution of the Certificate to Amend by CFD No. 109. If based upon such Price Point Stu dy the CFD Administrator calculates that the Total Tax Burden applicable to each Land Use Cl ass of residential property constructed or to be constructed within CFD No. 109 does not exceed 1 .95% of the Minimum Sale Price of each such Land Use Class of residential property constru cted or to be constructed within CFD No. 109, then there shall be no reduction in the Assign ed Facilities Special Tax, nor shall there be a reduction in the Backup Facilities Special Tax.

a. Developed Property

(1). Maximum Facilities Special Tax

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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 8 The Maximum Facilities Special Tax for each Assesso r's Parcel classified as Developed Property shall be the greater of (i) the amount der ived by application of the Assigned Facilities Special Tax or (ii) the amount derived b y application of the Backup Facilities Special Tax.

(2). Assigned Facilities Special Tax

Residential Property shall be assigned to Land Use Classes 1 through 20 as listed in Table 1 below based on the type of use and the Resi dential Floor Area for each residential dwelling unit. Non-Residential Propert y shall be assigned to Land Use Class

21. The Assigned Facilities Special Tax that shall be levied in any Fiscal Year for each Land Use Class is shown below in Table 1.

Table 1

Assigned Facilities Special Tax for Developed Property
City of Fontana CFD No. 109 (Narra Hills)

Land
Use
Class Description
Residential Floor
Area (square feet)
Assigned
Facilities
Special Tax
1 Detached Residential Property 4,400 or greater $8 ,186 per unit 2 Detached Residential Property 4,200 to less than 4,400 $7,879 per unit 3 Detached Residential Property 4,000 to less than 4,200 $7,736 per unit 4 Detached Residential Property 3,800 to less than 4,000 $7,592 per unit 5 Detached Residential Property 3,600 to less than 3,800 $7,238 per unit 6 Detached Residential Property 3,400 to less than 3,600 $6,905 per unit 7 Detached Residential Property 3,200 to less than 3,400 $6,551 per unit 8 Detached Residential Property 3,000 to less than 3,200 $6,240 per unit 9 Detached Residential Property 2,800 to less than 3,000 $6,103 per unit 10 Detached Residential Property 2,600 to less than 2,800 $5,873 per unit 11 Detached Residential Property 2,400 to less than 2,600 $5,666 per unit 12 Detached Residential Property 2,200 to less than 2,400 $5,349 per unit 13 Detached Residential Property 2,000 to less than 2,200 $5,118 per unit 14 Detached Residential Property Less than 2,000 $4 ,876 per unit 15 Attached Residential Property 2,000 or greater $ 4,074 per unit 16 Attached Residential Property 1,800 to less than 2,000 $4,025 per unit 17 Attached Residential Property 1,600 to less than 1,800 $3,762 per unit 18 Attached Residential Property 1,400 to less than 1,600 $3,627 per unit 19 Attached Residential Property 1,200 to less than 1,400 $3,445 per unit 20 Attached Residential Property Less than 1,200 $3,320 per unit 21 Non-Residential Property NA $36,640 per Acre

(3). Backup Facilities Special Tax

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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 9 The Backup Facilities Special Tax for an Assessor’s Parcel of Developed Property within a Planning Area shall equal the lesser of (a) the B ackup Facilities Special Tax applicable for such Planning Area set forth in Table 2 below, or (b) in connection with any reduction in the Assigned Facilities Special Tax as set forth in Section C.1 herein, the amount per Acre calculated for each Planning Area pursuant to the formula below:

BFST = AFST  ATP

These terms have the following meaning:

BFST = the reduced Backup Facilities Special Tax fo r Developed Property within a Planning Area

AFST = The total estimated Assigned Facilities Spec ial Tax levy within such Planning Area based on the reduced Assigned Facilit ies Special Taxes for Developed Property permitted pursuant to Section C. 1 herein which could be levied on all expected development within such Plan ning Area assuming Buildout of CFD No. 109.

ATP = The sum of the Acreage of all Taxable Property within a Final Subdivision (assuming Buildout of CFD No. 109) within such Plan ning Area (after excluding Public Property and Property Owner Association Prop erty as set forth in Section E.1 herein) multiplied by 85%.

Table 2

Backup Facilities Special Tax for Developed Property
City of Fontana CFD No. 109 (Narra Hills)

Planning
Area
Backup
Facilities
Special Tax
P.A. 1 $28,860 per Acre
P.A. 2 $52,010 per Acre
P.A. 3 $70,530 per Acre
P.A. 4 $69,890 per Acre

Furthermore, all Assessors’ Parcels within CFD No. 109 shall be relieved simultaneously and permanently from the obligation to pay and disc lose the Backup Facilities Special Tax if the CFD Administrator calculates that (i) th e annual debt service required for the Outstanding Bonds, when compared to the Assigned Fa cilities Special Tax that shall be levied against all Assessors’ Parcels of Developed Property in CFD No. 109 results in 110% debt service coverage (i.e., the Assigned Faci lities Special Tax that shall be levied against all Developed Property in CFD No. 109 in ea ch remaining Fiscal Year based on the then existing development is at least equal to the sum of (a) 1.10 times the debt service necessary to support the remaining Outstand ing Bonds in each corresponding Fiscal Year, and (b) Administrative Expenses), and (ii) all authorized CFD No. 109 Bonds have already been issued or the Council has c ovenanted that it shall not issue any additional CFD No. 109 Bonds (except refunding bond s) to be supported by the Facilities Special Tax in CFD No. 109.

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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 10 (4). Multiple Land Uses

In some instances an Assessor’s Parcel may contain both Developed Property and Undeveloped Property. In such cases, the Acreage o f the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor’s Parcel for which building permits ha d been issued prior to May 1 of the prior Fiscal Year and the portion of the Assessor’s Parcel for which building permits had not been issued prior to May 1 of the prior Fiscal Year.

Furthermore, Developed Property may contain more th an one Land Use Class. In such cases, the Acreage that is considered Developed Pro perty shall be allocated between Residential Property and Non-Residential Property b ased on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Facilities Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum F acilities Special Tax that can be levied on each type of property located on that Assessor’s Parcel.

The CFD Administrator’s allocation to each type of property shall be final.

b. Undeveloped Property, Taxable Public Property, a nd Taxable Property Owner Association Property

The Maximum Facilities Special Tax for each Assesso r’s Parcel of Undeveloped Property, Taxable Public Property, and Taxable Prop erty Owner Association Property within a Planning Area shall be the applicable amou nt for such Planning Area set forth in Table 3 below. The Maximum Facilities Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall not be subject to escalation and shall therefore remain the same in every Fiscal Year.

Table 3

Maximum Facilities Special Tax for Undeveloped Property, Taxable Public Property and Taxable Property Owner Association Property City of Fontana CFD No. 109 (Narra Hills)

Planning
Area
Maximum
Facilities
Special Tax
P.A. 1 $28,860 per Acre
P.A. 2 $52,010 per Acre
P.A. 3 $70,530 per Acre
P.A. 4 $69,890 per Acre

2. Services Special Tax

For purposes of the Services Special Tax, an Assess or(s) Parcel of Developed Property within a Final Residential Subdivision shall be assigned to Land Use Classes 1 through 4, as identified in Table 4 and Table 5 below, based on the Planning Ar ea associated with such Assessor’s Parcel.

Non-Residential Property shall be assigned to Land Use Class 5. Furthermore, the Services Special Tax levied against each Assessor’s Parcel w ithin a Final Residential Subdivision shall be 360

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 11 based on the number of residential dwelling units f or which building permits have been issued or are expected to be issued for such Assessor’s Parce l, as determined by the CFD Administrator based on such Final Residential Subdivision or other available documents.

a. Maximum Services Special Tax

The Fiscal Year 2022-2023 Maximum Services Special Tax for each Land Use Class of Developed Property is shown below in Table 4.

Table 4

Maximum Services Special Tax for Developed Property
City of Fontana CFD No. 109 (Narra Hills)
Fiscal Year 2022-2023

Land
Use
Class
Planning
Area

Description

Maximum
Services
Special Tax
1 P.A. 1 Final Residential Subdivision $1,040 per unit
2 P.A. 2 Final Residential Subdivision $1,040 per unit
3 P.A. 3 Final Residential Subdivision $1,005 per unit
4 P.A. 4 Final Residential Subdivision $1,005 per unit
5 NA Non-Residential Property $6,830 per Acre

b. Assigned Services Special Tax

The Fiscal Year 2022-2023 Assigned Services Special Tax for each Land Use Class of Developed Property is shown below in Table 5.

Table 5

Assigned Services Special Tax for Developed Property
City of Fontana CFD No. 109 (Narra Hills)
Fiscal Year 2022-2023

Land
Use
Class
Planning
Area

Description

Assigned
Services
Special Tax
1 P.A. 1 Final Residential Subdivision $744 per unit
2 P.A. 2 Final Residential Subdivision $744 per unit
3 P.A. 3 Final Residential Subdivision $718 per unit
4 P.A. 4 Final Residential Subdivision $718 per unit
5 NA Non-Residential Property $4,880 per Acre

c. Increase in the Maximum Services Special Tax

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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 12 On each July 1, commencing on July 1, 2023, the Max imum Services Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

d. Increase in the Assigned Services Special Tax

The Assigned Services Special Tax above shall be ap plicable for Fiscal Year 2022-2023, and shall increase thereafter, commencing on July 1 , 2023, and on each July 1 thereafter in an amount estimated to fund the Special Tax Requ irement for Services for the Fiscal Year commencing on such July 1. However, in no cas e shall the Assigned Services Special Tax for an Assessor’s Parcel of Developed P roperty exceed the applicable Maximum Services Special Tax for such Assessor’s Pa rcel of Developed Property in any Fiscal Year.

e. Multiple Land Uses

In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. In such cases, the Acreage of Developed Property shall be allocated between Residential Property and Non-Residential Pr operty based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum S ervices Special Tax that can be levied on such Assessor’s Parcel shall be the sum o f the Maximum Services Special Tax that can be levied on each type of property located on that Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Facilities Special Tax

Commencing with Fiscal Year 2022-2023, and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requi rement for Facilities and shall provide for the levy of the Facilities Special Tax each Fiscal Year as follows:

First: The Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Facilities Special Tax;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Facili ties Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property a t up to 100% of the Maximum Facilities Special Tax for Undeveloped Property;

Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the l evy of the Facilities Special Tax on each Assessor's Parcel of Developed Property whose Maxim um Facilities Special Tax is determined through the application of the Backup Facilities Sp ecial Tax shall be increased in equal percentages from the Assigned Facilities Special Ta x up to the Maximum Facilities Special Tax for each such Assessor's Parcel;

Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, th en the Facilities Special Tax shall be levied 362

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 13 Proportionately on each Assessor’s Parcel of Taxabl e Public Property and Taxable Property Owner Association Property at up to 100% of the Max imum Facilities Special Tax for Taxable Public Property and Taxable Property Owner Associat ion Property, as needed to satisfy the Special Tax Requirement for Facilities.

Notwithstanding the above, the CFD Administrator sh all, in any Fiscal Year, calculate a levy Proportionately less than 100% of the Assigned Faci lities Special Tax in step one (above), when (i) the CFD Administrator is no longer required to provide for the levy of the Facilities Special Tax pursuant to steps two through four above in ord er to meet the Special Tax Requirement for Facilities; and (ii) all authorized CFD No. 109 Bon ds have already been issued or the Council has covenanted that it shall not issue any addition al CFD No. 109 Bonds (except refunding bonds) to be supported by the Facilities Special Tax.

Further notwithstanding the above, under no circumstances shall the Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued (in accordance with Section 53321(d)(3) of the California Government Code), be increased as a cons equence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 109 by more than ten percent above the amount that would have been levied in that Fiscal Y ear had there never been any such delinquencies or defaults. To the extent that the levy of the Facilities Special Tax on Residential Property is limited by the provision in the previou s sentence, the levy of the Facilities Special Tax on each Assessor’s Parcel of Non-Residential Pr operty shall continue in equal percentages up to 100% of the applicable Maximum Facilities Special Tax.

2. Services Special Tax

Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement for Services and shall provide for the levy of the Services Special Tax until the total Se rvices Special Tax levy equals the Special Tax Requirement for Services. The Services Special Tax shall be levied each Fiscal Year as follows:

First: The Services Special Tax shall be levied Pr oportionately each Fiscal Year on each Assessor’s Parcel of Developed Property at up to 10 0% of the applicable Assigned Services Special Tax as needed to satisfy the Special Tax Requirement for Services;

Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, then the l evy of the Services Special Tax on each Assessor's Parcel of Developed Property shall be in creased in equal percentages from the Assigned Services Special Tax up to the Maximum Ser vices Special Tax for each such Assessor’s Parcel.

E. EXEMPTIONS

1. Facilities Special Tax

No Facilities Special Tax shall be levied on up to the applicable Acreage limit of Public Property and/or Property Owner Association Property establis hed for each Planning Area as set forth in Table 6 below. Tax-exempt status shall be assigned by the CFD Administrator in the chronological order in which property within a Plan ning Area becomes Public Property or Property Owner Association Property. However, shou ld an Assessor’s Parcel no longer be 363

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 14 classified as Public Property or Property Owner Ass ociation Property, it shall, from that point forward, be subject to the Facilities Special Tax.

Table 6

Exempt Acreage Limits
City of Fontana CFD No. 109 (Narra Hills)

Planning
Area
Exempt
Acreage
Limit
P.A. 1 64.08 Acres
P.A. 2 0.00 Acres
P.A. 3 0.00 Acres
P.A. 4 0.00 Acres

Notwithstanding the above, an Assessor’s Parcel wit hin a Planning Area that is transferred to a public agency or property owner’s association prior to the issuance of the first series of CFD No. 109 Bonds that causes the Acreage of Public Pro perty and Property Owner Association Property within such Planning Area to exceed the ap plicable Acreage limit that can be designated by the CFD Administrator under this Sect ion E.1 shall also be exempted from paying the Special Tax.

Public Property or Property Owner Association Prope rty that is not exempt from the Facilities Special Tax under this Section E.1 shall be subject to the levy of the Facilities Special Tax and shall be taxed Proportionately as part of the fourt h step in Section D herein, at up to 100% of the applicable Maximum Facilities Special Tax for Taxab le Public Property and Taxable Property Owner Association Property.

In addition, no Facilities Special Tax shall be lev ied on Lower Income Households Welfare Exemption Property, provided that if, in any Fiscal Year, applicable law does not require that an Assessor’s Parcel that is Lower Income Households W elfare Exemption Property be exempt from the Facilities Special Tax, then the Facilities Special Tax shall be levied on such Assessor’s Parcel in accordance with this Rate and Method of A pportionment as if such Assessor’s Parcel were not classified as Lower Income Households Welfare Exemption Property.

2. Services Special Tax

No Services Special Tax shall be levied on Undevelo ped Property, Taxable Public Property, Taxable Property Owner Association Property, Public Property, or Property Owner Association Property.

In addition, no Services Special Tax shall be levie d on Lower Income Households Welfare Exemption Property, provided that if, in any Fiscal Year, applicable law does not require that an Assessor’s Parcel that is Lower Income Households W elfare Exemption Property be exempt from the Services Special Tax, then the Services Sp ecial Tax shall be levied on such Assessor’s Parcel in accordance with this Rate and Method of A pportionment as if such Assessor’s Parcel were not classified as Lower Income Households Welfare Exemption Property.

F. MANNER OF COLLECTION
364

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 15 The Special Tax shall be collected in the same mann er and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 10 9 may directly bill the Special Tax, and/or may collect Special Taxes at a different tim e or in a different manner if necessary to meet financial obligations, and, to the extent of the Fa cilities Special Tax, may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels.

G. APPEALS AND INTERPRETATIONS

Any landowner or resident who feels that the amount of the Special Tax levied on his/her Assessor’s Parcel is in error may submit a written appeal to the CFD Administrator, provided that the appellant is current in his/her payment of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The CFD Admini strator shall review the appeal, meet with the appellant if the CFD Administrator deems necess ary, and advise the appellant of its determination. If the CFD Administrator agrees wit h the appellant, a cash refund shall not be made (except for the last year of levy), but the am ount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 d ays in which to appeal to the Council by filing a written notice of appeal with the City Clerk, pro vided that the appellant is current in his/her payment of Special Taxes. This second appeal must specify the reasons for its disagreement with the CFD Administrator's determination.

The CFD Administrator shall interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations re lative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the CFD Administrator shall be subject to appeal to the Council whose dec ision shall be final and binding as to all persons.

H. PREPAYMENT OF FACILITIES SPECIAL TAX

Under this Rate and Method of Apportionment, an Ass essor’s Parcel within CFD No. 109 is permitted to prepay the Facilities Special Tax. The obligation of the Assessor’s Parcel to pay the Facilities Special Tax may be fully or partially pr epaid and permanently satisfied as described herein, provided that a prepayment may be made only for Assessor’s Parcels of Developed Property, or for an Assessor’s Parcel of Undevelope d Property for which a building permit has been issued after January 1, 2022, and only if ther e are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment . An owner of an Assessor's Parcel intending to prepay the Facilities Special Tax obligation sha ll provide the CFD Administrator with written notice of intent to prepay. Within 30 days of rece ipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge such owner a reasonabl e fee for providing this service. If there are Outstanding Bonds, prepayment must be made not less than 30 days prior to a date that notice of redemption of CFD No. 109 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture that is specified in the report of the Facilities Special Tax Prepayment Amount (defined below).

The following additional definitions apply to this Section H:

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City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 16 "CFD Public Facilities Costs" means either $37,115,500 in 2022 dollars, which sh all increase by the Construction Inflation Index on July 1, 2023 , and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Admini strator as sufficient to provide funding for the Authorized Facilities under the authorized bond ing program for CFD No. 109, or (ii) shall be determined by the Council concurrently with a covenant that it shall not issue any more CFD No. 109 Bonds (except refunding bonds) to be supported by the Facilities Special Tax levy under this Rate and Method of Apportionment.

"Construction Inflation Index" means the annual percentage change in the Engineer ing News Record Building Cost Index for the City of Los Ange les, measured as of the month of December in the calendar year which ends in the previous Fis cal Year. In the event this index ceases to be published, the Construction Inflation Index shall b e another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles.

"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) co sts of Authorized Facilities previously paid from the Improvement Fun d, (ii) moneys currently on deposit in the Improvement Fund available to pay costs of Authoriz ed Facilities, and (iii) the amount the CFD Administrator reasonably expects to derive from the reinvestment of these funds.

"Improvement Fund" means a fund or account specifically identified in the Indenture (or prior to the issuance of the first series of CFD No. 109 Bonds a fund or account held by the City) to hold funds which are currently available for expend iture to acquire or construct Authorized Facilities.

"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are outstanding under the Indenture after the first int erest and/or principal payment date following the current Fiscal Year.

1. Prepayment in Full

The Facilities Special Tax Prepayment Amount (defin ed below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Facilities Special Tax Prepayment Amo unt

As of the proposed date of prepayment, the Faciliti es Special Tax Prepayment Amount shall be calculated according to the following paragraphs:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For Assessor’s Parcels of Developed Property, compu te the Assigned Facilities Special Tax and Backup Facilities Special Tax for the Asses sor’s Parcel to be prepaid. For 366

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 17 Assessor’s Parcels of Undeveloped Property for whic h a building permit has been issued after January 1, 2022, compute the Assigned Facilit ies Special Tax and Backup Facilities Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for such Assessor’s Parcel.

3. (a) Divide the Assigned Facilities Special Tax comp uted pursuant to paragraph 2 by the total estimated Assigned Facilities Special Tax lev y for CFD No. 109 based on the Assigned Facilities Special Taxes for Developed Pro perty which could be levied on all expected development assuming Buildout of CFD No. 1 09, excluding any Assessor’s Parcels which have been prepaid, and

(b) Divide the Backup Facilities Special Tax comput ed pursuant to paragraph 2 by the total estimated Backup Facilities Special Taxes at Buildout for the entire CFD No. 109, excluding any Assessor’s Parcels which have been prepaid.

4. Multiply the larger quotient computed pursuant to p aragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Pr eviously Issued Bonds to be redeemed (the "Bond Redemption Amount").

5. Multiply the Bond Redemption Amount computed pursua nt to paragraph 4 by the applicable redemption premium (e.g., the redemption price minus 100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium").

6. Compute the current Future Facilities Costs.

7. Multiply the larger quotient computed pursuant to p aragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the a mount of Future Facilities Costs to be prepaid (the "Future Facilities Amount").

8. Compute the amount needed to pay interest on the Bo nd Redemption Amount from the first bond interest and/or principal payment date f ollowing the current Fiscal Year until the redemption date for the Previously Issued Bonds specified in the report of the Facilities Special Tax Prepayment Amount.

9. Determine the Facilities Special Tax levied on the Assessor’s Parcel in the current Fiscal Year which has not yet been paid.

10. Compute the minimum amount the CFD Administrator re asonably expects to derive from the reinvestment of the Facilities Special Tax Prep ayment Amount, less any interest earnings attributed to the Future Facilities Amount , and less any interest earnings attributed to the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previo usly Issued Bonds to be redeemed with the prepayment.

11. Add the amounts computed pursuant to paragraphs 8 a nd 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount").

12. The administrative fees and expenses of CFD No. 109 are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest 367

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 18 the prepayment proceeds, the costs of redeeming CFD No. 109 Bonds, and the costs of recording any notices to evidence the prepayment an d the redemption (the "Administrative Fees and Expenses").

13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as d efined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new re serve requirement (as defined in the Indenture) in effect after the redemption of Previo usly Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fu nd Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture).

14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interes t and/or principal payment following the current Fiscal Year, a capitalized interest cre dit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment date (the "Capitalized Interest Credit").

15. The Facilities Special Tax prepayment is equal to t he sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Facilities Special Tax Prepayment Amount").

2. Prepayment in Part

The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula:

PP = [(PE – A) x F] + A

These terms have the following meaning:

PP = the partial prepayment.

PE = the Facilities Special Tax Prepayment Amount calculated according to Section H.1.

F = the percentage, expressed as a decimal, by whic h the owner of the Assessor’s Parcel is partially prepaying the Facilities Special Tax.

A = the Administrative Fees and Expenses calculated according to Section H.1.

3. General Provisions Applicable to the Prepayment of Facilities Special Tax

(a). Use of the Facilities Special Tax Prepayment Amount

The Facilities Special Tax Prepayment Amount, less the Administrative Fees and Expenses calculated according to Section H.1 which shall be retained by CFD No. 109, and less the Future Facilities Amount calculated ac cording to Section H.1 which shall be deposited into the Improvement Fund, shall be depos ited into specific funds established under the Indenture, to fully or partially redeem a s many Outstanding Bonds as possible, 368

City of Fontana March 28, 2022
Community Facilities District No. 109 (Narra Hills) Page 19 and, if amounts are less than $5,000, to make debt service payments on the Outstanding Bonds.

(b). Full Prepayment of Facilities Special Tax

Upon confirmation of the payment of the current Fis cal Year’s entire Facilities Special Tax obligation, the CFD Administrator shall remove the current Fiscal Year’s Facilities Special Tax levy for such Assessor’s Parcel from th e County tax rolls. With respect to any Assessor’s Parcel that is prepaid in accordance with Section H.1, the CFD Administrator shall cause a suitable notice to be r ecorded in compliance with the Act, to indicate the prepayment of the Facilities Special T ax and the release of the Facilities Special Tax lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay the Facilities Special Tax shall cease.

(c). Partial Prepayment of Facilities Special Tax

With respect to any Assessor’s Parcel that is parti ally prepaid, the CFD Administrator shall (i) distribute or cause to be distributed the funds remitted to it according to Section H.3.(a) and (ii) indicate in the records of CFD No. 109 that there has been a partial prepayment of the Facilities Special Tax and that a portion of the Facilities Special Tax with respect to such Assessor’s parcel, equal to th e outstanding percentage (1.00 – F) of the remaining Maximum Facilities Special Tax, shall continue to be levied on such Assessor’s Parcel pursuant to Section D herein.

(d). Debt Service Coverage

Notwithstanding the foregoing, no prepayment of the Facilities Special Tax shall be allowed unless the amount of Facilities Special Tax that may be levied on Taxable Property (assuming Buildout) within CFD No. 109 in each future Fiscal Year (after excluding Public Property and Property Owner Associ ation Property as set forth in Section E.1 herein), after the proposed prepayment, is at least equal to the sum of (i) 1.10 times the debt service necessary to support the rem aining Outstanding Bonds in each corresponding Fiscal Year, and (ii) Administrative Expenses.

I. TERM OF SPECIAL TAX

The Facilities Special Tax shall be levied for a pe riod not to exceed fifty years commencing with Fiscal Year 2022-2023. The Services Special Tax sh all be levied in perpetuity to fund the Special Tax Requirement for Services.

T/Clients/FONTANA/MELLO/CFD Nos. 109 (Narra Hills)/ Rate and Method/Fontana CFD No. 109 (Narra Hills) R MA for ROI.docx Printed: March 28, 2022
369

A-1

EXHIBIT A

CERTIFICATE TO AMEND FACILITIES SPECIAL TAX

CFD NO. 109 CERTIFICATE

1. Pursuant to Section C.1 of the Rate and Method o f Apportionment (the "Rate and Method") for City of Fontana Community Facilities District N o. 109 (Narra Hills) ("CFD No. 109"), the Assigned Facilities Special Tax and the Backup Facilities Special Tax for Developed Property within CFD No. 109 has been reduced as described herein.

(a) The information in Table 1 of the Rate and Method r elating to the Assigned Facilities Special Tax for Developed Property within CFD No. 1 09 shall be modified as follows:

Land
Use
Class Description
Residential Floor
Area (square feet)
Original
Assigned
Facilities
Special Tax
Modified
Assigned
Facilities
Special Tax
1 Detached Residential Property 4,400 or greater $8 ,186 per unit $[____] per unit 2 Detached Residential Property 4,200 to less than 4,400 $7,879 per unit $[____] per unit 3 Detached Residential Property 4,000 to less than 4,200 $7,736 per unit $[____] per unit 4 Detached Residential Property 3,800 to less than 4,000 $7,592 per unit $[____] per unit 5 Detached Residential Property 3,600 to less than 3,800 $7,238 per unit $[____] per unit 6 Detached Residential Property 3,400 to less than 3,600 $6,905 per unit $[____] per unit 7 Detached Residential Property 3,200 to less than 3,400 $6,551 per unit $[____] per unit 8 Detached Residential Property 3,000 to less than 3,200 $6,240 per unit $[____] per unit 9 Detached Residential Property 2,800 to less than 3,000 $6,103 per unit $[____] per unit 10 Detached Residential Property 2,600 to less than 2,800 $5,873 per unit $[____] per unit 11 Detached Residential Property 2,400 to less than 2,600 $5,666 per unit $[____] per unit 12 Detached Residential Property 2,200 to less than 2,400 $5,349 per unit $[____] per unit 13 Detached Residential Property 2,000 to less than 2,200 $5,118 per unit $[____] per unit 14 Detached Residential Property Less than 2,000 $4 ,876 per unit $[____] per unit 15 Attached Residential Property 2,000 or greater $ 4,074 per unit $[____] per unit 16 Attached Residential Property 1,800 to less than 2,000 $4,025 per unit $[____] per unit 17 Attached Residential Property 1,600 to less than 1,800 $3,762 per unit $[____] per unit 18 Attached Residential Property 1,400 to less than 1,600 $3,627 per unit $[____] per unit 19 Attached Residential Property 1,200 to less than 1,400 $3,445 per unit $[____] per unit 20 Attached Residential Property Less than 1,200 $3,320 per unit $[____] per unit 21 Non-Residential Property NA $36,640 per Acre $[_ ___] per Acre

(b) The Backup Facilities Special Tax for Developed Pro perty within a Planning Area, set forth in Table 2 within Section C.1.a.(3) of th e Rate and Method, shall be modified as follows:

370

A-2
Planning
Area
Original
Backup
Facilities
Special Tax
Modified
Backup
Facilities
Special Tax
P.A. 1 $28,860 per Acre $[____] per Acre
P.A. 2 $52,010 per Acre $[____] per Acre
P.A. 3 $70,530 per Acre $[____] per Acre
P.A. 4 $69,890 per Acre $[____] per Acre

2. The Assigned Facilities Special Tax and the Back up Facilities Special Tax for Developed Property may only be reduced prior to the first issuance of CFD No. 109 Bonds.

3. Upon execution of the certificate by CFD No. 109, C FD No. 109 shall cause an amended notice of Special Tax lien for CFD No. 109 to be re corded reflecting the reductions set forth herein.

All capitalized terms used herein shall have the meanings set forth in the Rate and Method.

By:___________________________ Date:______________ ________ CFD Administrator

By execution hereof, the undersigned acknowledge, o n behalf of CFD No. 109, receipt of this certificate and modification of the Rate and Method as set forth in this certificate.

CITY OF FONTANA COMMUNITY FACILITIES DISTRICT No. 109 (NARRA HILLS)

By:___________________________ Date:______________ ________ 371

B

EXHIBIT B

PLANNING AREAS

Planning
Area (P.A.) Legal Description
P.A. 1 The land area within CFD No. 109 which is not located within P.A. 2, P.A. 3, or P.A. 4
P.A. 2 Lots 156 through 233, inclusive, of Tentativ e Tract Map No. 20010 P.A. 3 Lots 234 and 235 of Tentative Tract Map No. 20010 P.A. 4 Lot 236 of Tentative Tract Map No. 20010
Reference is hereby made to Tentative Tract Map No. 20010 approved by City Council on February 26, 2019 for a description of the lines an d dimensions of the lots listed above. The area geographically identified within the boundaries of an applicable Planning Area may be amended from time-to-time or modified pursuant to a final m ap or precise site plan for such property only at the discretion of the CFD Administrator provided th at such change will not reduce the amount of Maximum Facilities Special Tax below the amount req uired to equal at least 1.1 times the maximum annual debt service on all Outstanding Bo nds, plus the Administrative Expenses.

372

4152-8592-2101.2

I, Germaine McClellan Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on April 12, 2022, by the following vote to-wit:

AYES:

NOES:

ABSENT:

City Clerk

Mayor

ATTEST:

City Clerk

373

4125-8492-1397.2

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA TO INCUR BONDED INDEBTEDNESS OF

THE PROPOSED CITY OF FONTANA COMMUNITY
FACILITIES DISTRICT NO. 109 (NARRA HILLS)
WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), has this date adopted its Resolution entitled “A Resolution of the City Council of the City of Fontana of Intention to Establish a Community Facilities District Proposed to be Named City of Fontana Community Facilities District No. 109 (Narra Hills), and to Authorize the Levy of Special Taxes,” stating its intention to establish City of Fontana Community Facilities District No. 109 (Narra Hills) (the “Community Facilities District”) for the purpose of financing certain public facilities (the “Facilities”) and services, as further provided in said Resolution; and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amount of up to $50,000,000;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. The City Council hereby declares that in order to finance the Facilities, it is necessary to incur bonded indebtedness.

Section 3. The purpose for which the proposed debt is to be incurred is to provide the funds necessary to pay the costs of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of said purpose and of the financing thereof, as permitted by Section 53345.3 of the Act.

Section 4. The maximum amount of the proposed debt is $50,000,000.

Section 5. The City Council hereby fixes Tuesday, May 24, 2022, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, at 8353 Sierra Avenue, Fontana, California, as the time and place when and where the City Council will conduct a public hearing on the proposed debt authorization; provided, that, in the event the May 24, 2022 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

Section 6. The City Clerk of the City is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain the information prescribed by Section 53346 of the Act. 374

2 4125-8492-1397.2

Section 7. All actions heretofore taken by the officers, employees and agents of the City with respect to the proposed incurrence of bonded indebtedness by the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

Section 8. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 9. This Resolution shall take effect immediately upon its adoption.

APPROVED and ADOPTED by the City Council of the City of Fontana on April 12, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

375

4125-8492-1397.2

I, Germaine McClellan Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on April 12, 2022, by the following vote to-wit:

AYES:

NOES:

ABSENT:

City Clerk

Mayor
ATTEST:

City Clerk
376
PROPOSED BOU NDARIES OF CITY OF FONTANA COMMU NITY FACILITIES DISTRICT NO. 109 (NARRA H ILLS)

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

REFERENCE IS HEREBY MADE TO THE ASSESSOR MAPS OF SAN

BERNARDINO COUNTY FOR A DESCRIPTION OF THE LINES AND
DIMENSIONS OF THE PARCELS LISTED BELOW :
0226-075-13
0226-075-17
0226-075-18
0226-075-26
0226-075-27
0226-075-28
0226-075-29
0226-075-36
0226-075-39
0226-075-49
0226-075-50
0226-075-51
PROPOSED BOU NDARIES:

CITY CLERK'S CERTIFICATE

SAN BERNARDINO COU NTY

RECORDER'S CERTIFICATE

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FONTANA THIS ____ DAY OF ________, 2022.
_____________________________________

CITY CLERK OF THE CITY OF FONTANA

I HEREBY CERTIFY THAT THE W ITHIN MAP SHOW ING THE PROPOSED

BOUNDARIES OF CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 109 (NARRA HILLS), SAN BERNARDINO COUNTY, STATE OF

CALIFORNIA, W AS APPROVED BY THE CITY COUNCIL OF THE CITY OF FONTANA AT A REGULAR MEETING THEREOF, HELD ON THIS______ DAY OF ___________ , 2022, BY ITS RESOLUTION NO. _______________. _____________________________________

CITY CLERK OF THE CITY OF FONTANA
FILED THIS ____ DAY OF ____________, 2022, AT THE HOUR OF _____ O'CLOCK __M, IN BOOK __________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE __________ AND UNDER DOCUMENT NO. ________________, IN THE OFFICE OF THE COUNTY

RECORDER IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AT THE REQUEST OF THE CITY OF FONTANA, IN THE AMOUNT OF $______.

BOB DUTTON, ASSESSOR-RECORDER

SAN BERNARDINO COUNTY
BY: ______________________________

DEPUTY RECORDER

CFD BOUNDARY
300'0 900'
150' 600' 1200'
Prepared by
DTA
PROPOSED BOU NDARIES OF CITY OF FONTANA COMMU NITY FACILITIES DISTRICT NO. 109 (NARRA H ILLS)

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

THE PROPOSED BOUNDARIES OF CITY OF FONTANA COMMUNITY
FACILITIES DISTRICT NO. 109 (NARRA HILLS) CONTAINS 137.33 ACRES OF LAND, MORE OR LESS.

CFD BOUNDARY

CFD BOUNDARY

CFD BOUNDARY
DUNCAN

CANYON ROAD

COYOT E

HAW K RIDGE
0226-075-13
0226-075-17
0226-075-18
0226-075-26
0226-075-27
0226-075-28
0226-075-29
0226-075-39
0226-075-49
0226-075-50
0226-075-51
377
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1325 Agenda Date: 4/12/2022
Agenda #: R. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Adopt a Resolution Opposing SB 871 a School Vaccine Requirement Bill RECOMMENDATION:

Adopt Resolution No, 2022- _____, of the City Council of the City of Fontana Opposing SB 871 a School Vaccine Requirement Bill.

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:

SB 871 is a school vaccine requirement bill by State Senator Richard Pan who is a longtime vaccine proponent in the state Capitol. This bill would add the COVID-19 vaccine to the list of required immunizations for California’s school children. That would also bar students from receiving exemptions for personal or religious reasons.

SB871 has been referred to the Senate Health Committee and Education Committee, however a hearing date has not been set thus far. To move forward, the bill must be out of both committees by May 6, 2022 to reach a State Senate floor vote.

On March 15, 2022, the San Bernardino County Board of Supervisors passed a resolution opposing SB 871.

FISCAL IMPACT:

If SB 871 is passed and signed by the Governor, there is a real threat of parents pulling their children out of public schools which may have a major financial impact on local school districts.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 4/5/2022Page 1 of 1
powered by Legistar™
378

RESOLUTION NO. ________

A RESOLUTION OF THE CITY OF FONTANA OPPOSING RECENTLY
INTRODUCED STATE LEGISLATION, SENATE BILL 871 (PAN), WHICH REQUIRES MANDATORY COVID-19 VACCINATION FOR ALL PUBLIC

SCHOOL STUDENTS IN CALIFORNIA AND REMOVES EXEMPTIONS
FOR PERSONAL BELIEFS. FUTURE DISEASE IMMUNIZATION

REQUIREMENTS WOULD BE DETERMINED BY THE CALIFORNIA

DEPARTMENT OF PUBLIC HEALTH RATHER THAN THE STATE

LEGISLATURE

WHEREAS, In fall 2021, Governor Newsom directed the California Department of Public Health (CDPH) to follow the procedures established by the California State Legislature to add the COVID-19 vaccine to other vaccinations, such as measles, mumps, and rubella, required for in -person public school attendance in the state pursuant to the California Health and Safety Code;

WHEREAS, Under California law, students are allowed to forgo vaccines required for in- person attendance at K -12 schools if a doctor says it is medically necessary to do so; however, since current law only applies to previously approved immunizations, the state must offer broad personal belief exemptions for all newly mandated vaccines unless lawmakers and Governor Newsom override that requirement by enacting new legislation;

WHEREAS, On January 24, 2022, Senate Bill (SB) 871 (Pan) was i ntroduced which, if signed into law, would mandate all students attending California public schools receive the COVID-19 vaccination and eliminate the personal belief exemption;

WHEREAS, SB 871 also removes the personal belief exemption from any future or additional immunization requirements that are deemed necessary by the California Department of Public Health;

WHEREAS, Personal belief exemptions have been a time -honored tradition under American law, most notably for conscientious objectors whose personal beliefs have been respected and tolerated, under rights enshrined in the First Amendment to the Constitution;

WHEREAS, Governor Newsom has begun to lift emergency orders and other COVID-19- related state mandates, including lifting the workplace indoor mask mandate as of March 1st and lifting the indoor mask mandate for schools as of March 11th, thereby indicating the state’s recognition of rapidly improving public health conditions;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HERBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: Recitals. That the recitals set forth hereinabove are true and correct in all respects, and are incorporated herein.
379
Resolution No. 2022-

Section 2: Opposing SB 871. The Fontana City Council oppose s SB 871 and similar legislation, regulatory efforts, and state mandates which would require mandatory COVID-19 vaccinations without exceptions for personal beliefs. This includes vaccination mandates as a requirement for employment or enrollment in educational institutions, both public and private.

APPROVED AND ADOPTED this 12th day of April, 2022.

READ AND APPROVED AS TO LEGAL FORM:

_____________________________________
City Attorney

I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly ad opted by the City Council at a regular meeting on the 12th day of April, 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

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1309 Agenda Date: 4/12/2022
Agenda #: A. Category: Public Hearing
FROM:

Development Services
SUBJECT:

Adoption of a Resolution of the City Council of the City of Fontana Abandoning Undeveloped City- Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939 (Government Code sections 38501 et. seq.); and Determining that the Abandonment of the Parkland is Exempt from CEQA
RECOMMENDATION:

1. Conduct the public hearing; and

2. Adopt Resolution No. 2022 - ____ of the City Council of the City of Fontana Abandoning Undeveloped City-Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939; and Determining that the Abandonment of the Parkland is Exempt from CEQA.

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:

BACKGROUND:

On September 23, 1997, Ten-Ninety, LTD quit-claimed the deed of a ten (10) acre parcel of vacant land identified as APN 0237-411-13 (the “Property”) to the City, which was formally accepted by the City on May 2, 1999. The Property was never formally dedicated as “park”,was not used as a public park, and no City funds were used to improve the Property into a park. As such the Property has remained vacant parkland since the City acquired it in 1997.

DISCUSSION:

On February 22, 2022, the City Council adopted Resolution No. 22-013, a Resolution of Intention describing the Property to be abandoned and ordered a public hearing on the proposed abandonment be set for April 12, 2022.

During the public hearing City Council must meet, hear, and pass on objections to the City of Fontana Printed on 4/6/2022Page 1 of 2
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File #: 21-1309 Agenda Date: 4/12/2022
Agenda #: A. Category: Public Hearing
During the public hearing City Council must meet, hear, and pass on objections to the abandonment of the Property. If the City Council concurs with the objections, the proceedings shall terminate.

However, if all objections are overruled, then City Council may order all or a portion of the Property to be abandoned. If all objections to the abandonment of the property are overruled, tonight’s public hearing completes the procedural steps necessary to allow for the future sale of this parcel. As such, this action allows the City to be open to future opportunities for the use of the Property.

FISCAL IMPACT:

None.

MOTION:

Accept staff recommendation.

City of Fontana Printed on 4/6/2022Page 2 of 2
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1 RESOLUTION NO. ________

RESOLUTION ABANDON ING UNDEVELOPED CITY-

OWNED PARKLAND PURSUANT TO THE MUNICIPAL
PARK ABANDONMENT LAW OF 1939 (GOVERNMENT
CODE SECTIONS 38501 ET SEQ.) ; AND DETERMINING

THAT THE ABANDONMENT OF THE PARKLAND IS

EXEMPT FROM CEQA

WHEREAS, on September 23, 1997 the City of Fontana (“City”) acquired a parcel of vacant parkland by quit-claim deed identified as APN 0237 -411-13, as more particularly described in Exhibit “A” (“Property”); and

WHEREAS, the Property was formally accepted by the City on May 2, 1999; and

WHEREAS, the Property is approximately ten (10) acres in size; and

WHEREAS, the Property was never formally dedicated as a “park” or developed as a park, never used by the public as a park, nor were City funds were ever used to make improvements to the Property; and

WHEREAS, the Municipal Park Abandonment Law of 1939, codified a t Government Code sections 38501 et seq. (the “Act”) authorizes the City to sell land that was dedicated for parkland purposes; and

WHEREAS, on February 22, 2022, the City Council adopted Resolution No. 22- 013, a Resolution of Intention to Abandon and Sell Parkland, and ordered a public hearing on the proposed abandonment be set for the 12 th day of April, 2022, in the City Council Chambers of t he City Council, at City Hall, 8353 Sierra Ave, Fontana, California; and

WHEREAS, a copy of Resolution No. giving notice of the date, hour and place of hearing of the proposed vacation abandonment was published for at least three successive weeks p rior to the hearing pursuant to Section 6063 of the Government Code; and

WHEREAS, at least four c opies of Resolution No. 22-013 were conspicuously posted along the boundary of the park land to be vacated abandoned not more than 100 feet apart; and

WHEREAS, the hearing described above h as been conducted at the designated time and place, and this Council having heard and considered all oral, documenta ry and other evidence presented; and

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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES RESOLVE AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference and made a substantive portion of this Resolution.

Section 2. After conducting the public hearing the City Council of the City of Fontana does hereby pass and overrule any and all objections to the abandonment of the use of the Property for park purposes and hereby abandons the use of the Property for park purposes pursuant to the provisions of the Municipal Park Abandonment Law of 1939.

Section 3. Pursuant to Government Code section 38508, the City Council may order the sale of the Property in one block or in lots or parcels, for cash or on credit, as it deems most advantageous to the City.

Section 4. This approval is not subject to the California Environmental Quality Act (“CEQA”), because it is exempt under State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environm ent. City staff is directed to file the appropriate Notice of Exemption with the County of San Bernardino.

PASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on April 12, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Acquanetta Warren, Mayor

ATTEST:

City Clerk

APPROVED AS TO FORM:

Ruben Duran, City Attorney
384
3 Exhibit “A”
Legal Description of Parkland

LOT 11 OF TRACT NO. 15117, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 275, PAGES 66 THROUGH 90, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 0237-411-13-0-000

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